Maintenance Of Employee Personal Data
Excessive personal data processing is one of the most common claims that the Federal Communications, Information Technology and Mass Communication Supervision Service (Rocommandor) is making when conducting personal data protection checks.
In November 2013, the Arbitration Court of the Rostov Region considered Case No. A53, in which the Roskundsor Office of the Rostov Region filed claims with the METRO Cash and Kerry branch office, where it found copies of passports and military tickets and photographs in personnel cases.
The essence of the dispute
In April 2013, the Roswandsor ' s Office of Rostov oblast conducted a routine field audit of the METRO Cash and Kerry branch of the Society in Rostov-na-Donu. The audit found that society violated mandatory personal data processing requirements: processing personal data redundant to the stated processing objectives.
In the personal affairs of the public, documents containing personal data in excess of the personal data of the employees established by article 86, paragraph 2, of the Labour Code of the Russian Federation were kept. Illegally processed personal data are copies of the passport pages, copies of the pages of the military ticket.
An order was issued to the community indicating the time limit for the removal of the alleged violation. Without accepting the order, society has applied to the Rostov Arbitration Court.
Position of the Arbitration Court of Rostov
The Court noted that in the current legislation of the Russian Federation the volume and content of the processed employee personal data A number of legal instruments have been defined. The Labour Code of the Russian Federation is the main instrument.
Under the established law, military records clearly establish the volume and content of personal data processed and there is no provision for the receipt and storage of copies of documents, such as copies of military tickets.
