Storage Of Personal Data Documents
During the course of the work, the personnel service of the enterprise is accumulating a mass of documents for each employee containing personal data from staff members. These may be orders, copies of personal documents, service notes, personal cards, etc., i.e. information required by the employer in connection with the contractual relationship with specific workers. In this case, the employer is the operator and the employee is the subject of personal data (art. 3 No. 152-FZ).
With the end of the labour relationship, it is considered that the employer (operator) has achieved the purpose of processing personal data, and according to article 21, paragraph 4, of the FS, the duty is to stop processing personal data and to destroy personal data within a period not exceeding 30 days from the date when the personal data processing is achieved.
Similarly, according to article 14, paragraph 1, of article 152-FZ, a former employee (personal data) is entitled to require the operator(former employer) to block or destroy personal data ...
Thus, if a former employee, for whatever reason, is interested in destroying his personal data left by his former employer, he must write at the place of former work to require the destruction of personal data documents.
However, staff members of the human resources services, referring to paragraph 2 of article 1, paragraph 2, of article No. 152-FZ and to the " erased management documents of the organizations " , claim that personnel documents containing personal data are deposited in the archives and stored there for 75 years. This allegation is not true. ♪ ♪
" Replies to standard management documents from the organizations ' activities, indicating time frame" Consistent with the Russian Federation ' s Laws on the Russian Federation Archives Fund and Archives " of 7 July 1993, the Regulations on the Russian Federation Archive Fund, approved by Presidential Decree No. 552, of 17 March 1994, and taking into account the provisions of other legal acts of the Russian Federation and the constituent entities of the Russian Federation, modern regulatory documents and methodological manuals on the evaluation of the value of documents and the collection of archives. In the light of the adoption of the Federal Act No. 152-FZ of the Russian Federation Archives Act, the Russian Federation ' s framework of legislation on the RF Archives Fund has ceased to exist.
