Maintenance Of Employee ' S Personal Data
What documents should individual entrepreneur be developed to protect staff personal data?
What is the personal data provision?
Do each staff member have to obtain a data processing consent?
The information on the physical person that the businessman receives when hiring a staff member is personal, which means that the entrepreneur must comply with the requirements of the Federal Personal Data Act No. 152-FZ of 27 July 2006 (hereinafter Law No. 152-FZ), and also remember the Labour Code, which also provides for the protection of personal data of the staff member.
Personal data within the FF TC
The information required by the employer in connection with labour relations and the worker concerned is personal data. The receipt, storage, combination, transmission or any other use of personal data is referred to as processing the personal data of the worker (art. 85 of the Russian Federation TC).
All personal data of the employee should be obtained from him. If information is available only from a third party, the staff member should be notified in advance and written consent should be obtained. The employer shall inform the employee of the purpose, intended sources and means of obtaining personal data, and the nature of the personal data to be obtained and the consequences of the employee ' s refusal to give written consent (art. 86, para. 3).
The employee ' s personal data are contained in various documents (table). The purpose of the trader is to protect the employee ' s personal data from misuse or loss (art. 86, para. 7). Furthermore, the requirements of Act No. 152-FZ, which also regulates the storage and processing of personal data, cannot be forgotten. No special systems or safes are required for the merchant to purchase. The Labour Code provides the employer with freedom: " Order storage and use of personal Employees are established by the employer in accordance with the requirements of this Code and other federal laws (art. 87 of the Russian Federation). Rules for the storage and protection of personal data should be documented.
Table 1
Documents containing personal employee data
No. p/ | Type of document | Personnel |
Anketa, other document filled by candidate for interview | Curricula vitae | |
Copies of passport or other identity document | FO, date of birth. Register address, family status | |
Labour Book | Information on work experience, previous duty stations | |
Copies of State Pension Insurance Certificate | FIO, personal data |
