What is the purpose of processing personal data? Consent to the processing of personal data sample form I agree to the processing.

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In the age of information and the Internet, data is transmitted and distributed at unprecedented speed. Social networks add fuel to the fire by making users’ personal data almost publicly available. But does the owner himself always agree that information about him is collected, studied, stored and transmitted?

Personal data: what does it include?

Information about a person is so important and significant that the legislator finally decided to legally regulate this area and defined personal data as information about a person that identifies him.

These include:

first name, patronymic, last name;
place of residence;
Date and place of birth.

A separate legal regime is established for information that poses a risk to the rights and freedoms of the subject of personal data and includes information about:

racial or ethnic origin;
nationality;
religious and ideological views;
membership in political parties and trade unions;
criminal prosecution;
health, sex life, biometric and genetic data.

Personal information includes passport and other registration information, data on family or property status (with the exception of civil servants) and many others, since their list is not limited by the legislator.

The law also establishes a form of consent for the processing of personal data. Such permission is made in writing in order to be sure of the unconditional consent of the owner of the information.

What does the processing of personal data involve?

Each citizen can get acquainted with information about another person, both by the nature of his work and in the process of informal communication, reading newspapers or browsing the Internet. Such familiarization does not mean the processing of personal data: I read, heard, learned - and, perhaps, forgot. Or just took note.

If information about a person is collected for subsequent systematization, use, transfer or storage, this is already the processing of personal data. This procedure is carried out, for example, by clinics or schools: the data obtained is registered, entered into databases and catalogues, and classified for subsequent use for their statutory purposes.

A journalist, writer or individual may process personal information solely for creative purposes without complying with legal regulations.

Restrictions on the processing of personal information

Collection and processing of personal data is permitted solely for the fulfillment of statutory tasks and achievement of the established goal. For example, a clinic may use personal information collected from patients only to provide medical care to those individuals.

Entire arrays of personal information are processed by insurance companies, travel agencies, transport companies, utilities and other similar legal entities. These organizations may use such information only to perform their tasks for the consumer and do not have the right to collect more information than is necessary for a specific situation.

It is impossible to collect data that poses a risk to the rights and freedoms of a person unless such information is provided by the person himself, for example, a member of a political party provided information about himself directly to the party organization.

Who has the right to process information about a person?

Any actions with personal data can only be carried out by those to whom the data owner has given consent.

There are also exceptions to the rules, for example, investigative authorities can process information about the accused without his consent. This right of the investigator is caused by the need to protect public interests and fulfill his official duties.

Tax and pension authorities also carry out various operations with personal information not only to fulfill their duties, but also to ensure the rights of citizens.

Mobile operators have a considerable amount of personal information about subscribers. Of course, they can only use such information to provide high-quality mobile communications to the user.

Personal data at work

Most often, personal information is provided during employment. The law establishes a list of mandatory information about the employee, without which hiring is impossible:

first name, patronymic, last name;
Date of Birth;
location;
series, number, date of issue of passport;
tax and insurance registration numbers;
Family status;
health status and some other information.

With the receipt of this data, the law associates certain legal consequences with regard to wages, vacations, benefits and many other issues.

Of course, every citizen can refuse to disclose information about himself, but in this case the employer has the right to refuse to hire him - this is the legal relationship. Most often, problems do not arise during registration, since the employee voluntarily provides the necessary information.

However, it should be remembered that the employer does not have the right to operate with employee data on nationality or party affiliation, religious views and some others.

What is consent to the processing of personal data?

The permission of the owner of personal data for their processing is usually issued in writing, including during employment.

Companies who have learned from bitter experience or are simply cautious ask consumers to sign appropriate statements when applying for discount cards and participating in promotions; clinics, schools, universities and other institutions have also developed standard consent for the processing of personal data.

Before signing, you should carefully study the sample and make sure that the requested information is really necessary for a specific person. A written consent form for the processing of personal data allows you to confirm the good will of the owner.

Reservations regarding personal data are included in almost all contracts: business, labor, consumer, because when it comes to complying with the law, it is better to overdo it a little than to underdo it.

Written form

Below is the written form of the employee’s consent to the processing of personal data.

Director of the Selkhozmash plant

Ivanov I. I.

tractor driver of the mechanization shop

Aristov Oleg Arkadevich.

Place of compilation.

With this application I give written permission to collect, process, use and store my personal data, to the extent necessary to ensure my labor and social rights, pay established taxes, fees and other mandatory payments, make mandatory contributions to state funds, as well as for other purposes. purposes arising from labor and related legal relations between me and the employer and within the limits provided for by current legislation.

The employer has the right to transfer my personal data to third parties only in cases expressly established by law.

The employee usually signs consent to the collection and processing of personal data when applying for a job and providing all the necessary documents. It makes sense to request such a statement from him before signing the employment order.

Consent to the processing of personal data: sample

One of the non-standard options in the field of processing personal data is the issuance by parents of consent to an educational institution for operations with the personal data of their minor child. Of course, the school is forced to use information about children and their parents to provide educational services. Parents as legal representatives of minor children have the right to issue such permission.

Legal advice: both parents should be asked about consent to the processing of a child’s personal data, regardless of whether they are in an official, civil marriage or divorced. The exception is deprivation of parental rights by court decision.

Below is a sample consent form drawn up by both parents.

To the director of secondary school No. 30

Moscow

Ivanova I. I.

parents of a 4th grade student

Petrova Petr Petrovich, born in 2005,

resident: Kharkov highway, 356, apt. 2,

Mother of Petrova Irina Leonidovna,

residing: Kharkov highway, 356, apt. 2,

Father Petrov Igor Ivanovich,

residing: Kharkov highway, 356, apt. 2,

Consent to the processing of the child’s personal data

With this statement, we give permission to the school administration to collect, process, use and store our child’s personal data solely to the extent necessary to ensure the educational process and related legal relations related to the social rights of our child.

We permit the transfer of our child’s personal data to third parties only in cases provided for by current legislation, of which the administration must notify us in the prescribed manner.

Petrova I. L., date.

Petrov I.I., date.

If desired, parents can draw up separate consent sheets for the processing of personal data, each on their own behalf.

Is it possible to process information about a person without the consent of the owner?

As a general rule, the processing of personal information without the voluntary consent of the owner is illegal. The exception is cases when information is processed without the consent of the owner to protect his vital interests.

In some cases, it is possible to process personal information without the written consent of its owner:

when issuing permission to the database owner;
when concluding a transaction in the interests of a citizen and for some other reasons.

What sanctions are provided for violating the procedure for handling personal information?

Disciplinary. Applies to employees who, in violation of their official duties, have not ensured the protection of personal data.
Administrative. Liability in the form of fines is quite serious and is imposed on the guilty person (for citizens - in the amount of 300 to 500 rubles; for officials - from 500 to 1000 rubles; for legal entities - from 5000 to 10,000 rubles - depending on the offense committed and the legal status of the offender).
Material. It may occur by court decision if a violation of a person’s rights to the safety of personal data causes him material or moral damage.

Information about a person is protected by law due to its special importance, which means that it is necessary to comply with all the requirements of the law on the protection of personal data.

We talked about what personal data is, what are the general requirements for their processing and protection, and gave an example of the Regulations on the processing and protection of personal data of employees. In general, the processing of a person’s personal data is carried out with his consent (clause 1, part 1, article 6 of the Federal Law of July 27, 2006 No. 152-FZ). We will tell you how to formalize such consent in our material, provide a sample of written consent to the processing of an employee’s personal data, and also remind you whether an employer always needs to obtain consent to process an employee’s personal data.

Form and content of consent to the processing of personal data

Consent to the processing of personal data is provided in writing in paper or electronic form. In this case, it must be certified with a handwritten or electronic signature, respectively. Consent must include, in particular, the following information (Part 4, Article 9 of Federal Law No. 152-FZ of July 27, 2006):

FULL NAME.;
individual's address;
information about the main identity document (number, date of issue and issuing authority);
name or full name and the address of the operator who receives consent to data processing;
purpose of processing personal data;
list of personal data for the processing of which consent is given;
name or full name and the address of the person who will actually process personal data on behalf of the operator (if processing is entrusted to another person);
a list of actions with personal data for which consent is given, a general description of methods for processing personal data;
the period during which the consent is valid, as well as the method of its withdrawal;
signature of the person who gave consent.

Consent form for the processing of personal data: sample

Here is a sample for filling out consent to the processing of personal data:

Consent to the processing of personal data:

When drawing up consent to the processing of personal data of a minor, the same sample can be used, taking into account some features. Federal Law No. 152-FZ of July 27, 2006 does not specify the procedure for obtaining consent to the processing of personal data of a minor. Only in relation to incapacitated people is it stated that consent to the processing of their personal data is given by legal representatives (Part 6, Article 9 of the Federal Law of July 27, 2006 No. 152-FZ). Considering that minors have limited legal capacity, it is advisable to formalize the consent of minors over 14 years of age both on behalf of the minors themselves and their legal representatives (parents, adoptive parents, guardian). At the same time, in the sample consent form for the processing of personal data, it is necessary to provide space for indicating the relevant information (full name, address, passport details) of both the minor and his legal representative.

When consent to the processing of personal data is not required

The obligation to obtain a person's written consent to process his or her personal data does not mean that, for example, an employer must always obtain such consent from its employees. Thus, consent to the processing of personal data of employees is not required in the case when the processing of personal data is carried out in the performance of a contract concluded with the employee and within the framework of the obligations that are assigned in this regard to the employer. For example, data processing when concluding an employment contract, when data is processed from documents or information presented when applying for a job; when filling out a personal card in form No. T-2; when transferring mandatory information about an employee to the Social Insurance Fund, Pension Fund, tax authorities; when processing information in accordance with the collective agreement. This also includes, in particular, the processing of personal data of a dismissed employee as part of accounting and tax accounting (Explanations of Roskomnadzor).

In the practice of Russian jurisprudence, participants in a variety of legal relationships have to sign permission to process personal data. Most often, this document is found between a future employee of an enterprise and his direct employer.

If we consider the permission to process personal data from the point of view of its purpose, then its signing by one person allows another person to use information about the first person within the framework of current legislative norms. But first things first…

In accordance with the Constitution of the Russian Federation and a number of legislative acts, the personal data of any participant in legal relations is the subject of protection. If third parties need to use them, the owner must give them appropriate permission. Direct users of personal information can use it only within the legally established framework, otherwise they will be punished accordingly.

The essence of the phenomenon of personal data and the principles of their use are set out in many regulatory documents of the Russian Federation. The main source of information about this term is the Federal Law of July 27, 2006 under number 152-FZ. According to its provisions and norms of constitutional law, the following can be stated:

Personal data is any information that relates to a specific person and can properly identify him (full name, date and place of birth, personal characteristics, confidential data from personal documents, etc.).
Any participant in legal relations on the territory of the Russian Federation has the right to count on the legal protection of this information, regardless of the context of its use or dissemination.
The collection, systematization, accumulation, updating, and other use of personal data may not be carried out by the owner, only with his permission. Except for cases determined by the legislation of the Russian Federation, exceptions to this rule. For example, situations with the work of government agencies processing arrays of personal information about Russian citizens.

In principle, there is nothing surprising or even strange in the considered legislative interpretations. The law in our country is constructed competently in accordance with all generally accepted norms of jurisprudence and the rights and interests of participants in legal relations.

What is a permit and when is it required?

Consent or permission to process personal data is a document that confirms the ability of one person to use this information regarding another.

Simply put, signing such a document will allow an interested participant in a specific legal relationship to legally receive, collect, store and otherwise use the personal information of his opponent.

The distinctive features of the permit in question can be considered its specific legal force, expressed in:

the ability of one participant in legal relations to use the personal data of another
guarantees from the owner of this information that it will be used exclusively for specific purposes and within the framework of the legislative norms of the Russian Federation
full protection of both the document itself and the personal information of the interested party by the legislator

It is important to understand that signing a permit is purely voluntary. In accordance with any legislative act of the Russian Federation, coercion to draw up this document is impossible and is illegal.

Note! Federal Law 152-FZ clearly states that the party that has received the right to use such information must notify Roskomnadzor about this.

If the government agency does not receive appropriate notification about the processing and subsequent use of personal data, it turns out that the participant in legal relations who received it for his use. You can check the integrity, for example, of an employer who has received the permit being considered today by personally visiting a Roskomnadzor branch or its official website. The interested party has every right to obtain information about whether his personal data is being used by anyone, and whether this is being done legally.

When is consent issued?

Permission to process personal data may be required in many life situations. Today, bureaucratic nuances have become so deeply embedded in everyday processes that the consent being considered today is often formalized even when it is necessary to use publicly available information about a person, for example, a citizen’s last name, first name and patronymic. What can we say about confidential and hidden data from the general public?

As examples of situations where a permit is required, let us imagine:

submission of documents upon admission of a child to a kindergarten or educational institution
employment
with a banking organization

Simply put, consent to the processing of personal information should be formalized in any legal relationship or at the time of its occurrence, when one party provides the other party with its personal documentation or the documents of the person it represents.

You can download a standard permission form here:

What is the penalty for illegal use of personal information?

As can be understood from the above material, it is illegal to use a person’s personal data without his permission, even when it comes to information available to everyone such as the last name and first name of a citizen or the name of an organization. Such a violation of the law, as well as non-compliance with the provisions reflected in the permit, is punishable under the Code of Administrative Offenses and the Criminal Code (Criminal Code of the Russian Federation).

The exact one is determined for the offender, taking into account the gravity of the committed act and its legal status. Thus, the punishment for citizens is noticeably milder than the punishment for individual entrepreneurs, legal entities and officials. Offenders are often punished:

an administrative warning or a similar fine from 1 to 75 thousand rubles
a fine of up to 300 thousand rubles, the need to compensate for material or moral damage to victims and a criminal record
deprivation of the right to hold certain positions
forced labor, arrest and even imprisonment for up to 5 years

Naturally, the noted types of responsibility are often combined when imposed on. You should read more about them in the already noted Code of Administrative Offenses and the Criminal Code of the Russian Federation.

This concludes the important information on the topic of today’s article. We hope that the presented material helped all readers of our resource understand the essence of permission to process personal information and gave basic concepts about the phenomenon discussed today.

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Example of filling out a consent form

The consent form for the processing of personal data can be drawn up according to the sample provided on our website, but if necessary, minor amendments and changes in design can be made to it. Full name is written in the upper right part of the form. and the position of the person in whose name the document is drawn up, and the name of the organization is also indicated.