Back in 2006, the government adopted a law on personal data. The total collection of personal information began only with the introduction of the municipal services system. In addition to state and private financial, legal departments, other organizations began to accumulate information about their clients - schools and kindergartens, shops and social groups.
The concept of personal data
Few citizens have thought about what is hidden under the phrase “I give my consent to the processing of personal data”. And this is any information about a particular person. The operator, that is, the person who collects the data, is actually entitled at its discretion to dispose of the information received, organize it, use it for its own purposes or transfer it to third parties. Simply put, by giving his consent, a client of an organization trusts the operator to distribute personal information to an indefinite circle of people (we can never be sure that the data will not fall into the wrong hands). And this is an opportunity for fraud. There is only one way out of this situation - the withdrawal of consent to the processing of personal data.
When it is recommended to withdraw consent
Cancellation of previous personal information agreements is desirable in the following cases:
- if the bank loan is fully repaid, but the bank still sends all kinds of offers by phone or e-mail;
- if the borrower is in debt to a financial institution and there is a risk that the case will be transferred to a collection agency;
- change of residence or work.
In fact, it is better to issue a withdrawal of consent to the processing of personal data if relations with a legal or natural person are terminated.
Loan agreement
A common problem is that the loan has been repaid, and mailings and all kinds of information from the bank do not stop coming. Naturally, when signing a loan agreement, the borrower agreed to the processing of his personal data. Therefore, such a borrower is strongly recommended to contact the bank and issue a statement of withdrawal of consent to the processing of personal data.
At the level of legislation, the application form is not defined, but certain practice on this issue has already been formed. Document Requirements:
- in the heading of the document should describe the details of the banking institution, address;
- below in the header are the applicant's data;
- document's name;
- in the body of the document it is recommended to refer to the norms of legislation, and more precisely, to paragraph 2. Art. 9 of the law of the Russian Federation No. 152-FZ and write down your request for recall;
- at the end are written the contact details of the applicant, name, signature and date of preparation of the document.
Revocation of consent to the processing of personal data is best sent by mail, by registered letter, to the address of the branch where the applicant is served and to the legal address of the bank.
In order for the bank to quickly find information about its client, it is better to attach a copy of the contract and your passport to the letter.
The application can be personally filed at the bank, or come with a ready-made document. It must be made in duplicate, so that on one of them the employee put a mark on receipt. Ideally, within 3 days, the bank should stop processing the applicant’s personal data.
Sample revocation of consent to the processing of personal data
To the head of the Igrek bank
Bank branch address ...
legal address ...
Applicant Ivan Ivanovich
address of residence ...
Loan contract number ...
date …
Revocation of consent to the processing of personal data
I, the applicant (full name), on the basis of p ... art ... No. ...- FZ, withdraw my consent given by me upon receipt of the loan (contract ... from ...) to the processing of my personal data.
After receiving feedback, I demand to stop using my personal data no later than 3 days.
Contact details
telephone
date, signature, full name
If there is a loan debt
Not every borrower is able to repay loan obligations on time and in full, and then there is a huge risk that the case will be transferred to collectors. In this case, you should carefully reread the contract. It is clear that the bank is not entitled to disclose the received personal information of its customers, but it is probably stated in the contract that during its operation it can process it. It will not work to withdraw your consent in such a situation, but there is another way. The borrower has the right to apply to the financial institution with a request to prohibit the transfer of his personal information to collectors.
When drawing up a petition for a ban, you can use the form for revoking consent to the processing of personal data, slightly correcting it. Although the Supreme Court in 2016 decided that banks are not entitled to transfer any information to third parties, namely collectors, it is better to hedge and protect yourself and your family.
If the bank bothers relatives and friends, the employer
The procedure for applying for a loan involves the collection of information not only about the guarantors, but also about the immediate environment of the borrower. When the borrower has difficulties, then the debtor’s environment begins to worry about paying off the loan. However, such people do not give any consent, which means that the actions of employees of a financial institution are absolutely illegal, especially when they are used to achieve their own goals.
In this case, you should do the same and draw up a statement using the form for withdrawing consent to the processing of personal data, slightly editing the text. In addition to the request to prohibit the transfer of personal data to any person, it should be mentioned that relatives and close people did not give any consent. Sample text might look like this:
"... I inform you that my friends, colleagues and relatives (it’s better to list the persons who are concerned about the bank employee) did not give the Bank“ Name ”and related organizations (the name of the collection office or offices should also be clarified) no consent to the collection, processing or the use of their personal data. Therefore, if the persecution does not stop, I will be forced to contact the police ...
I also remind you that the Bank "Title" has the opportunity to always quickly contact me directly, by phone ..., mailing address ..., email address ... ".
Naturally, the text of the application should always be adjusted, depending on the situation, in extreme cases, you may need to contact lawyers, law enforcement agencies or the court, but the general procedure for withdrawing consent to the processing of personal data must be adhered to.
"Parting" with the employer
Surely everyone is already accustomed to that when applying for a job, each employee signs a lot of documents. This is due to the fact that the employer can not even issue a personal card without the consent of his subordinate or to carry out other actions regarding him.
When employee consent is not required
Although there are situations when the employer is not even required to require consent to the processing of data, even if the person quit:
- if information is required for tax and accounting;
- if an access control regime is organized at the enterprise, but on the condition that all measures comply with the collective agreement and do not contradict the current legislation;
- when calculating and paying mandatory contributions to pension and social budgets, other funds.
Also, all information about the employee should be stored in the company’s archive for a certain time, the minimum period is at least 5 years, and personnel documentation is stored for 75 years. In light of this, upon dismissal, the employer is not required to take consent to the collection and processing of data from the employee.
When consent is required
If the accounting or personnel records is maintained by a third-party organization, then it will have to obtain consent from each employee. Such a document should clearly spell out information about the organization that will handle the processing of information about people, as well as to what extent and for what purpose their personal data will be used.
Situations when an employee can write a review
It is recommended to write a review in 2 cases:
- if the employee has facts that his information is being used for other purposes, is disclosed to third parties, the employer does not observe the confidentiality regime;
- upon dismissal.
Naturally, refusing to store personal data will not work, but transfer and processing nevertheless follows.
Effects
Naturally, any action entails certain consequences. There are consequences of the withdrawal of consent to the processing of personal data. It is clear that the operator’s actions are still at the testing stage, the procedure for submitting consents and their feedback is only being formed in practice. But it’s already clear that submitting consent with virtually unlimited rights, especially to the employer or the university administration, who will store and use the information for 75 years, is a harmful practice. And given the average life expectancy, this is a lifetime possession of information about the person.
If the applicant or student does not give consent or is trying to reduce the powers of the operator, the latter may prevent a person from working or exams. The same situation occurs in medical institutions, in addition to collecting data on pension bills and medical insurance there, they have the right to use this information for at least 25 years. Analyzing what is happening around, you can understand that the state wants to totally control every citizen.
And, sadly, to date, the employee’s withdrawal of consent to the processing of personal data is a formality, and more than one operator does not take this seriously. Most often, prior to the receipt of feedback, all information has already been sent to third parties. Refusal to provide personal data or withdrawal of consent entails practically repressive methods of influence.
The bank does not give out a loan, the institution does not allow exams or does not issue a diploma, the employer does not allow to work, and the medical institution refuses help. What can we say about state services that simply will not be provided, and applications are not accepted for consideration! Perhaps the situation will change in the future, but so far the authorities are only trying to have complete information about each citizen, which allows them to manipulate the whole society.