Information law. State regulation of work with personal data (the most important)

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Information law. State regulation of work with personal data (the most important)

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57. STATE REGULATION OF WORK WITH PERSONAL DATA

Forms of state regulation of work with personal data The state regulates the work with personal data in the following forms:

▪ Licensing of work with personal data;

▪ accounting and registration of personal data arrays and their holders (owners);

▪ certification of information systems and information technologies intended for processing personal data;

▪ conclusion of interstate agreements and agreements between federal government bodies, government bodies of the constituent entities of the Federation, local governments with foreign organizations on the cross-border transfer of personal data.

Licensing of work with personal data

1. A license to work with personal data is issued in accordance with the procedure established by the legislation of the Russian Federation.

The license specifies: the purposes of collecting and using personal data, the modes and terms of their storage; categories or groups of personal data subjects; list of personal data; sources of personal data collection; the procedure for informing subjects about the collection and possible transfer of their personal data; measures to ensure the safety and confidentiality of personal data; the person directly responsible for handling personal data; requirements for the availability of certificates for information systems, information technologies intended for the processing of personal data, means of protecting information systems, information technologies and personal data.

2. Information products containing personal data, as well as information provided to the subject of personal data, must contain an indication (link) to the license issued.

The Commissioner for the Rights of Personal Data Subjects stores information about the holders (owners) of personal data arrays who have received a license,

License revocation

The license is subject to revocation by the authorized body that issued the license in the following cases:

▪ violation of license terms;

▪ submission by the holder (possessor) of an array of personal data of an application to terminate the licensed activity;

▪ liquidation and reorganization in accordance with the procedure established by current legislation of a legal entity - the holder of an array of personal data;

▪ on the recommendation of the certification body for information systems, information technologies intended for processing personal data; By the tribunal's decision.

Registration of arrays and holders (owners) of personal data

Arrays of personal data and holders (owners) of these arrays are subject to mandatory registration with the authorized state authority for personal data. Upon registration, the following is recorded:

▪ name of the personal data array;

▪ name and details of the holder (owner) of the personal data array who works with the personal data array (address, form of ownership, subordination, telephone, surname, first name, patronymic of the manager, email, fax, server address in the telecommunications network);

▪ purposes and methods of collecting and using personal data, modes and periods of their storage;

▪ list of personal data collected; categories or groups of personal data subjects.

Author: Yakubenko N.O.

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