The Federal Law "On Personal Data" regulates relations associated with the processing of personal information of entities carried out by state authorities, local government structures and other bodies, individuals and legal entities, with or without automation, if the operations correspond to the nature of actions with their use. The purpose of the normative act is to ensure the protection of interests, freedoms and human rights, the inviolability of his private life and family secrets. Let us further consider what types of punishments are provided for by the Federal Law "On Personal Data".
General information
Article 24 152-FZ directly establishes the possible types of punishments applicable to violators of established requirements. Sanctions are imputed in the presence of guilt of subjects. The norms establish civil, administrative responsibility for the disclosure of personal data, as well as punishment under the Criminal Code and Labor Code.
CAO
Responsibility for the disclosure of personal data is possible under several articles of the Code. Among them, it is worth noting the following:
- 13.11 - Violation of the procedure for the collection, storage, distribution or use of information received about citizens established by the norms.
- 13.12 - failure to comply with the rules for protecting information.
- 13.13 - illegal activities in the field of protection of personal information.
- 13.14 - disclosure of data with limited access.
Punishment
Violation of the established procedure for the collection, storage, distribution or use of personal information about citizens directly indicates the need to comply with the provisions of the federal normative act in question. In accordance with Art. 13.11 Administrative Code, the perpetrators face a warning or a fine. Its size is:
- for individuals - 300-500 rubles;
- for legal entities - 5-10 thousand rubles;
- for employees - 500-1000 rubles.
Information Security Violation
In Art. 13.12 of the Code of Administrative Offenses indicates mandatory signs, in the presence of which responsibility for disclosing personal data may occur. These criteria determine the composition of misconduct that falls within the specified norm. These mandatory features include:
- Failure to comply or gross violation of the conditions established in the license to conduct activities in the field of ensuring the protection of information, except for information that is state secret. This condition indicates the obligation to obtain permission to perform the relevant operations. If this document does not exist, then there are no objective signs of violation. In case of violation or non-fulfillment of the conditions of the license, a fine is provided. Its value is: for individuals - 300-500 rubles., For employees - 500-1000 rubles., For organizations - 5-10 thousand rubles.
- The use of non-certified databases and banks for storing information, information systems, means of ensuring protection, if the relevant procedures are provided for by law. The following penalty is imposed for the disclosure of personal data: for citizens - 500 - 1000 rubles., For employees - 1-2 thousand rubles., For organizations - 10-20 thousand rubles. Additionally, non-certified security measures may be confiscated from individuals and legal entities.
TC
In accordance with Article 85 of the Code, the employee’s personal data is information that is necessary for the employer in connection with an employment relationship and that relates directly to a specific employee. When enrolling a new employee, the manager is obliged to inform him of the purpose for which he requests personal information, its nature. In addition, the employee is warned about the consequences of refusing to give consent (written) to the provision of information. At the same time, the employer is prohibited from receiving and processing information about his religious, political and other beliefs, membership in public organizations, trade union activities, as well as about his private life. Responsibility for the disclosure of personal data is primarily provided for the head of the enterprise. In addition, sanctions are established for the responsible persons of the enterprise. They, in particular, are employees who ensure the safety of information in accordance with an employment contract or job description. To such employees, the employer may apply the disciplinary sanctions specified in article 192 of the Labor Code. In particular, the following sanctions were established: dismissal, reprimand, remark. In addition, the head has the right to unilaterally terminate the labor contract with the employee who disseminated information protected by 152-, which became known to him by virtue of the performance of his duties.
GK
The Civil Code in article 946 provides for liability for violation by the subject of "insurance secrets". In particular, the norm established that the representative fear. An organization does not have the right to disseminate information received by it in carrying out professional activities. This applies to information about the beneficiary, the insured person, including the state of health of these entities, as well as their property status. Responsibility for the disclosure of personal data occurs depending on the type of rights that have been infringed, the nature of the violation. Punishment occurs in accordance with the rules in the manner and cases provided for in them, as well as in those situations and the extent to which the implementation of ways to protect the interests of a citizen derives from the essence of the intangible right to which the assault was committed and the nature of the consequences of the act. It should be noted that the practice of applying this rule is little known.
UK
The criminal liability for the disclosure of personal data is defined in Art. 137. In accordance with the norm, the punishment is imposed for violating the personal privacy of a citizen, expressed in the collection or dissemination of information constituting his family or individual secret, without his consent. Responsibility for the disclosure of personal data under article 137 also occurs in the event that information is made public in a public speech, during a demonstration of a work, as well as in the media. The perpetrator faces a fine of up to 200 thousand rubles, and imprisonment of up to 2 years. If these acts were committed using official position, the punishment will be toughened. So, imprisonment can be up to 4 years.
Explanations
In accordance with the Constitution, everyone has the right to inviolability of his private life, family and personal secrets, protection of a good name and honor. The collection, storage and disclosure of personal information without the consent of a citizen is not allowed. This prohibition guarantees the privacy of a person. Under it is understood that sphere of life that relates exclusively to a specific person and is not subject to the control of society and the state, if it is lawful. The crime falling under Article 137 of the Criminal Code is objectively characterized by vigorous actions. It is expressed in the collection of information related to the family, personal secrets of a person without his permission, their dissemination without consent, as well as their public disclosure, that is, the disclosure of personal data to third parties.
Specificity of acts
Distribution, within the meaning of Art. 137 of the Criminal Code, it is considered any illegal or without permission of a citizen to bring information to the attention of at least one subject. The disclosure method does not affect qualifications. The dissemination of information in public speaking involves the transmission of information to an indefinitely large audience. The disclosure of information in a demonstrated work involves the inclusion of data in its content. By media we mean a periodical of the print type, video, television, radio program, newsreels, etc. In cases where responsibility is established by other articles of the Criminal Code, a crime is qualified according to a special norm, in accordance with Art. 17, part 3 of the Code. For example, this is how the dissemination of information about the secret of adoption is considered. If the information is included in other data also protected by law, then the publication of information is qualified according to the totality of the rules. For example, the dissemination of information about the preliminary investigation is considered under Articles 137 and 310 of the Criminal Code.
Conclusion
Personal data refers to information protected by law. First of all, protection is guaranteed by the Constitution in Art. 23. This provision is specified in Federal Law No. 152. In particular, the constitutional provision is detailed in art. 24 regulatory acts. It defines the types of liability to which a person who violates the confidentiality of personal data can be brought. The mildest punishment is established by the Code of Administrative Offenses and Labor Code. The guilty person who disseminated information about the citizen will get off with disciplinary sanctions or a fine. Meanwhile, the victim has the right to file a civil suit. The disclosure of personal data is also punishable by the Criminal Code. In this case, depending on the nature of the violation, the perpetrator may even be imprisoned. Persons who disseminated personal information using their official position will not go unpunished. For them, the punishment will be toughened. As for the defense in court, the rules provide for the right of a citizen to file a motion for a private meeting. A lawsuit may include a claim for non-pecuniary damage if, as a result of the dissemination of information, a citizen experienced moral / physical suffering. The application is compiled in accordance with the requirements of the Civil Procedure Code. The plaintiff will have to provide evidence in support of his claims.