Principles, conditions and goals and processing of personal data

Now no activity is complete without information. Each organization stores information about employees, partners, and customers. Unauthorized access to them leads to their loss or change, which negatively affects the activities of the company. The goals of processing personal data in organizations are the same, as this is enshrined in law. This is described in the article.

What does processing mean?

Each person can get acquainted with information about another citizen both in the performance of work duties and in non-working communication, when browsing the Internet, reading a newspaper. Such collection of information is not considered processing. This is just an introduction to the information.

If personal information is specifically collected for use, storage, then this will be the processing of personal data. This process is observed in educational institutions, hospitals. Information is recorded, entered into the database, classified for legitimate use. If the information is collected by a writer, journalist, then he can use it for creative purposes.

Processing methods

Personal information is processed in 2 ways:

1. Automated.
2. Not automated.

The second option involves processing performed with the participation of a citizen. If this happens without automation, then the data must be separated from the rest of the information. This is done using a checkmark, for example, on the fields of the forms. It is forbidden to post personal information on a single medium if it is known that the purposes of processing personal data are incompatible.

If personal information of citizens belongs to different categories, then you need to use an individual carrier for each type. Which systems can be classified as automated, and which are not? The following facts reveal this:

1. Personal information stored in the personal data system can be processed through an automated process, if its use is carried out with the personal presence of a person.
2. It cannot be argued that data is processed automatically, given that it is in the personal information information system.

Automated processing is performed using computing tools. Processing refers to all the actions that are performed with the data provided. This process includes collection, fixing, use, destruction.

Goals

The goals of processing personal data in the organization are the same. Information is needed for:

1. Conclusion, execution, termination of contracts in cases provided by law and the Charter of the organization. Such transactions can occur with citizens, individual entrepreneurs, legal entities.
2. Personnel accounting of the enterprise, compliance with the law, conclusion and fulfillment of obligations under agreements.
3. Maintaining personnel records management, assisting employees in finding employment, training, and using benefits.
4. Compliance with tax laws regarding the payment of taxes and the transfer of personal data to the FIU.
5. Filling out statistical documents on the basis of the law.

Each goal of the processing of personal data in the organization is obligatory for execution, since this is fixed by law. That is why information about employees, customers, and partners is needed in all institutions. The purposes of processing personal data allow you to conduct business in a legal way.

Rules and Order

The manager should receive the following information about his employees:

1. Education.
2. Experience, previous position.
3. Information about the family and their work.
4. Health Information.

When processing employee information, personnel department specialists must follow several rules:

1. To process information on the basis of the law, help in finding a job, to assist in training and career advancement, to control the quality of the tasks performed.
2. Personal information is provided by the employee. If for some reason they cannot be obtained from the employee, but only from a third party, you must obtain written consent to disclose the information.
3. A cadre employee cannot independently use information on religious orientation or trade union activity if this does not apply to work. If this information relates to a working relationship, written permission is required.
4. Supervises the staff of the personnel department, as well as the execution of these rules by the head.
5. All employees must sign, confirming that they are familiar with the rules of the regulation.

The purposes of processing personal data according to Law No. 152 are binding on each employer. Based on Art. 22, the head can perform actions with personal information of employees without notifying Roskomnadzor.

Principles

It is important to know not only the goals of collecting and processing personal data, but also the principles. They are indicated in Art. 5 chap. 2 Federal Law No. 152:

1. It is important that the legitimacy and integrity of the processing goals and methods is respected.
2. Compliance with the goals stated during the collection.
3. Correspondence of the volume and nature of the processed information, methods to the goals.
4. The accuracy of the information.
5. Inadmissibility of combining databases for incompatible purposes.
6. Storage in a form that allows you to determine the data subject, and no longer than the goals require. Then they are destroyed.

The goals of processing personal data of an employee are achieved using the conditions specified in Art. 6 ch. 2:

1. Execution of processing with permission of the subjects.
2. If it is entrusted to another person on the basis of an agreement, then confidentiality is important.
3. Processing special information in a special order.

There are a few exceptions when subject permission is not required. This happens when:

1. The procedure is carried out on the basis of the Federal Law, which establishes its purpose, conditions, circle of subjects, information about which is to be processed.
2. Everything is done to fulfill the contract.
3. Implementation of statistical and other scientific goals is required.
4. It is necessary to protect life, health, vital interests, if obtaining permission is impossible.
5. Mail is being delivered.
6. The professional activities of a journalist are carried out.
7. The processing of information to be published on the basis of the law.

Consent

To protect a person from unwanted use of information about him, his consent to the processing of personal data is required. The purpose of the processing must be legal, and in other cases this is prohibited. Consent is granted with a job, a bank account and other important transactions.

There is no single form of permission. It is made up in free form on the form used by the enterprise. The period during which the permit is valid is indicated in the document itself. It also indicates the purpose of processing personal data in the organization.

Organization Responsibility

The specialist responsible for obtaining, processing, storing personal information is appointed by the director of the institution. It also determines the persons who have access to information. The document must be issued by order. Usually responsible for processing information:

1. HR managers.
2. Personnel inspectors.
3. HR managers.
4. Deputy heads of personnel.
5. Human Resources Specialists.

Based on the Federal Law No. 152, the employee collecting and processing personal data is the operator. He is the head. The purposes of processing personal data in an educational institution are the same as in organizations.

Transfer and storage

Documentation with personal information about employees is stored in fireproof cabinets or safes. The keys to them should be with the director of the personnel department. If he is absent, then the deputy is in charge. If it is necessary to transfer the personal information of the employee, the personnel officer must remember the following rules:

1. It is forbidden to transfer personal information to third parties without written permission. An exception is cases where data is required to prevent harm to health and in situations stipulated by law. It is also forbidden to disclose information for commercial purposes without consent.
2. If it is necessary to transmit employee data, it is necessary to notify those for whom this information applies that the information can be used only for the purpose of the request.
3. A staff member may use only the information necessary for the performance of work duties.
4. A staff member does not have the right to find out information about the employee’s health status.

An exception is circumstances that relate to the issue of employees fulfilling their duties.

Responsibility

If employees violate the procedure for collecting, processing, issuing information, then they bear disciplinary and criminal liability under the law. In Art. Section 5 of the Federal Law says that personal information collected for processing by automated principles or other means should be produced in such a way that it can establish the data subject.

The definition of the subject cannot be longer than is required for processing. If it is completed, then for some time personal data cannot be destroyed. The personal data of employees is stored in the institution for 75 years. Thus, at each enterprise must comply with the rules of storage and processing of information.