Every company or individual businessperson deal with personal data of their employees and clients. On July 1 and 29, 2017 the amendments were made into Federal law No. 152 "On personal data" dated 27.07.2006. By this law the wider administrative responsibility for braches in this sphere was introduced.
One administrative offense clause was replaced by seven new ones.
Earlier in the article 13.11 of the Administrative Offenses Code only the liability for violation of the procedure of collection, storage, use, or dissemination of information about citizens was mentioned. The penalties imposed for committing those breaches did not exceed 500 rubles for individuals and 10 000 rubles for legal entities.
Recently, the article 13.11 of the Administrative Offenses Code introduced new administrative violations and the fines increased in 5-6 times. Moreover, until July 1, 2017 the right to bring proceedings in administrative cases related to personal data had solely the Prosecutor. From July 1, 2017 participation of the Prosecutor is not mandatory and officials of Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roscomnadzor) will be entitled to bring proceedings. Therefore, the procedure of prosecution for cases of personal data becomes easier.
The one should note that any entity dealing with personal data is required to:
- obtain written consent for the collection, processing and storage of personal data;
- store and ensure security of personal data;
- ensure the storage of personal data of Russian citizens on the territory of Russia;
- develop and have internal documents on storage and processing of personal data;
- in case the company plans or processes personal data, the information about it must be included in the register of personal data operators maintained by Federal Service for Supervision of Communications, Information Technology, and Mass Media.
Legal Department of TEAM recently completed the procedure of incorporating a nonprofit organization based on membership in the registry of personal data operators. The main method of joining the organization is an electronic form filled out on the company's website. Now when you register all personal data will be protected and stored properly, and a client of TEAM avoid the risk of being brought to administrative responsibility.
Ilya Trofimov, Deputy Director, Head of legal of TEAM:
Almost every company in Russia is somehow engaged in the processing of personal data. Technically, according to the law, any form of feedback on the company's website implies submission of personal data to the organization, which automatically makes the company a personal data operator. Therefore, we highly recommend complying with the mandatory registration procedure, especially when the fines have increased in several times. It is also preferable for each company to have a separate document governing the handling of personal data. Having a quality regulation and correctly following it, you can be sure in observance of all norms and rules.
Legal department of TEAM is ready to provide the services on preparation of documentation related to the protection of personal data and, if necessary, to carry out the necessary registration steps.