What personal data is publicly available
Individuals provide personal information to various authorities every day. Personal data operators are responsible for the processing of information. These are banks, employers, medical organizations, Internet sites and other structures. Operators are required by law to protect personal information. To create sources that contain publicly available personal data (PD).
What are publicly available PD?
The public includes information about a person that he or she independently provides to the authorities. In order to open free access to information, written permission of the person - the subject of personal data is required. A subject is a natural person whose personal data is collected, stored and processed by the operator. An operator is a legal or natural person, a municipal or state authority.
Publicly available PD includes information about the subject, by which it can be identified:
- FULL NAME;
- Date and place of birth;
- home address;
- phone number;
- profession;
- individual tax number;
- place of work or study and other information.
The public data can include any information that is not confidential from the point of view of the law. The personal data of a subject can be classified according to the volume and degree of importance of personal information.
Publicly available data also includes personal information that is provided:
- upon employment, concluding a contract or employment contract;
- during the census;
- when registering contractual relations during trading operations and other similar situations.
The personal data of the subject, which are disseminated through the media, are not classified as confidential, since they are publicly available in accordance with the "List of confidential information".
The written consent of the subject for the receipt, transfer, processing and other actions with PD is not always required. In some cases, for example, when participating in a survey or subscribing to a newsletter, it is enough to tick the box that allows the use of PD.
Generic data can be placed in sources that are publicly available. This means that sources are viewed and used by a huge number of stakeholders. An example of such a source is telephone directories.
Processing of publicly available data
The processing of publicly available data is carried out by departments and divisions whose responsibilities include collecting, organizing, storing, changing, using and destroying PD. Individuals have the right to request information about the data operator and find out what purpose the operator pursues during the processing of PD.
Roskomnadzor is responsible for monitoring compliance with laws during processing. The FSB and FSTEC have certain auditing and controlling powers. Operators create personal data protection systems for their own needs, therefore, in this regard, to license such activities.
PD is processed by organizations that need to collect, accumulate, process and store information about employees, suppliers and customers in order to carry out their activities. In certain cases, such data is included in the open.
Rights of Public Data Subjects
Subjects of PD can submit an application with a request to block, destroy, clarify or change publicly available data if the information is no longer up-to-date, incomplete or not required for processing purposes. Subjects have the right to also request access to their PD and find out what means the operator uses to process them.
Information must be used in accordance with legal requirements and must be protected whether it is confidential or publicly available. Operators are responsible for ensuring full protection of the subject's personal data and restricting access to data by unauthorized persons.
The operator begins to process personal data only after receiving the subject's written permission for processing. The consent includes information about an individual and the operator's data: company name, surname, name and patronymic of the operator, position. Also, the consent is required to indicate the purpose of processing and a list of data with a description of the operations that will be performed with the information. An individual has the right to revoke his PD and revoke his consent to processing.
In case of incapacity or death of the subject, consent to the processing and use of PD is requested from the heirs or legal representatives. In this case, one must be guided by the Federal Law on Personal Data.
In case of violation of the requirements of the law, the perpetrators bear administrative, criminal and other types of responsibility. It does not matter whether PD is confidential or publicly available, in accordance with Article 8 of the Federal Law-152 on personal data, publicly available PD can be placed in publicly available sources only with the consent of the data subject. Personal data should be excluded from sources if required by the subject or authorized bodies: Roskomnadzor, court or other government agencies.
14.12.2020
