Many are interested in what personal data is. A child or an adult is not so important. The thing is that not so long ago in Russia a special law was issued that allows the protection of personal information. Accordingly, in order for certain organizations to use so-called personal information, it is necessary first of all to give consent to this. Moreover, in writing. In the absence of such a document, no one has the right to use certain data about a person. But what is important to know about this for parents of minors? What features are recommended to pay attention in the first place?
Definition
So, the first thing you need to understand what is at stake. After all, it is far from always clear what is a child ’s personal data. The Federal Law No. 152 of July 27, 2006 speaks of dividing all personal information into several parts. And this should be taken into account.
So what is personal data? By them it is customary to understand personal information that allows you to make an impression about a person - data used to describe a citizen.
At the moment, personal information is divided into:
- general;
- biometric;
- special.
Categorization
The first category includes F. I. O. of a person, information about his education, registration, as well as passport data. If we talk about employed citizens, it can be noted that information about the place of work and earnings are added to general personal information.
Special data is all that can tell about the state of health of a citizen, his racial and religious affiliation. Typically, such information is contained in questionnaires and tests.
Biometric data - any biological information that can help identify a person. For example, DNA or height-weight. Photos and videos also belong to this type of information.
Consent
Now it’s clear what the personal data of a child or adult is. Next, you should pay attention to the fact that each citizen must give his consent to the processing of these data to organizations with which he contacts. This is a required item. Without it, companies cannot legally use personal information about a person.
Consent to the processing of personal data of a child is a separate document drawn up in accordance with established rules. For adults, you will also have to provide a similar document. Most importantly, consent must be expressed in writing. Otherwise, it cannot be considered that it takes place.
Features of the conclusion
You should pay attention to one feature. Many parents have known her for a long time. Only few initially suspect that it takes place even in relation to the personal data of a minor.
What is it about? The thing is that the consent to the processing of personal data of the child is drawn up and signed by his legal representatives. The minor himself is not involved in the approval process. An exception is employment after 16 years.
In general, this process does not require any special knowledge. Especially if parents go to a trusted company or institution. Only in some cases can certain problems arise with the issue under study.
Bans on use
That is why it is important to know that organizations have the right to use only specific information of a child (or adult) in a particular case. The thing is that Federal Law No. 152 establishes certain restrictions. Which ones?
If the consent of the parents to the processing of the personal data of the child is given, this does not mean at all that you can use all the personal information about the person. Only those components that are really necessary are subject to processing. For example, there is no point in processing DNA when applying for a job or entering into an agreement with a bank when opening a deposit. Accordingly, this information is forbidden to use and process.
Another point - as soon as the organization reaches the goal for which it was processing information, it is necessary to stop the processing. For example, if a child was served in a private clinic, but without a personal patient card, then after the results of the examination are issued, you will have to get rid of the information provided. Or rather, stop processing it.
Written agreement
What else to look for? It has already been said that usually consent to the processing of personal data of the child (a sample will be presented later) is a ready-made form of the established sample. Parents should only carefully read about what data can be processed. Further, information on legal representatives, as well as on a minor, is entered in the indicated places. At the very end, parents put their signature. And everything, the consent is ready.
But you can write yourself permission to process the personal data of a minor. To do this, it is enough to know about the information, which, as a rule, is contained in the document. Remember the main components is not so difficult.
The main thing to remember is that the paper under study, as has been said more than once, must be presented in writing. What should parents pay attention to, who want to write a document on their own, according to which it will be possible to process the personal data of the child?
Components of consent
As a rule, in order to solve the problem, a standard form is provided. Rules for its completion will be presented later. What if the parent wants to independently draw up an agreement on the processing of information about the child?
He will need to write a document in which the following data will be written:
- F. I. O. representative (i.e. parent);
- F. I. O. child;
- passport data of the legal representative;
- details of the child’s documents (for example, birth certificates, from 14 years old - passports);
- the purpose of the processing of personal data (for example, admission to school);
- data that can be studied;
- operations with personal information for which parents give the green light;
- validity period of the document;
- terms of revocation of the agreement (optional).
As practice shows, usually parents simply write information about themselves and the minor, as well as information that must be processed with the purpose of familiarizing the organization with the data.
Rules for filling out the form
What else should you pay attention to? Usually, if the consent to the processing of the personal data of the child (the sample is submitted) is written completely independently, then problems arise only with the purpose of studying the information provided. But what about filling out the form of an established sample?
This is the question that many parents are interested in. It occurs when applying to schools and medical institutions. There, without fail (as in any other company where minors are served), it is necessary to correctly fill in the consent to the processing of the child’s data.
There are some rules. Remembering them is pretty simple. It is necessary to be guided by the following principles of filling out the form:
- the subject of personal data is the F. I. O. of the child;
- identity document - information from the birth certificate;
- address - registration of the child (sometimes it is better to indicate the actual residence, this moment is specified individually);
- representative of the subject - information about the parent;
- based on the document - the birth certificate of the child.
Accordingly, if the minor has reached the age of 14, you will have to indicate the information from the passport, and not the birth certificate. There is nothing difficult about this. It is also recommended that you familiarize yourself with the goals of data processing, as well as with information that can be used.
Compulsion
An example of consent to the processing of personal data of the child will be presented below. To begin with, it should be noted that a situation may occur in which a parent or just an adult is forced to fill out a study document. Allegedly, without it, it will not be possible to fully render this or that service. Some dutifully agree to this action. But is it right?
Not really. Very often companies and institutions collect "extra" information about citizens. And about children as well. Not all personal data of children is necessary, for example, to enroll them in school. Say, medical information is useless here. Therefore, it is recommended to slightly modify the text of the agreement. It is enough to give permission to process specific information. For example, the full name of a person, his place of training for the issuance of a certificate. An application for the processing of personal data of a child is, it is worth noting, a right, not a coercion.
Among other things, a citizen has the right to write a refusal from the process under study. As a rule, such an operation is in demand in schools where parents are forbidden to collect information about their child. This is not a violation of the law. Indeed, the provision of personal data is not an obligation, but a human right. A minor implements it through legal representatives who must protect the interests and freedoms of the child.
Sample
So, now we have to find out how a sample application for processing the personal data of a child might look like. Based on all the above, two examples should be given. The first is to fill out an established form. The second option is consent to the processing of only certain information about the minor.
What will parental consent look like if they are provided with a printed form on which the data usage goals are already printed? Approximately this form will have to be filled out:
Consent to the processing of personal data of the subject: Ivan Ivanov, birth certificate XXXX (series) No. YYY (document number) was issued by the registry office No. 1 of the Leningrad district, Moscow, 07.25.2000, residing at: Moscow, st. Ivan Susanin, house 30, apt. 5.
In the person of the representative of the personal data subject, Ivanova Marina Dmitrievna, passport XXXX (series) No. YYY (number), issued by the Department of the Ministry of Internal Affairs of the Leningrad District of Moscow, 05.28.2005, residing at the address: Moscow, st. Ivan Susanin, house 30, apartment 5. Acts on the basis of a birth certificate for a child.
In the end, just put a signature. No more information on the finished form is needed. As a rule, this is exactly the kind of scenario needed.
If we are talking about issuing consent to specific information about the child, then you should write a document yourself. It will look something like this:
I, Ivanova Marina Dmitrievna (passport data), mother of Ivanov Ivan Ivanovich (data from the birth certificate or passport of the child) agree to the processing of my child’s personal data, which include: name, surname, middle name, age, gender, information about registration. I provide them for the period of study at the Lyceum №35 of Moscow. The transfer of information to third parties is prohibited by me.
About protection
The features of the issue under study do not end there. The thing is that sometimes it is necessary to protect the personal data of the child. It is usually carried out through a district court. As practice shows, parents win judicial debate. But you can further protect yourself and the child.
How exactly? Write a written refusal to collect and process personal data. As a rule, this document is required in schools and kindergartens. Frequent questionnaires are practiced there, supposedly anonymous. The parent has the right to refuse to provide such information to the school. This is great protection for your baby’s data.
If by any action the organization (in this case, the school) collects, stores and processes personal information for the processing of which the parents did not consent, the latter can sue. The main thing is not to be afraid to exercise your rights! The personal data of the child must be protected by his legal representatives.