Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

Why is it dangerous to sign an agreement on the use and processing of personal data in Russia?

Recently, we are increasingly offered to put our signature under the phrase “On consent to the use and processing of personal data”: in any social and financial institutions, public utilities, when applying for a job. Require our "voluntary consent" today in universities, schools, kindergartens, clinics and even libraries! Shops, hotel and restaurant complexes are not lagging behind - in order to receive a discount card, you must fill out and sign a questionnaire, where your consent to the processing of personal data is indicated in small print below. What is it necessary for: with the goal of innocuous accounting or for turning a person into a powerless application to the world electronic system? Let's figure it out.

What are the personal data of a person and who needs it?

So, the concept of “personal data of a person” includes not only his first name, patronymic, last name and address of registration, as we used to understand. This is completely all information that directly or indirectly concerns a specific individual: biometric data, information about the state of health and physiological characteristics, nationality, religion, family composition, criminal record, information about the sphere of employment, financial income, and so on.

In 2005, Russia approved the Council of Europe Convention on the Protection of Individuals with Automatic Processing of Personal Data. After that, the Federal Law (FZ-No. 152) “On Personal Data” was adopted, the main provisions of which are repeated by the above-mentioned international act. Most people think that the law provides for the protection of a person’s personal data. But is it really?

the federal law

The document is particularly alarming for such a thing as “automatic data processing”, which provides for the accumulation and storage of personal data, as well as their transfer to third parties and use for various purposes. The right to perform these actions belongs to the so-called operator, in the role of which can be legal or natural persons, government agencies, commercial organizations.

But our main operator is the commercial structure of OJSC Universal Electronic Card. It is she who has the right to determine the composition of personal data, the purpose of their processing and to perform any actions on them.

What is behind the concepts of "use" and "processing" of personal data?

It would seem, why should hospitals, educational institutions, ZhEKs, employers need to provide such complete information about themselves, their families, their financial situation, if only recently there was no such need? Such strict collection of all personal data began with the adoption of Federal Law No. 210 “On the organization of state and municipal services”, after which the previously adopted Law “On Personal Data” earned everything.

Who needs it? Of course, not social and commercial structures - they are only a tool for collecting information. All data will be recorded directly from the main operator - UEK OJSC, which plans to soon provide all citizens with electronic documents and launch an active thorough processing of each person.

Human biometric data

And what is meant by the word "treatment" and "use"? Citizens understand this concept as a banal collection and storage of information. And what does a person really agree on?

In paragraph 3 of Part 1 of Art. 3 FZ № 152 is indicated as follows:

“Processing” includes any action (operation) or a set of actions (operations) performed using automation means or without using such means with personal data, including collection, recording, systematization, accumulation, storage, refinement (updating, changing), retrieval, use, transfer (distribution, provision, access), DETECTION, BLOCKING, DELETING, DESTRUCTION OF PERSONAL DATA. ”

Thus, people voluntarily transfer into other hands permission to control their personal lives. Now the main operator, having provided you with an electronic biometric document in the future, will have all the complete information regarding your health, relatives, social payments, transactions, taxes, shopping and even travel! And, if you, as the holder of a universal electronic card, will not agree with some actions of the operator,then it can simply block or completely destroy all your data, as the full owner of your personal information. After all, you agreed in advance on the possibility of applying such measures to yourself!

How does it work today?

The active process of processing personal data is only beginning to be introduced into our daily life, but some citizens have already managed to feel the consequences of such legal actions.

Monitor and key

Thus, some educational institutions in the country require mandatory consent to the processing of personal data. According to students' comments, if they refuse to give their consent, they simply will not be allowed to take exams and will not be given diplomas.

The same is true of a part of state medical institutions, where a citizen is obliged to provide the hospital with not only health information and a medical policy number, but also the insurance number of an individual personal account in the Pension Fund (SNILS), the main key for access to information databases of UEC. In the form “Patient consent for the processing of personal data” there is a note that in case of refusal of consent, the clinic has the right to refuse medical services to the patient.

The same applies to any other state and commercial institutions that require their clients to consent to the processing and use of personal information, arguing that the need for accounting, personnel or military records. How to behave in such situations - read on.

What if the employer insists on signing up to allow your personal information to be used and is he entitled to it?

According to the law, any actions relating to personal information of an employee can be carried out only with his consent in writing. The employer is obliged to inform the prospective employee of the list, for what purpose and in what order the information provided to them will be stored and used, as well as the possibility to refuse or write a review of his consent to the processing of personal data in the future.

Labor Code of the Russian Federation

According to Art. 5.27 and art. 5.39 of the Administrative Code of Russia provides for administrative responsibility for violation of the rules for storing and processing personal data of employees. In case of violation of the law, the company management is obliged to compensate the material damage to the employee for the unlawful use of his personal information.

If you unknowingly once signed the permission to use your personal data, now know that you have the right to withdraw it. Feedback can be made in a free form, but with the obligatory reference to applicable laws. We offer a sample of such a statement:

General Director ___________
From ________________
Registered at:
___________________________
Passport information: ________

Withdrawal of consent
on the processing of personal data

I, name, in accordance with Part 1 of Art. 9 of the Federal Law of July 27, 2006. No. 152-ФЗ “On Personal Data” I withdraw from _________ Limited Liability Company the consent to the processing of my personal data.
Please stop processing my personal data within thirty working days from the date of receipt of this review.

Date. Signature.

Some lawyers believe that a response to the processing of personal data does not solve anything, because by the time of writing all the information about a person is already in the necessary electronic databases for further use. But, at least, you do your duty from the position of an Orthodox Christian, and, perhaps, slow down the process of further updating your personal data.

How to legally refuse to collect personal data in kindergartens and schools?

Recently, parents have beaten a lot of anxiety, because the administration of pre-school and general education institutions in fact forces them to sign an agreement to process and use personal information about the child and his family members. It turns out that you must voluntarily give up the right to the inviolability of your private and family life? After all, automatic processing of personal data provides for the transfer of the collected information to third parties without restriction.

Baby in the monitor

Remember that giving or not giving your consent is your right, not an obligation. Below we give an example of a declaration of refusal to provide personal information about a child for further processing:

To school / kindergarten administration No.
from__________________________________

STATEMENT

I, ____________________________________, being the legal representative of my child _________________________________, declare my categorical refusal to provide certain information about the privacy of my child or my family in accordance with paragraph 1 of Article 23 of the Constitution of the Russian Federation (“Everyone has the right to privacy, personal family secret, protection of their honor and good name ").
I also prohibit the use of any psychological tests and surveys regarding my child, prohibiting forcing my child to participate in these tests and surveys, prohibiting any collection of information on various aspects of the life of my child and my family. I consider it necessary to inform you that your violation of my ban falls under clause 2 of Article 137 of the Criminal Code of the Russian Federation (“Violation of privacy with the use of his official position”), taking into account Article 63 of the Criminal Code of the Russian Federation (“Aggravating circumstances”).
Taking this opportunity, I consider it my duty to declare my conviction that all actions to collect information about children, parents and their families are ultimately aimed at destroying the institution of a family in our country, which is an anti-state act.

"____" "_______________________" 20 ___ g. _____________________
(Personal signature)

Photos of teenagers

Of course, it should be understood that the school needs to have basic personal information about each student in order to organize the educational process. By law, when children are in school, the administration of this educational institution is responsible for them.Therefore, if there is a need to convey specific information about the child, then process this process correctly, using the example of the statement:

Sample consent to the processing of personal data by the school, which does not create the risk of violation of family rights.

CONSENT OF LEGAL REPRESENTATIVE
ON THE PROCESSING OF PERSONAL DATA OF THE MINOR

I, ______________________________________________________________ (name),
residing at ____________________________________________________________, Passport No. _________________________ issued (by whom and when) _____________________________
______________________________________________________________________________
I am the legal representative of a minor ____________________________________ (name) on the basis of art. 64 p. 1 of the Family Code of the Russian Federation.
I hereby give my consent to the processing in ГО of the Secondary School No. ________ the personal data of my minor child _____________________________, relating exclusively to the categories of personal data listed below:

  • data of birth certificates;
  • medical records;
  • address of the child;
  • child's performance evaluations;
  • educational work of the child.

I consent to the use of my child’s personal data solely for the following purposes:

  • ensuring the organization of the educational process for the child;
  • keeping statistics

This consent is granted for the implementationThe following actions regarding the personal data of the child: collection, systematization, accumulation, storage, refinement (update, change), use (only for the above purposes), depersonalization, blocking (does not include the possibility of restricting my access to personal data child), destruction. I do not consent to any distribution of the personal data of the child, including the transfer of the personal data of the child to any third parties, including individuals and legal entities, institutions, including external organizations and persons engaged by the Secondary School No. personal data processing, government agencies and local authorities. I consent to the processing of the personal data of the child only in a non-automated way and I do not consent to the processing in an automated way.
I prohibit the processing of personal data of a child for any other purposes and in any other way, including the distribution and transfer to any third parties. It can only be possible with my specific written consent in each individual case.
This Consent is valid until the goals of personal data processing in the Secondary School No. ______ or until the withdrawal of this Consent is achieved. This Consent may be withdrawn at any time by my written statement.
I confirm that, by giving this consent, I act on my own will and in the interests of the child whose legal representative I am.

Date: __.__._____
Signature: ________________________ (______________________)

How to write a refusal to process personal data?

As we have already found out, the goal of automated registration of citizens' personal information is not a guarantee of the rights of people, but exclusive power over them. This is how the next step in the construction of a human management system.

Passport with chip

In February 2014, the Moscow Patriarchate’s website published information about the request of Patriarch of Moscow and All Russia Kirill to the President of the Russian Federation Vladimir Putin to take legislative measures that would ensure the right of people to use traditional identity cards and ways to keep them on paper, also provide legal guarantees for the existence, technical equipment and financing of the traditional accounting system.

The Administration of the President of the Russian Federation responded to the Patriarch’s appeal as follows:

“... Sharing your concerns about the reluctance of a certain part of Russian citizens to get another type of passport - a document of a new generation containing electronic media, I believe it is possible to note that any form of forcing people to use electronic personal identifiers, automated means of collecting, processing and recording personal data, personal confidential information are not allowed ... ".

A long time ago, Orthodox Elders and clergymen warned that people would be seduced with the help of "multi-tricky lies and monstrous deception."

If you want to manage your life on your own, and not to give this right to other people, instead of signing consent to the processing of your personal data, we advise you to issue a statement, a sample of which is presented below:

STATEMENT

on refusal to sign the "Consent to the processing of personal data"
(on the basis of Art. of the Constitution of the Russian Federation 2, 3, 15, 18, 23, 24, Article 12 of the Civil Code of the Russian Federation)

.................................................. ................. I was asked to sign the form “Consent for processing
(date)
personal data "for .............................................. .................................................. .................................................. ................
(specify why “Consent” is obtained)
I do not consent to the processing of my personal data for the following reasons:
1. Obligatory obtaining of consent to the processing of personal data in the ........................
..........................................................................................................................................................................
(specify: the provision of medical care, payment of benefits, registration of the transaction, etc.)
...................................................................................................................................................
contrary to the Constitution of the Russian Federation, guaranteeing citizens this right without any conditions. In accordance with Articles 2, 15, 18, human rights and freedoms are the highest value, the Constitution of the Russian Federation has the highest legal force and direct effect.
2. Consent to the processing of my personal data (personal data of my children
..........................................................................................................................................................................
(indicate if any)
..........................................................................................................................................................................
contrary to my interests and the interests of my family.
In accordance with Article 9 of the Federal Law No. 152-ФЗ “On Personal Data”, the subject of personal data decides to provide his personal data and agrees to their processing by his will and in his interest.
In accordance with Law No. 152-FZ, personal data is any information relating to a physical person. The term “processing” includes any actions of an operator with personal data: collecting,recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access, including transfer to third parties and cross-border transfer), depersonalization, blocking, deletion, destruction of personal data.
In 2009, in No. 152-ФЗ “On Personal Data”, changes were made that abolished the obligation of operators to cryptographic (cryptographic) protection of personal data.
When using personal data, the operator has the right to make decisions or perform other actions that give rise to legal consequences in relation to me or other persons as subjects of personal data.
By obtaining the consent of the person to the processing of personal data - any information about me and my family - the operator becomes their complete master.
The formal phrase of the form on the right to withdraw consent to the processing of personal data does not solve anything, because the operator at the time of the withdrawal of "Consent" already has the opportunity to use their powers in full.
Consent to the processing of personal data makes a person a potential object of any criminal manipulation, since no one is responsible for the moral condition of the operators.
3Obtaining consent “to the processing of personal data - any information about a person” violates the provisions of Articles 23, 24 of the Constitution of the Russian Federation, which guarantees citizens the right to privacy, personal and family secrets, protection of their honor and good name.
4. The “Consent” form proposed to me violates the principles of article 5 “Principles of processing personal data” No. 152-FZ “On personal data”: on the inadmissibility of combining databases containing personal data that are processed for purposes incompatible with each other; about the processing of only those personal data that meet the purposes of their processing; on the compliance of the content and volume of the personal data processed with the stated processing objectives; on the inadmissibility of the redundancy of the processed personal data in relation to the stated purposes of their processing.
Based on the above arguments, I refuse to give consent to such processing of my personal data (personal data of my children) and I ask you to ensure that my constitutional rights and freedoms are respected. My personal data required for internal use is at your disposal.
I was (a) warned (a) that in case of refusal to sign the "Consent" I will .............................. .................................................. .................................................. .............................
(the consequences of refusing to sign the "Consent")
In the event of the realization of this threat, I ask you to give me a reasoned written answer, which I will need to appeal against the illegal actions of an official (employee) and compensate for material and moral damage.

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  • Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia

    Why is it dangerous to sign an agreement on the use and processing of personal data in Russia