Personal data: change of responsibility

Oct, 01 2018

According to the Russian legislation, personal data is any information that relates to an individual.

 

Based on law and practice of the courts such personal data may include following information:

 

1) passport data;

2) information on the crossing of the state border;

3) information about an employee from an employment contract.

 

At the moment the depersonalizing of personal data is the exclusive responsibility of officials of state and municipal bodies. They must perform operations, as a result of which it becomes impossible to determine belonging of personal data to an individual.

 

Legislation provides compulsory methods of depersonalizing personal data, which, for example, include:

Method of identifiers - replacement of information with identifiers

Example: The first and last name of an individual is changed to AA12345

 

Mixing method - mixing the personal data of several individuals between each other

Example: The first and last name of an individual №1 is mixing with the first and last name of individuals №2 and №3.

 

Responsibility for the failure to perform duties of depersonalizing of personal data and (or) for non-use with the methods is provided for not all operators, but only for operators from state and municipal bodies.

 

The Ministry proposes that responsibility for these offenses be provided for all operators: companies, entrepreneurs, individuals.

 

In reference to the changes, therefore, it is also proposed to change the system of penalties for these offenses:

For individuals – from 700 to 1 500 rub.

For officials – from 3 000 to 6 000 rub.

For entrepreneurs – from 5 000 to 10 000 rub.

For companies – from 15 000 to 30 000 rub.

According to the Russian legislation, personal data is any information that relates to an individual.

 

Based on law and practice of the courts such personal data may include following information:

 

1) passport data;

2) information on the crossing of the state border;

3) information about an employee from an employment contract.

 

At the moment the depersonalizing of personal data is the exclusive responsibility of officials of state and municipal bodies. They must perform operations, as a result of which it becomes impossible to determine belonging of personal data to an individual.

 

Legislation provides compulsory methods of depersonalizing personal data, which, for example, include:

Method of identifiers - replacement of information with identifiers

Example: The first and last name of an individual is changed to AA12345

 

Mixing method - mixing the personal data of several individuals between each other

Example: The first and last name of an individual №1 is mixing with the first and last name of individuals №2 and №3.

 

Responsibility for the failure to perform duties of depersonalizing of personal data and (or) for non-use with the methods is provided for not all operators, but only for operators from state and municipal bodies.

 

The Ministry proposes that responsibility for these offenses be provided for all operators: companies, entrepreneurs, individuals.

 

In reference to the changes, therefore, it is also proposed to change the system of penalties for these offenses:

For individuals – from 700 to 1 500 rub.

For officials – from 3 000 to 6 000 rub.

For entrepreneurs – from 5 000 to 10 000 rub.

For companies – from 15 000 to 30 000 rub.