Information for the document
Personal data is information that directly or indirectly relates to a specific person. The development of computer technology has made it possible to collect and systematize this data. If this information is not secure, it can easily be stolen and used for criminal purposes. To protect this information, the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” was adopted in 2006, which defines the principles and conditions for their processing.
Features of document preparation
- Completed consent form
- How personal data is processed
- When is it necessary to obtain an employee’s consent to process his personal data?
- When the employee’s consent to the processing of personal data is not required
How personal data is processed
Article 3 of the Law “On Personal Data” defines the processing of personal data as any actions that are performed with them, namely: collection, recording, systematization, accumulation, storage, clarification, use, transfer to third parties, depersonalization, blocking, deletion, destruction. According to Art. , Law 152-FZ, when processing personal data, the following principles must be observed:
- Processing is carried out only on the basis of the law.
- The purpose of the processing must be determined in advance.
- It is not allowed to combine databases created for different purposes.
- Only data that meets a specific purpose can be processed.
- The content and volume of data must be appropriate for the purpose and not be redundant.
- When processing, it is necessary to ensure the accuracy, sufficiency and relevance of the information.
- Data must be destroyed after the purpose of its processing has been achieved.
Consent to the processing of personal data is required in almost all cases when a citizen provides a legal entity with information about himself such as passport data (full name, date of birth, registration address, marital status, etc.), information about education, place of work, etc. First of all, such consent must be obtained by the employer when hiring a citizen.
When is it necessary to obtain an employee’s consent to process his personal data?
In order for the employer to be able to prove receipt of the employee’s consent to the processing of his personal data, it must be drawn up in writing, although the law directly provides for written consent only in certain cases.
Important! Based on Art. 9 152-FZ, consent can be given in any form that allows you to confirm the fact of its receipt: in the form of an electronic document or in writing.
Part 4 of Art. 9 152-FZ determines that in cases provided for by law, the written consent of the employee is required, namely:
- if the employee’s personal data is obtained from a third party;
- if the employee’s personal data is transferred to third parties, except in cases where it is necessary to prevent a threat to life and health;
- when processing such types of employee personal data as nationality, religious beliefs, political views, health status.
With the consent of the employee, the employer may entrust the processing of his personal data to another person, and the employer bears responsibility to the employee for the actions of this person.
The employee’s consent to the processing of his personal data must contain the following information:
- surname, first name, patronymic, passport details;
- employer's name and address;
- purpose of processing;
- list of personal data subject to processing;
- name of the organization or last name, first name, patronymic and address if processing is entrusted to another person or organization;
- a list of actions and descriptions of processing methods to which written consent has been given;
- the validity period of the consent and the method of its withdrawal;
- employee signature.
Important! The employee has the right to withdraw consent to the processing of his personal data at any time on the basis of Part 2 of Article 9 of 152-FZ.
When the employee’s consent to the processing of personal data is not required
At the same time, in a number of cases, the employee’s consent to the processing of personal data is not required, namely:
- if the publication and placement of personal data of employees on the Internet is enshrined in law. For example, medical and educational organizations are obliged to inform in an accessible form about the level of education and qualifications of their employees;
- in cases permitted by law when processing personal data of close relatives. For example, when receiving alimony, processing social benefits;
- when processing information about the employee’s health status related to the issue of his ability to perform his labor function;
- when transferring personal data to third parties in cases where it is necessary to prevent a threat to life and health, or in cases provided for by law. For example, transfer of data to military commissariats, law enforcement agencies, prosecutors, security agencies upon receipt of requests from them, to the Social Insurance Fund and the Pension Fund.
What should a written consent contain 2019-2020
The employee’s consent to the processing of personal data must include (Part 4 of Article 9 of the Law on Personal Data):
- last name, first name, patronymic, address of the employee, details of the document proving his identity, including the date of issue and information about the issuing authority;
- upon receipt of consent from the employee's representative - his last name, first name, patronymic, address, details of his identity document, including the date of issue and information about the issuing authority, details of the power of attorney or other document confirming the authority of the representative;
- name or surname, first name, patronymic and address of the employer;
- purpose of processing personal data;
- list of personal data that are subject to processing;
- last name, first name, patronymic and address of the person or name of the organization processing personal data on behalf of the employer, if it is entrusted to such a person or organization;
- a list of actions with personal data to which the employee has given consent, a general description of the methods for processing them;
- the period during which the employee’s consent to the processing of his personal data is valid, and the method of revoking consent;
- employee signature.
Completed sample document
The document is completely edited. What does it mean?
To the manager _____________________ _________________________________
From ______________________________ (full name) _________________________________ (position, department)
_________________________________ __________________________________ (Date of Birth)
Resident ___________________
by the address:_________________________
_________________________________
passport:__________________________
issued by: ___________________________
_________________________________
Which documents contain
There are a number of documents that are inherently sources and at the same time repositories of personal information. These include, in particular:
- citizen's passport (domestic and foreign);
- other identification documents;
- employment history;
- military ID;
- birth certificate;
- educational documents;
- documents on family composition;
- income certificates;
- questionnaires filled out during employment;
- autobiography;
- characteristics;
- personal cards of employees (form T-2);
- other documents.
Obviously, most of these documents, originals or copies, are kept by citizens' employers. They and all other persons to whom such information comes are the operators of personal data.
Consent to the transfer of my personal data to a third party
I _____________________________________________________________________________
in accordance with Article 86 of the Labor Code of the Russian Federation, I agree / disagree (underline as appropriate) to the transfer of my personal data to a third party, namely:
- Full Name;
- passport details;
- year, month, date and place of birth;
- home address (by registration) and telephone number;
- address of the actual residence;
- family, social, property status;
- education;
- profession;
- information about labor and general experience;
- income received by me in this institution;
- information about military registration;
- information about the number and series of the state pension insurance certificate;
- information about the taxpayer identification number;
for processing for the purposes of: carrying out the functions of Microfon LLC and providing reporting forms on issues of social insurance, medical insurance, military registration, etc., assisting me in employment, training, advanced training, career advancement, as well as for the purpose of accreditation for various events (colleges, meetings, forums, etc.) to the following persons: by order of the manager and at the discretion of persons responsible for the protection of personal data ________________________________________________________________________________
(indicate the full name of the individual or the name of the organization from which the information is obtained)
Consent to the transfer of personal data to a third party is valid for the entire duration of the employment contract.
I confirm that I have read the Regulations “On the Processing and Protection of Personal Data” at Microfon LLC, the rights and obligations in the field of personal data protection have been explained to me, as well as the employer’s right to process (including transfer) part of my personal data without my consent , in accordance with the legislation of the Russian Federation.
I confirm that the withdrawal of consent is made in writing in accordance with current legislation. I take full responsibility for the adverse consequences of withdrawing consent.
"____" ______________20___
| (signature) | (Full name of employee) |
Note:
- Instead of a passport, details of another main document identifying the employee may be indicated.
- The employee’s written consent is filled out and signed by him personally, in the presence of an employee of the HR department.
- The list of personal data is not exhaustive and is specified based on the purposes of obtaining consent.
Download the document “Consent to the processing of personal data”
If the employee refuses to sign the consent
In accordance with paragraph 1 of Art. 9 of Law No. 152-FZ, the provision of data about oneself is given by the subject voluntarily. Thus, an employee has the right not to give consent if the use of data about him is not directly related to the performance of job duties. In other words, refusal to sign the authorization should not interfere with the employment relationship. Moreover, it is not required when it comes to transferring information to the Pension Fund of the Russian Federation, the tax service and other bodies established by law. However, in practice, refusal sometimes entails the inability to carry out work activities, for example, when the employer has established a pass regime.
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The essence of the term
Counterparties establishing legal relations with individuals must require them to provide the opportunity to carry out actions using personal data - receipt, collection, storage and use. By giving written consent to the other party carrying out the above actions, Russian citizens have the right to receive a guarantee that the information they provide will not be used for illegal purposes.
Data about an individual that is confidential is divided into three categories:
- Public.
- Biometric.
- Special.
Consent is completed if an individual:
- gets a new job;
- receives services from government organizations;
- concludes agreements with institutions and organizations.
The consent of an individual is required, regardless of the nature of the information (open, confidential or closed).
Comments on the document “Consent to the processing of personal data”
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| Artem Valerievich Chevychelov | 06/08/2016 at 12:12:25 On the consent form for the processing of personal data it is written - I authorize the following actions with my personal data: execution of powers of attorney, etc. The question is, is this legal? |
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| Alexander | 10/04/2016 at 15:09:53 Bonded deal. Where is the balance of interests? I am everything to you, and you? Where is the phrase that the LLC bears criminal and other liability for loss, damage, disclosure, etc. my personal data? |
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Personal message | Reply 0
| Pauline Status: Client | 07/21/2017 at 12:08:16 Good afternoon Is consent required for data processing from a legal entity?, if so, what form? Thank you. |
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| Elena | 07/26/2017 at 08:37:37 Can the personnel officer fill out the agreement form himself, and the employee only sign? |
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Documents found on the topic “consent to the processing of personal data form 2018”
- Statement of consent to the processing of his personal data Documents of the enterprise's office work → Statement of the employee's consent to the processing of his personal data
... LLC "": 111111, Moscow, Turistov St., 12 from (full name of the employee in full) statement of consent to the processing of personal data and to request personal data from third parties I, working in a company with limited... - Agreement on processing personal data
Enterprise records → Consent to the processing of personal data...name, division) ( date of birth) residing at the address: passport: issued: consent to the processing of my personal data I, hereby (full name of the employee) express my consent to the processing ...
- Application for consent employee to transfer it personal data to third parties
Enterprise records → Statement of employee consent to transfer of his personal data to third parties... LLC "": 111111, Moscow, Turistov Street, 12 from (full full name of the employee) statement of consent to the transfer of personal data to third parties I, working in a limited liability company " "...
- Form applications to the RSA to file a complaint against the insurance company
Statements of claim, complaints, petitions, claims → Application form to RSA for filing a complaint against an insurance company... and dated July 27, 2006 No. 152-FZ “on personal data ”, by signing this application, I give , without limiting its period, my consent (which can be revoked by sending a letter signed by me to the RSA) for processing by any means provided for by law...
- Form claims to the Russian Union of Auto Insurers about the actions of the insurance company
Statements of claim, complaints, petitions, claims → Claim form to the Russian Union of Auto Insurers about the actions of the insurance company... and dated July 27, 2006 No. 152-FZ “on personal data ”, by signing this application, I give , without limiting its period, my consent (which can be revoked by sending a letter signed by me to the RSA) to be processed by any of those provided for by law...
- Form invoices for payment
Accounting and financial documents → Invoice form for paymentYou can get the document “ form
- Agreement creditor for debt transfer
Agreement on assignment of claim → Creditor’s consent to transfer of debt... I, gr. (full name), passport: issued (by whom, when, unit No.), registered at the address: , I hereby express my consent to a change of person in the obligation (debt transfer) under agreement No. / dated 20 . from LLC "xxx" to JSC "uuu". ...
- Form travel order (sample)
Employment agreement, contract → Business trip order form (sample)... rikaza no. about business trip (full name) travel 1. 2. 3. 4. 5. to (name of city) on topic (problem) (topic code, name of problem) period of trip from 20 to 20 purpose of trip :...
- Sample. Certificate of write-off of damaged forms work records
Accounting statements, accounting → Sample. Act on writing off damaged work record formsm.p. I approve to the head of the enterprise (signature, surname and initials) an act for writing off damaged work book forms
- Form simple registered share
Securities and shares, issue → Form of simple registered shareform of a simple registered share +-+ a k c i i joint stock company "" Moscow May 5, 1991 ( date of issue of shares) ten thousand rubles 10000 series "" n "" authorized capital 500 thousand rubles share...
- Form preferred registered share
Securities and shares, issue → Form of preferred registered share...privileged registered share +-+ preferred share joint stock company "" Moscow May 5, 1991 ( date of issue of shares) ten thousand rubles 10000 series "" n "" authorized capital 500 thousand rubles share...
- Form order
Enterprise records → Order form...(brief summary of what) the text of the stating part of the order. the reasons and purposes that served as the basis for issuing the order are revealed, or the need for its issuance is justified. if the order is issued in pursuance of a document of a higher authority, ...
- Form simple registered share
Securities and shares, issue → Form of simple registered share... and reorganization of a collective farm (state farm) form of a simple registered share share joint-stock company "" Moscow May 5, 1991 ( date of issue of shares) ten thousand rubles 10,000 series "" n "" authorized capital 500 thousand rubles joint-stock companies...
- Sample. Calculation of tax on resale of cars, computer equipment and personal computers
Accounting statements, accounting → Sample. Calculation of tax on resale of cars, computer equipment and personal computers...responsible person (performer) tel. calculation of the tax on the resale of cars, computer equipment and personal computers for 20 (thousand rubles) +-+ no. according to data according to page indicators of the taxpayer of the tax inspectorate...
- Employee's statement about consent on being asked to work overtime
Documents of the enterprise's office work → Employee's statement of consent to be involved in overtime work... on behalf of me, holding a position in (name of structural unit), I give my consent to engage me in overtime work from "" to " (employee signature) ...
Results
According to current legislation, the processing of most personal data about a person must be carried out with his written consent. The document containing such consent does not have a specific form, but there is a list of mandatory information that must be included in it. The final list of necessary personal data is developed by the recipient of this information.
Sources:
- Federal Law of July 27, 2006 N 152-FZ “On Personal Data”
- Labor Code of the Russian Federation
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
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Who can act as an operator
Article 3 of Law No. 152-FZ determines that several categories of counterparties can operate with personal data about an individual:
- legal entities - employers;
- individual entrepreneurs;
- other persons who have received such a right on behalf of an individual.
Actions taken with respect to information about an individual include:
- collection;
- fixation;
- ordering;
- accumulation and storage;
- alteration;
- usage;
- Providing access;
- broadcast;
- blocking and destruction.
There are three modes for working with information about individuals:
- Manual.
- Paper.
- Electronic.
The entire set of actions regarding information received from a citizen (in whole or in part) must be legalized by the operator by obtaining written consent from him for the purposes of processing regulated by Article 86 of the Labor Code of the Russian Federation.
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Is it possible to revoke consent?
If illegal actions are detected in relation to personal data transferred to the operator for processing, as well as upon dismissal from work or other cases, a citizen has the right to revoke the previously given consent. Most often, although this document is signed consciously, the fact itself may be forgotten. Therefore, such cases are quite rare.
If you wish, withdrawing your consent is quite simple. This is done by writing a statement in any form with the requirement:
- on the termination of any actions with previously received personal data;
- about destroying them.
In this case, the application can refer to the regulatory framework of Federal Law No. 152, in particular paragraph 2 of Article 9. The operator is obliged to fulfill the citizen’s requirements within one month after receiving the review.
Please note that the operator’s responsibility regarding the processing of personal information is enshrined in Part 2 of Article 13.11 of the Code of Administrative Offences, and the following is considered a violation:
- processing of data in cases where consent is required, but it has not been received from the subject in writing;
- the consent was drawn up in violation of the requirements for the composition of information that must be present in this document.
