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Legal briefing notes

Services of a lawyer on the protection of personal data

The specific features of working of all business structures involve the receiving and storage of large amounts of personal data from employees and contractors to customers and partners. That is why the protection of the personal data of natural as well as legal entities is an extremely important set of measures that ensure confidentiality.

The whole process and any aspects regarding this area of ​​legislation are regulated by the Federal Law “On Personal Data”. The main objective of this law is to ensure the full protection of the rights and freedoms of a person in the processing of his personal data.

You can see all the processes associated with this in Articles 5, 6 of the relevant law.

Any legal entity interacts with vast amounts of information. They include both internal corporate documents and personal data of employees, contractors, customers, suppliers and any other persons who interact with the company somehow and provide any information about themselves. This creates a need for documentation development on personal data and lawyers with the appropriate specialization.

Personal data storage violations

All of the operations which violate the privacy of personal data shall be punishable according to the scale of the damage caused. This may result in a broad range of actions, from administrative to criminal liability. A detailed list of grounds for prosecution is presented in article 13.11 of the Administrative Violations Code of the Russian Federation.

The most widespread violations:

  • Processing of personal data that is incompatible with the purposes of collecting information;
  • Processing without the subject's consent;
  • Processing in cases that are not provided for in legislation.

The violations above may result in a fine of up to 75 thousand rubles for a legal entity and there is a risk of criminal prosecution.

Criminal liability

The collection of data about the life of a person, relating to personal privacy or family secret, without his consent, is a criminal offence (Article 137 of the Criminal Code of the Russian Federation). This violation also includes the dissemination of this information using various sources (public performances, media, Internet, etc.)

If the illegal collection and/or dissemination of personal information are contributed by the official position there should be punishment may be deprivation of liberty for up to 4 years.

Personal data: The drafting of documents by a lawyer

To accurately comply with the nuances of legislation on personal data, you should know all the details of the work of supervisory authorities and consider not only their recommendations but also the rapidly developing judicial practice.

Because, even a small violation in the area of personal data legislation may lead to prosecution and the obligation to pay fines, so the involvement of experienced specialists is a necessary price to pay in the current situation.

The procedure of accompaniment of the inspection by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications

The procedure for accompanying the inspection and protection of rights in court can be represented as follows:
First of all, it is the acquaintance with the subject of the inspection. We check its legality, grounds, program and we track that only those persons who are specified in the order for its conduct are allowed for the inspection.

We provide the documents that are requested by the supervising authority and accompany the inspectors in case of an on-site inspection, and report on violations by the side of Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications.

We achieve that in the inspection certificate there are not any comments on your company. If the comments are made, we prepare objections to the inspection certificate within 15 days.

In case of grave violations during the inspection, we acknowledge the results as invalid in administrative detention.
Several reasons may be lack of grounds for inspection, the failure to meet deadlines, submission of illegal claims. In case of refusal to appeal the results of the inspection in administrative proceedings, we apply to the court and acknowledge the decision on administrative prosecution as invalid.

Legal assistance in case of violations of the legislation on personal data

The advantages of working with the lawyers of the Tsentralny Okrug Law Firm:

  • Consultations of specialists and free rapid assessment of the specifics of the business and the situation of the client;
  • Full accompaniment for the preparation of a personal data processing policy, inspection procedures by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications, litigation;
  • Money-back guarantee in case of the results will not be achieved;
  • Efficient and responsible case management (29 completed projects during the last year).

Due to our vast experience in the area of compliance by organizations with personal data legislation, we will quickly and accurately accompany the preparation of the required documents and inspections of supervisory authorities as well as protect interests in court.

For more information about the service for the protection of personal data and to ask questions, you can leave an application for a consultation on our website. Our specialists will get in touch with you as soon as possible.

Author is Dmitry Biryukov

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