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HR Conference, American Chamber of Commerce October 13, 2006, Le Meridien Moscow Country Club. EMPLOYEE PERSONAL DATA PROTECTION IN THE NEW LAW WHAT’S NEW TO WATCH OUT FOR?. Ksenofontov Alexander Senior Lawyer, Labor Practice Department, Corporate Services Division Norman DL Associates
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HR Conference, American Chamber of Commerce October 13, 2006, Le Meridien Moscow Country Club EMPLOYEE PERSONAL DATA PROTECTION IN THE NEW LAW WHAT’S NEW TO WATCH OUT FOR? Ksenofontov Alexander Senior Lawyer, Labor Practice Department, Corporate Services Division Norman DL Associates Moscow, Russia
GENERAL INFO Federal Law “On personal data” #152-FZ dated July 27, 2006, takes effect January 26, 2007 • protection of personal privacy & family secrecy Main purposes: • establishment of requirements for personal data processing • personal data protection
MAIN DEFINITIONS TERMS PERSONAL DATA OPERATOR (new) • any information associated with a person and that allows to identify him/her, including full name, date and place of birth, residence address, information about marital, social, property and official status as well as education, profession, income, etc. • entity that arranges & performs personal data processing, and which defines purposes and concept of personal data processing definitions of processing, distribution, use, blocking, erasure, and depersonalization of personal data are introduced
PRINCIPLES OF PERSONAL DATA PROCESSING • legitimate purposes and methods of processing • purposes of processing must correspond to the authority of the operator • amount and nature of personal data & method of data processing must correspond to purposes of processing • personal data must be authentic and sufficient for purposes of processing • personal data processing excessive in relation to specific purposes of processing is prohibited • integration of personal databases created for incompatible purposes is prohibited
PURPOSES OF PERSONAL DATA PROCESSING • ensuring compliance with the law • employment assistance • education and career assistance • employees’ personal security protection • quantity and quality control of job performed • property safety
BASIC RULES FOR PERSONAL DATA PROCESSING 1. Consent of bearer for personal data processing 2. Securing confidentiality of personal data
PUBLIC PERSONAL DATA • full name • date & place of birth • address • phone number • profession • other personal data provided by bearer
SPECIAL CATEGORIES OF PERSONAL DATA • racial & national identity • political, religious & philosophical views • state of health • intimacy These categories are prohibited for processing Above categories are allowed to be processed only upon the consent of bearer or in cases stipulated by Law
CONTROL AND SUPERVISION • Federal Communications Supervision Service • Federal Security Service
CONTACT INFORMATION bld.1, 27, Sr.Pereyaslavskaya, Moscow, 129110 Tel.:+7495.961.3237 Fax:+7495.627.3850 E-mail: legal@norman.ru