Personal data of civil servants
Civil servants and officials are subjects of the personal data (PD). This is confidential information that must be transferred to third parties without violations of the law, in compliance with the relevant norms of the Labor Code of the Russian Federation. This is stated in article 88 of this standard. The employer is the operator of personal data and must unquestioningly adhere to the requirements of legal regulations regarding the collection, processing and performance of other actions with the personal information of a civil servant.
Norms of legislation on the protection of personal information
In labor law, the definition of the protection of personal data of each employee, including those in the civil service, appeared not so long ago - with the adoption of the new Labor Code of the Russian Federation, which began to operate on 02/01/2002. The need to protect the personal information of civil servants was caused by many reasons, one of which is the requirements of treaties of an international legal nature.
In the Universal Declaration, designed to regulate the fundamental rights and freedoms of citizens, in force since December 10, 1948, article 12 provides for the requirement: no one should be the object of interference in his family, personal life, subject to illegal encroachments on the honor of a citizen and his reputation. Also, each PD subject has the right to be protected from such interference.
The Convention "On the Protection of Human Rights ..." in the first paragraph indicates the right of every citizen to respect for his family relations, religion, private life, to protect his correspondence, housing. This also applies to civil servants. This important principle is confirmed by paragraph 1 of Art. 9 of the above Convention, signed on May 26, 1995 by the Commonwealth of Independent States.
Article 85 of the Labor Code of the Russian Federation defines the concept of personal data of a subject, their processing. The personal data of any person, also of a civil servant, is, first of all, information concerning a specific citizen directly. These data are needed by the employer to implement the requirements of the Labor Code of the Russian Federation when concluding an employment contract and during the performance of work duties by each employee hired for the civil service.
Of all the information related to a specific civil servant, only those of the data that are necessary for the implementation of the employment relationship are personal.
Article 65 of the Labor Code of Russia defines PD as:
- personal information of a subject in the civil service;
- information on seniority in government positions;
- information about existing education, availability of special skills and knowledge, qualification level;
- information about the actual state of health;
- personal information;
- data on stay in the military register.
In addition to the listed personal information, other personal information is often required, which is recorded in the personal files of each civil servant.
These include data on:
- professional growth;
- moving up the career ladder;
- translations made in the civil service;
- passing refresher courses;
- professional training;
- retraining;
- obtaining a new specialty or qualification;
- the results of certification;
- participation in competitions and other data directly related to the civil servant.
This information may be confidential.
In the Labor Code of the Russian Federation, in part 6 of article 89, it is provided that the personal information of a civil servant is divided into two types:
1. Facts that are not subject to subjective assessment. For example, it may be the specialty of a civil servant, received by him after graduating from a certain educational institution.
2. Information of an evaluative nature, contained, in particular, in the characteristics, certification results, and other documents.
What information relates to the personal data of a civil servant
Information that can be attributed to personal in relation to public civil servants can be determined based on the provisions of the Federal Law "On Information, Informatization, Protection of Information", in force from 20.02.95.
Article 2 of this document allows us to refer to the personal data of a civil servant:
- information in a documented form, for example, orders to provide compensation, guarantees, transfer to another job;
- information about citizens, provided, for example, by an employee to his employer during employment and in the process of performing his job duties.
In accordance with Article 88 of the Labor Code of the Russian Federation, such information is classified as confidential.
The concept of PD processing
- creation of a database of information resources as a result of receiving, storing, documenting information about a specific employee in the manner specified in Article 86 of the Labor Code of the Russian Federation;
- the use of specific documents, other information that is part of the personal data of a civil servant, stored by the employer in compliance with the established procedure;
- transfer to other persons in compliance with the requirements set forth in Article 88 of the Labor Code of the Russian Federation, in any other way, if such actions do not contradict the requirements of current legislative documents;
- providing the employee with access to his personal data in accordance with the requirements of Article 86 of the Labor Code of the Russian Federation.
Requirements for the protection of personal information of a civil servant
- The process of processing the personal data of a civil servant can be implemented only to ensure compliance with the requirements of legislation and other regulations in this area; assistance in his employment, training; promotions; ensuring personal safety; performing actions to control quantitative and qualitative indicators in accordance with the official duties performed by the civil servant; taking measures for the safety of property.
- The requirements of the Constitution of the Russian Federation, the Labor Code, and other federal laws must be unquestioningly fulfilled by the employer when determining the volume and content of the personal data of a civil civil servant to be processed.
- All PD of a civil servant is allowed to receive directly only from him. If it is impossible to fulfill this requirement for any reason, it is possible to obtain this information from third parties. In this case, it is imperative to notify the civil servant in advance and obtain written permission from him for these actions.
- The employer is obliged to inform the civil servant about the pursued goals, sources, methods used to obtain PD. You also need to notify the PD subject about the nature of the personal information received and the consequences that await the employee in case of refusal to provide written consent to provide such information.
- The owner is entitled to receive PD and process them if such information relates to the employee's religion, political, and other beliefs, and also relates to his personal life. In cases related to the implementation of labor relations, the owner of the enterprise can receive and process the employee's personal data relating to his personal life, only if he has his permission in writing.
- The employer is not entitled to receive, process the personal data of a civil servant on his participation in the activities of public, trade union organizations, associations. The exceptions are cases regulated by law.
- When making decisions concerning the interests of a civil servant, the employer cannot be guided by his personal data, if they are obtained during their automated processing or using electronic means of communication.
- The protection of personal data of civil servants from illegal use, loss is provided by the employer at his expense in the legal manner provided for by federal laws.
- Civil servants, persons representing them, are obliged to familiarize themselves with the company's documentation describing the procedure for processing personal data, establishing the rights and obligations of each employee in this direction, against receipt.
- Civil servants are not recommended to give up their rights, which are granted to them by law, to preserve and protect their personal secrets.
- The owner and civil servants are obliged to determine the means and measures to protect personal data together.
Currently, a clear procedure that would regulate the process of PD processing is not legally established.
Conditions for transferring personal data to third parties
- transfer of personal data to third parties is allowed only with the written permission of the employee. An exception is considered cases in which it is required to prevent a threat to the life and health of the subject of personal information, and when this is provided for by federal legislation;
- if there is no written permission from a civil servant to provide his personal information for commercial purposes;
- warn third parties who receive the personal data of a civil servant about the possibility of using this information only for the stated purposes. It is also necessary to require such persons to provide evidence of compliance with this requirement. Persons who have received the personal data of a civil servant must comply with the requirements of the confidentiality regime. This provision does not apply to the exchange of personal data of a civil servant in the manner prescribed by federal law;
- transfer the personal data of an employee within one company, guided by the local regulatory document of the company, familiarization of the civil servant with which must be carried out on a mandatory basis;
- allow the use of the employee's personal data only to persons authorized to perform these operations. These employees should exercise the right to receive only those personal information that is necessary for the implementation of specific functions;
- do not require data on the health status of an employee. An exception is information related to the establishment of the possibility of a civil servant performing his official functions;
- You can transfer the employee's PD to other employees in compliance with the procedure provided for by the Labor Code of the Russian Federation. Such data should be limited only to the information necessary for these team members to perform their work functions.
The rights of a civil servant to protect personal data
- obtaining complete information on their own personal data and the methods used for their processing;
- unpaid and unimpeded access to personal information, obtaining copies made on the basis of information that contains the subject's personal information. An exception to this requirement is considered cases specified by law;
- selection of representatives to protect personal information;
- the ability to access personal data of a medical nature using the services of a medical professional at its discretion;
- the ability to demand the exclusion or correction of incorrect, incorrect, incomplete personal information, data processed in violation of labor legislation.
If the owner of the enterprise refuses to exclude, make changes to the personal data of a civil servant, he can submit an application in writing to the employer that he does not agree with such actions, and justify such disagreement. A civil servant can supplement personal information of an evaluative nature with an appropriate statement in which his point of view will be expressed.
The civil servant may require the employer to notify all persons who have previously received incorrect or incomplete personal information about the subject, as well as about all the exceptions, additions, corrections made to them.
The PD subject also has the right to apply to the court with a complaint about the illegal actions or inaction on the part of the employer during the processing of his personal information, demanding the protection of his personal information.
Labor legislation also contains requirements for the application of certain measures of responsibility for violation by the employer and his representatives of the norms that ensure the regulation of the processing and protection of personal data. But this norm (Article 90 of the Labor Code of the Russian Federation) has a blanket (reference) character and is not a subject for separate consideration.
11.12.2020
