Any information and information about an individual is his personal data. This includes a lot, for example, passport data, age, address of registration and residence, information about the marital status and place of work.
In the activities of each organization, the employer is forced to disclose personal data of the employee in the process of performing his labor functions. The federal legislation of the Russian Federation allows the lawfulness of the communication of information for the implementation of normal activities of institutions and raises it to the acceptable limits, while the employer must take care of protecting information from unauthorized access to the organization.
Consent to the processing of personal data:
FZ "On Personal Data" No. 152-FZ was adopted on July 27, 2006, the last changes and additions to the document were made on September 1, 2015.According to this document, personal data can be processed, stored and transferred to third parties only with the consent of their carrier.
At the same time, the law does not obligatorily keep this information secret in all cases, dividing all personal data into three categories:
- Special ( nationality and religion, relationship with the law, information on the state of health and, in part, information about the work).
- Biometric ( data concerning appearance and physiology).
- Publicly accessible basic personal data( name, date of birth, gender and other passport data).
In order to process information of the third category( public), the consent of the media is not required. Similarly, it is not required for the processing, storage and transfer of data of the first two categories( special and biometric) in such exceptional cases as the identification of a person in the absence of documents from him, and also during any operational search.
According to the Law 152-FZ in any organization, an internal document must be approved, which specifies what to attribute to personal data, in which cases they can be transferred and disclosed. Each employee entering the work in the organization must be familiar with this document and give their consent to processing the data for personal signature.
All employees must understand that such conditions for the protection of personal data are necessary for the functioning of the organization in which they work. This is not done for any future illegal actions against employees. Just such a norm. The term "processing of personal data" hides the simple use of personal data( third category) for the purpose of issuing:
- salary card or employee account;
- power of attorney for the provision of the interests of the company or for obtaining material values;
- outgoing emails of different character.
At the same time, the Law 152-FZ obliges the employer to restrict access to this data, appointing him responsible for storing and processing this information to persons. In the competence of this kind of staff should also be filling out the appropriate forms, which are a formal permission of the employee to use the information. This document must be compiled with every use of the data and is valid for the duration specified in it.
Consent Form: how to fill out
The consent form for the processing of personal data can be made according to the model, but if necessary, it is permissible to make amendments and changes in the design. In the upper right part of the form is written.and the position of the person in whose name the document is drawn up, as well as the name of the organization.
Further the heading "the Consent to processing of my personal data", after which the passport data of the employee is specified and the requisites of the organization to which the permission is given are written. A reference to federal law No. 152-FZ is mandatory.
After that, the goals are listed in which the organization intends to use personal data, as well as the information itself( this can be both personal data and specific information regarding the scope of the employee's activities).
In some cases, personal data may be provided to several different institutions, in which case it is not necessary to list them in one document: for each individual form is drawn up.
The end of the document indicates the period during which the document is considered valid, as well as a reference to the fact that the employee has the right to withdraw his permission. After that, the employee's post, his full name, signature and date of the form are entered.
Sometimes, there are cases provided by law( for example - on request from government bodies), the employer has the right to do without the preparation of such a document. If the employee believes that the information about him has been transferred to third parties illegally, he has the right to file a complaint with Roskomnadzor. If the illegal transfer of personal information is confirmed - the employer can wait for punishment( both in the form of a fine, and in the form of imprisonment).
Consent to the processing of personal data: form 2017 and for 2018
- Download application form - option number 1, in Word format.
- Download the consent form - option # 2 in Word format.
- Consent to the processing of personal data sample download in Word format.
How to arrange the consent of the employee for the processing of personal data
From the video channel "Cadre Case".