- Physical person who are granted to them about themselves.
To the general data there is free access in the presence of a written permission of the subject. This may also include such information about the subject, which are not provided for by law.
Subject is individualThe information about which collects, stores, processes and with any purpose uses the operator (legal or individual, municipal or state authority).
What types of information are they?
The list of personal information of the publicly available nature includes:
Features
Public personal information is presented in such sources as a passport or other identity card, driver's license, military ID, workbook, education diploma.
Not in all cases there is a need for a written permission to use them, sometimes enough signatures or "check mark" set in the desired column (for example, when filling out applications via the Internet).
General information can be placed in sources with free access.. They contain information about the subjects, their number includes a variety of reference books with telephone numbers or addresses.
An individual is entitled to get information about the operator, as well as find out the specific purpose pursued by the operator during processing.
The subject has the full right to submit an application, the approval of which allows you to clarify, block or destroy personal information if they are outdated, invalid, incomplete or availability is not required when processing.
In addition, an individual is entitled to request access to his personal information from the operator, as well as familiarize himself with the means of processing information. Operators are specialists engaged in processing information about a person..
Personal data processing bodies are all organizations that collect, process, accumulate and store information about employees, clients, suppliers.
For more information about how the personal data processing is needed, read.
In which case are they included in open sources?
The inclusion of information into publicly available sources occurs in various situations, for example:
- in case of employment and conclusion of the employment contract;
- in the process of census;
- establishment of trade relations, etc.
Personal data of the subject are classified by the volume of personal information about man and the degree of importance. Any operations with them are made strictly within the framework of legal acts and are subject to protection.
Operators are required to organize the security of the work process. They must ensure complete personal information of subjects from access to unauthorized persons.
In the process of collecting the operator is obliged to take a written permission for further processing. The processing includes information about the subject and the operator (FULL NAME, address), the purpose of the processing and list of the necessary information, as well as the description of the operations to be made with them.
At the very end of 2015, the author of this article took part in the discussion interesting topicwhich was devoted to the need to create a unified public database of unscrupulous job seekers. Our company decided to figure it out in this matter.
The argument of the need to create such bases is simple - there are many not adequate applicants who do not come to the interviews, lie in a resume, etc., so why not get acquainted with the creation of such comrades to the universal benefits of all HR.
It must be said that the idea is not new and, for sure, a number of companies have internal applicants' databases. With the help of such database, the personnel sifts unsuitable candidates with the most minimal cost time. If you theoretically assume that such a base may appear at the disposal of all HR countries, then how much it would be better. Well, because?
No not like this. Potential benefits can be easily overlapped with a negative, which will inevitably arise from the unlawful use of data from the base, unreasonable inclusion / exclusion of people in such bases, and the reputation, honor and advantages included in the databases.
Since 2006, the Federal Law "On Personal Data" has been operating in Russia, which unambiguously determines the conditions under which such bases may exist. So:
2. Article 6 of the Federal Law "On Personal Data" determines that "processing of personal data is carried out with the consent of the subject of personal data on the processing of its personal data."
3. Article 7 of the Federal Law "On Personal Data" determines that "Operators and other persons who have received access to personal data are obliged not to disclose to third parties and do not disseminate personal data without the consent of the personal data entity, unless otherwise provided by federal law."
4. Article 8 of the Federal Law "On Personal Data" determines that: "1. In order to information support Public sources of personal data can be created (including reference books, address books). In publicly available sources of personal data with the written consent of the subject of personal data, its surname, name, patronymic, year and place of birth, address, subscriber number, profession information and other personal data reported by the subject of personal data can be included. 2. Information on the subject of personal data should be excluded at any time from publicly available sources of personal data at the request of the subject of personal data or by decision of the court or other authorized state bodies. "
5. Finally, Article 13.11. Code Russian Federation On administrative violations, determines that "the violation of the procedure for collecting, storing, using or disseminating information about citizens (personal data) - entails the warning or imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; on officials - from five hundred to one thousand rubles; on the legal entities - from five thousand to ten thousand rubles. "
In other words, and in short:
1. Any data related to the physical person (including simply a phone number) is personal.
2. For personal data processing, you need to consent that you can withdraw at any time.
3. If someone has legitimate access to personal data, they are forbidden to disclose to someone or share with anyone without the consent of the personal data entity, unless otherwise provided by the current legislation.
5. For violation of the established procedure for collecting and storing personal data, liability is provided.
Output
The conclusion is very simple and understandable - the creation of a single publicly available basis of the negligent job seekers is possible only with the written consent of these most unrelated workers, which, naturally, reduces the likelihood of a legitimate creation of such a base. Those who will still solve such bases to create and share them with comrades, our company recommends familiarizing with the current this moment punishments.
publicly available personal data - personal data, access to which is provided with an unlimited circle of persons with the consent of the subject of personal data or which in accordance with federal law does not apply to confidentiality. ... ... Technical translator's reference
Publicly available personal data - Personal data, the access of an unlimited range of persons to which is provided with the consent of the personal data entity or which in accordance with federal laws does not apply to the confidentiality requirement ... Big Law Dictionary
Publicly available personal data - according to the Federal Law "On Personal Data" of July 27, 2006 No. 152 of the Federal Law, - personal data, the access of an unlimited range of people to which is provided with the consent of the subject of personal data or to which in accordance with the federal ... ... office work and archival business in Terms and definitions
Personal data Publicly available - publicly available personal data, the access of an unlimited range of people to which is provided with the consent of the subject of personal data or which in accordance with federal laws does not apply to the compliance requirement ... Official terminology
Public sources of personal data - according to the Federal Law "On Personal Data" dated July 27, 2006 No. 152 of the Federal Law, - Reference books, targeted books, etc. In publicly available sources of personal data with the written consent of the Personal Data Subject, its last name may be included, name ... Document Production and archival business in terms and definitions
About - Security for Credit (Security for Credit, Loan Security, Collateral) Providing stocks (Number of days ', Weeks' Stock) Impairment of assets (Impairment of Assets) ... Economics and Mathematical Dictionary
Website - Main page. Website wikipedia.org Website (from English Website ... Wikipedia
\u003e What are publicly available personal data and what types of information about this?
Features
Public personal information is presented in such sources as a passport or other identity card, driver's license, military ID, workbook, education diploma.
Not in all cases there is a need for a written permission to use them, sometimes enough signatures or "check mark" set in the desired column (for example, when filling out applications via the Internet).
General information can be placed in free access sources. They contain information about the subjects, their number includes a variety of reference books with telephone numbers or addresses.
According to the "List of confidential character", those that are subject to dissemination in the media are not confidential.
The processing is engaged in special units or bodies that are collected, systematized, stored, use, and also destroy information. Control over the legality of the use of personal data is carried out by Roskomnadzor, FSB and FSTEC.
FSTEC - Federal Service for Technical and Export Control issues a license to organizations providing services to other persons to create personal data protection systems. The data protection system is created for its needs, the license is not required for it.
An individual is entitled to get information about the operator, as well as find out the specific purpose pursued by the operator during processing.
The subject has the full right to submit an application, the approval of which allows you to clarify, block or destroy personal information if they are outdated, invalid, incomplete or availability is not required when processing.
In addition, an individual is entitled to request access to his personal information from the operator, as well as familiarize himself with the means of processing information. Operators are specialists engaged in processing information about a person.
Personal data processing bodies are all organizations that collect, process, accumulate and store information about employees, clients, suppliers.
In which case are they included in open sources?
The inclusion of information into publicly available sources occurs in various situations, for example:
- in case of employment and conclusion of the employment contract;
- in the process of census;
- establishment of trade relations, etc.
Personal data of the subject are classified by the volume of personal information about man and the degree of importance. Any operations with them are made strictly within the framework of legal acts and are subject to protection.
Operators are required to organize the safety of the work process. They should ensure full protection of personal information of subjects from access to unauthorized persons.
In the process of collecting the operator is obliged to take a written permission for further processing. In writing consent, information on the subject and the operator (name, address), the purpose of processing and the list of necessary information, as well as the description of the operations to be made with them.
Citizen, as the owner of personal information about himself, can withdraw the previously signed permit for its processing. If the subject is incapacitated or in the case of his death, consent is requested from legal representatives or heirs. The basis of the actions of the operator lies the Federal Law "On Personal Data".
Violation of the law is frozen by criminal, civil, administrative or other types of responsibility.
Any information about the physical person - the subject of personal data can be excluded from publicly available sources on the basis of the requirements of the subject, Roskomnadzor, the decision of the court or other state bodies.
If you have found an error, please select a text fragment and press Ctrl + Enter.
The displaced data include:
- Name, name and patronymic;
- Nickname / login subject on the Internet;
- Electronic address (without binding to the name);
- Position, place of work (without personal data).
The public data includes information about the subject that can be obtained in open sources information, for example, in telephone directory or targeted book. In such public bases, the data is made with the written consent of the subject. : Features The peculiarity of publicly available personal data is that they can be placed in open sources of information. That is, if the contact details of officials are indicated in the contact details directory, such as studying and hiring personnel, then such data is considered publicly available.
Concept and types of personal data
TK RF). Under the processing of personal data, the various operations provided for by the legislation of the Russian Federation are implied. Types of processing of PDNs include collecting, systematization, accumulation, storage, update, use, depletion, destruction, which are manufactured according to the procedures established by regulatory acts.
Performing operations with PDNs can state, federal, municipal bodies and organizations that have such a right to status. All PDNs are divided into such sections:
- Publicly available personal data;
- Special personal data;
- Biometric personal data.
When forming information systems Personal data (dot) It is recommended to be guided by the order of the FSTEC, FSB and the Ministry information technologies and links of the Russian Federation No. 55/86/20 from 13.
02.
Public personal data
Inappropriate use of such information is punishable by law. The law on the protection of personal data takes care not only about the physical, but also on legal entities.
Attention
Little who will like if information about the financial state of affairs or data of employees of the company will be available to each wishes. This would significantly simplify the life of fraudsters, which are not like ordinary citizens, nor law enforcement officers.
What data are considered personal under the law? A clear list of information that belongs to personal, is not given in law. Content:
- Public personal data
- Article 8.
Publicly available personal data
For example, the law does not define exactly whether the phone number is personal data. Roskomnadzor in response to the appeal of citizens explained that only by number it is impossible to accurately identify a person.
By itself, he is not personnel, and in a bundle with the name of the owner and the city of residence refers to PD. Therefore, the inconsonted distribution of SMS messages is not considered a violation of FZ No. 152.
The general PD is contained in the passport, a military ticket, a diploma, personal card of an employee, an employment book, etc. Written permission is not necessary to obtain this data, quite indirect, for example, a tick opposite the relevant item online questionnaire.
The relative simplicity of access often brings problems to the subjects of PD - ordinary citizens: from obsessive advertising until blackmail and fakes of credit applications.
What personal data is considered publicly available
For example, the following:
- need to store backups all database;
- a specialist is needed, which will be engaged in administering the information system;
- the costs of specially designed equipment and software will be required;
- an employee who processes personal data should be extremely visible.
What methods are used to protect effectively personal information employees?
- Make premises in which personal data are processed fully closed to access other employees.
- For any information, employees must receive a special permission.
- Data storage must be clearly organized.
Considering the presence and disadvantages, and the benefits of each of the methods, as a rule, employers combine them.
Article 8. Public Sources of Personal Data
Commercial secret salary will not be due to the fact that it refers to the wage system. But this does not exclude it from the list of PD, for the distribution of which the employee can be dismissed according to the Labor Code.
And if the employee starts to challenge this decision in court, then the employer is obliged to prove that disclosing information refers to the secret, whose information employee undertakes to not report anyone. To content types of personal data types can be classified by:
- Contents laid in them:
- The discharge, which includes a list specified in Art 10: Race, belonging to the nation, religion, health, personal life, political beliefs. At the same time, according to the FZ-152, there are limitations here, namely, access can be carried out only with the written permission of the owner.
Wages are personal data or not?
Important
For information security purposes, publicly available sources of personal data (including reference books, address books) can be created. In publicly available sources of personal data with the written consent of the subject of personal data, its surname, name, patronymic, year and place of birth, address, subscriber number, profession information and other personal data reported by the subject of personal data can be included.
(as amended by Federal Law of July 25, 2011 N 261-FZ) (see Text in the previous edition) 2. Information about the personal data entity must at any time are excluded from publicly available sources of personal data at the request of a personal data entity or by court decision or other authorized state bodies. (as amended by Federal Law of July 25, 2011 N 261-FZ) (see
Content
- Biometric. Characterize physiology.
- Not biometric. Data that do not belong to biometric.
Types of personal data on what types are personal data divided? What applies to them? It is important to understand that all information that is kept in the enterprise with respect to a certain employee can be considered from two different points of view.
- Data on the marital status and family of an employee (individual members), namely: the presence of dependents, the presence of children, their age and quantity, state of health.
- Information about a specific employee, namely: FULL NAME (passport), profession, health condition, as well as any particular circumstances.
The head of the enterprise is obliged to form a regulatory act of a local value, which considers the procedure that determines the storage of personal data.
Personal data are publicly available to them
Responsibility for the disclosure is important to consider that 152 FZ "On Protection of Personal Data" provides for only the administrative responsibility of the enterprise for the disclosure of personal data of the employee. So, if an organization is not able to guarantee the absolute protection of their personal information to employees, it is only a penalty. Moreover, the amount of cash punishment for incorrect storage of personal data is absolutely funny. In general, they fluctuate from five to ten thousand rubles. Of course, it is so if we are talking only about single payments. As a rule, in enterprises where there is such a problem, multiple disorders, and therefore, the amounts of the fine increase significantly. However, cash costs are far from the most important consequence that the use of personal data is incorrect. It hits the company's reputation.
For example, the following:
- availability of additional resources for storage, such as special premises, equipment, safes, and so on;
- labor complexity;
- special skills require paper documentation.
Sometimes personnel departments prefer to store information about one employee separately (in various thematic folders). So, all employment contracts, questionnaires and other documents for all employees immediately are stored separately. They are numbered for a more convenient search. This method is less labor-intensified than the one that was described above, and does not require any special skills from the personnel officer. Nevertheless, it is not devoid of flaws.
Personal data processing notice frame error Operators make notification of PD processing when it was possible to do this. And if you still decided to notify Roskomnadzor, then here are some recommendations:
- Read very carefully from Part 2 of Article 22 of the FZ of the Russian Federation of June 27, 2006.
N 152-FZ "On Personal Data".
- Look at the data that is processed with you. Some cases will require you adjustments with PD carriers.
One of the reasons why it is possible not to notify the processing of PD is indicated in paragraph 2 of Part 2 of Article 22 of the Federal Law and it looks like this: take an example to establish business relationships with the physical person to fulfill the service.
To make it clear that everything is ready and you did not have to just go about a few tens of kilometers, prudent master took your phone number to announce the joyful news.
Personal data of the subject are classified by the volume of personal information about man and the degree of importance. Any operations with them are made strictly within the framework of legal acts and are subject to protection. However, there is a category of publicly available personal data that carry only superficial and impersonal information and person.
From this article you will learn:
- what is publicly available personal data;
- list of publicly available personal data;
- features of working with publicly available personal data.
When creating any database, including a list of all employees of the enterprise, at the initial stage it is necessary to distribute personal data into the category. All personal data of employees are divided into two groups - publicly available and confidential.
The concept and classification of personal data
Personal data (PDN) are different types of information, from the full name, date of birth, family and social status, to registration numbers of documents issued by government agencies and commercial authorities. Personal data operator is a state, federal, commercial structure, a legal or an individual who have the right to perform various activities using personal data.
In labor relations, the owner / subject of personal data is an employee, and the operator employer, personnel and accounting department engaged in the execution of an employee to work and all issues related to personal affairs and legal relationships, accrual of wages, benefits, compensation, etc. PDN subject is necessary for the employer to communicate them with labor relations / agreements (Art. 85, 86 of the Labor Code of the Russian Federation).
Under the processing of personal data, the various operations provided for by the legislation of the Russian Federation are implied. Types of processing of PDNs include collecting, systematization, accumulation, storage, update, use, depletion, destruction, which are manufactured according to the procedures established by regulatory acts. Performing operations with PDNs can state, federal, municipal bodies and organizations that have such a right to status.
All PDNs are divided into such sections:
- Special personal data;
- Biometric personal data.
When forming information systems of personal data (duty), it is recommended to be guided by order of FSTEC, FSB and the Ministry of Information Technologies and Communications of the Russian Federation No. 55/86/20 from 13. 02. 2008 "On approval of the procedure for holding the classification of information systems of personal data". According to this regulatory act, the PDN are distributed in the category:
- Category 1 - Special data that determine the racial and national affiliation, religious and political beliefs, the facts of personal life and health status.
- Category 2 - Data that make it possible to identify the subject and get about it additional information With the exception of factors belonging to the category 1. This section includes FULL NAME, home address, passport data, serial numbers Documents (medical policy, pension certificate, SNILS, INN), information of the labor and medical record.
- Category 3 - Data that allows you to identify the subject (name, surname, date of birth).
- Category 4 - Disconnected or publicly available personal data for which it is impossible to identify the subject.
Public Personal Information: List
The list of publicly available personal data can be attributed to such factors that do not carry the information to identify the personality person on the database. The displaced data include:
- Name, name and patronymic;
- Nickname / login subject on the Internet;
- Email address (without binding to FULL NAME);
- Position, place of work (without personal data).
The public data includes the subject of the subject that can be obtained in open sources of information, for example, in the telephone directory or address book. In such public bases, the data is made with the written consent of the subject.
Publicly available personal data: features
The peculiarity of publicly available personal data is that they can be placed in open sources of information. That is, if the contact details of officials are indicated in the contact details directory, such as studying and hiring personnel, then such data is considered publicly available. When the names and names of the editorial reports are indicated in the print edition, this information also applies to publicly available.
To the peculiarities of publicly available data, which allows them to be classified correctly, such a factor can be attributed - the first three categories are needed to submit a subject to AHD, and the fourth category remains outside the requirements of information systems. If only the name and place of work are known about a person from all data, such information is publicly available.
When systematizing data, more accurate information will be required, which can be obtained only with the written consent of the subject for the processing of personal data. At the same time, the operator assumes the obligation to protect and comply with the legislatively established rules for processing and storing personal data.