Appendix No. 4 to the Order No. 003-PDn dated February 10, 2016
City of Moscow, 2016
The Personal Data Processing Policy (hereinafter referred to as the Policy) has been developed in accordance with the Federal Law No. 152-FZ dated July, 2006 “On Personal Data” (hereinafter referred to as the FZ-152).
This Policy defines the procedure for processing personal data and measures to ensure the security of personal data in the Association “NOEP”(hereinafter referred to as the Operator) in order to protect the rights and freedoms of a person and citizen when processing their personal data, including the protection of the rights to privacy, personal and family secrets.
The Policy uses the following basic concepts:
automated personal data processing – processing of personal data using computer technology;
personal data blocking – temporary termination of the processing of personal data (except in cases where the processing is required to clarify personal data);
personal data information system – a set of personal data contained in databases, and information technology and technical means that ensure their processing;
rendering personal data anonymous – actions, as a result of which it is impossible to determine, without the use of additional information, the belonging of personal data to a particular personal data subject;
personal data processing – any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including the collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
operator – a state body, municipal body, legal entity or an individual who/which independently or jointly with other persons organizes and (or) performs the processing of personal data, as well as determines the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;
personal data – any information which is directly or indirectly related to an identified or identifiable individual (personal data subject);
personal data provision – actions aimed at disclosing personal data to a certain person or a certain set of persons;
personal data dissemination – actions aimed at disclosing personal data to an indefinite set of persons (transfer of personal data) or at familiarizing an unlimited number of persons with personal data, including the publication of personal data in the mass media, posting in information and telecommunications networks, or providing access to personal data in any other way;
cross border personal data transfer – the transfer of personal data to the territory of a foreign state to the authority of a foreign state, a foreign individual or a foreign legal entity.
personal data destruction – actions as a result of which it is impossible to restore the content of personal data in the personal data information system and (or) as a result of which the tangible media of personal data are destroyed;
The Operator shall publish or otherwise provide unrestricted access to this Personal Data Processing Policy in accordance with part 2 of Article 18.1. of the Federal Law No. 152-FZ.
2.1 Principles of personal data processing
The processing of personal data by the Operator shall be carried out on the basis of the following principles:
- legitimacy and equitable basis;
- restrictions on the processing of personal data by the achievement of specific, predetermined and legitimate goals;
- preventing the processing of personal data incompatible with the purposes of collecting personal data;
- preventing the integration of databases containing personal data, the processing of which is carried out for purposes that are incompatible with each other;
- processing only those personal data that meet the purposes of their processing;
- compliance of the content and volume of the processed personal data with the stated purposes of processing;
- preventing the processing of personal data that is excessive in relation to the stated purposes of their processing;
- ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of personal data processing;
- destruction or depersonalization of personal data upon achievement of the purposes of their processing or in case of loss of the need to achieve these purposes, if it is impossible for the Operator to eliminate the committed violations of personal data, unless otherwise provided by the federal law.
2.2 Terms of personal data processing
The Operator processes personal data subject to the availability of at least one of the following conditions:
- the processing of personal data is carried out with the consent of the personal data subject to the processing of his/her/its personal data;
- the processing of personal data is required to achieve the goals stipulated by an international treaty of the Russian Federation or a law, to perform and fulfill the functions, powers and duties assigned to the Operator by the legislation of the Russian Federation;
- the processing of personal data is required for the administration of justice, the execution of a judicial act, an act of another body or official subject to be executed in accordance with the legislation of the Russian Federation on enforcement proceedings;
- the processing of personal data is required for the performance of a contract to which the subject of personal data is a party, or beneficiary or guarantor, as well as for the conclusion of a contract on the initiative of the subject of personal data or a contract under which the subject of personal data will be a beneficiary or guarantor;
- the processing of personal data is required for the exercise of the rights and legitimate interests of the operator or third parties or for the achievement of socially significant goals, provided that the rights and freedoms of the subject of personal data are not violated;
- the processing of personal data, access to which is granted to an unlimited number of persons by the subject of personal data or at his/her/its request is carried out (hereinafter referred to as the publicly available personal data);
- the processing of personal data subject to publication or mandatory disclosure in accordance with the federal law is carried out.
Initially, the personal data of citizens of the Russian Federation is collected and processed on the territory of the Russian Federation.
2.3 Confidentiality of personal data
The Operator, its employees and third parties who have obtained access to personal data shall not disclose or distribute personal data to other third parties without the consent of the personal data subject, unless otherwise provided for by the federal law.
2.4 Publicly available sources of personal data
For the purpose of information support, the Operator may create publicly available sources of personal data of personal data subjects, including reference books and address directories. The publicly available sources of personal data, with the written consent of the personal data subject, may include his or her last name, first name, patronymic, date and place of birth, place of work and position, contact phone numbers, and email address.
Information about the personal data subject shall be excluded from the publicly available sources of personal data at any time at the request of the personal data subject, authorized body for the protection of the rights of personal data subjects, or by a court decision.
2.5 Special categories of personal data
The processing of special categories of personal data concerning race, nationality, political views, religious or philosophical beliefs, health status, intimate life, may be carried out by the Operator in the following cases:
- the personal data subject has given written consent to the processing of his or her personal data;
- personal data is made publicly available by the personal data subject;
- the processing of personal data is carried out in accordance with the legislation on state social assistance, labor legislation, the legislation of the Russian Federation on state-provided pensions, on labor pensions;
- the processing of personal data is required to protect the life, health or other vital interests of the subject of personal data or the life, health or other vital interests of other persons, and obtaining the consent of the subject of personal data is impossible;
- the processing of personal data is carried out for medical and preventive purposes, for the purpose of determining a medical diagnosis, providing medical, and medical and social services, provided that the processing of personal data is carried out by a person who is professionally engaged in medical activities and is obliged in accordance with the legislation of the Russian Federation to maintain medical secrecy;
- the processing of personal data is required to establish or exercise the rights of the personal data subject or third parties, as well as in connection with the administration of justice;
- the processing of personal data is carried out in accordance with the legislation on mandatory types of insurance, with the insurance legislation.
The processing of special categories of personal data carried out in the cases provided for in paragraph 4 of Article 10 of the Federal Law No. 152-FZ shall be immediately terminated if the reasons for their processing have been eliminated, unless otherwise established by the federal law.
The processing of personal data on criminal records may be carried out by the Operator only in cases and in accordance with the procedure determined in accordance with federal laws.
2.6 Biometric personal data
Information that characterizes the physiological and biological characteristics of a person, on the basis of which it is possible to establish his or her identity, that is biometric personal data, may be processed by the Operator only with the written consent of the subject of personal data.
2.7 Assignment of personal data processing to another person
The Operator has the right to delegate the processing of personal data to another person with the consent of the subject of personal data, unless otherwise stipulated by federal law, on the basis of a contract concluded with this person. A person who processes personal data on behalf of the Operator shall comply with the principles and rules of personal data processing provided for by the Federal Law 152-FZ and this Policy.
2.8. Processing of personal data of citizens of the Russian Federation
In accordance with Article 2 of the Federal Law No. 242-FZ dated July 21, 2014 “On Amendments to Certain Legislative Acts of the Russian Federation in Terms of Clarifying the Procedure for Processing Personal data in Information and Telecommunications Networks”, when collecting personal data, including through the Internet information and telecommunications network, the Operator shall record, systematize, accumulate, store, clarify (update, change), extract personal data of citizens of the Russian Federation using databases, located on the territory of the Russian Federation, except for the following cases:
- the processing of personal data is required to achieve the goals stipulated by an international treaty of the Russian Federation or a law, to perform and fulfill the functions, powers and duties assigned to the Operator by the legislation of the Russian Federation;
- the processing of personal data is required for the administration of justice, the execution of a judicial act, an act of another body or official to be executed in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter referred to as the execution of a judicial act);
- the processing of personal data is required for exercising the powers of federal executive bodies, bodies of state extra-budgetary funds, executive bodies of state power of constituent entities of the Russian Federation, local self-government authorities and the functions of organizations involved in the provision of state and municipal services, respectively, provided for by Federal Law No. 210-FZ dated July 27, 2010 “On Organization of the Provision of State and Municipal Services”, including registration of the subject of personal data on the Unified Portal of Public and Municipal Services and (or) regional portals of public and municipal services;
- the processing of personal data is necessary for the professional activity of a journalist and (or) the legitimate activity of the mass media or scientific, literary or other creative activity, provided that the rights and legitimate interests of the subject of personal data are not violated.
2.9. Cross border personal data transfer
The Operator shall make sure that the foreign state, to which the transfer of personal data is supposed to be carried out, provides adequate protection of the rights of personal data subjects prior to the commencement of such transfer.
The cross border personal data transfer on the territory of foreign states that do not provide adequate protection of the rights of personal data subjects may be carried out in the following cases:
- a written consent of the personal data subject to the cross border transfer of his/her personal data;
- execution of the contract, to which the subject of personal data is a party.
3.1. Consent of the personal data subject to the processing of his/her personal data
The subject of personal data makes a decision on the provision of his/her personal data and gives consent to their processing freely, at his/her own will and in his/her own interest. Consent to the processing of personal data may be given by the personal data subject or his/her representative in any form that enables to confirm the fact of its receipt, unless otherwise stipulated for by the federal law.
3.2. Rights of the personal data subject
The subject of personal data has the right to receive from the Operator information concerning the processing of his/her personal data, if such right is not restricted in accordance with federal laws. The personal data subject has the right to require the Operator to clarify his/her personal data, block or destroy them if the personal data is incomplete, outdated, inaccurate, illegally obtained, or is not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect their rights.
The processing of personal data for the purpose of promoting goods, works, and services on the market through direct contacts with the subject of personal data (potential consumer) by means of communication, as well as for the purpose of political agitation, is allowed only with the prior consent of the subject of personal data.
The Operator shall immediately terminate the processing of personal data for the above purposes at the request of the personal data subject.
It is prohibited to make decisions based solely on the automated processing of personal data, which generate legal consequences in relation to the subject of personal data or otherwise affect his/her rights and legitimate interests, except in cases provided for by federal laws, or if the subject of personal data has written consent.
If the personal data subject considers that the Operator processes his/her personal data in violation of the requirements of the Federal Law 152-FZ or otherwise violates his/her rights and freedoms, the personal data subject shall be entitled to appeal the actions or omissions of the Operator to the Authorized Body for the Protection of the Rights of Personal Data Subjects or in court.
The subject of personal data shall be entitled to protect his/her rights and legitimate interests, including compensation for damages and (or) compensation for non-pecuniary damage.
The security of personal data processed by the Operator shall be ensured by the implementation of legal, organizational and technical measures necessary to meet the requirements of federal legislation in the field of personal data protection.
To prevent unauthorized access to personal data, the Operator shall apply the following organizational and technical measures:
- appointment of officials responsible for organizing the processing and protection of personal data;
- restriction of the number of persons authorized to process personal data;
- familiarization of subjects with the requirements of federal legislation and regulatory documents of the Operator on the processing and protecting personal data;
- organization of accounting, storage and circulation of media containing information with personal data;
- identification of threats to the security of personal data during their processing, the formation of threat models based on such threats;
- development of a personal data protection system based on the threat model;
- checking the availability and effectiveness of the use of information security tools;
- differentiation of users’ access to information resources, and the information processing software and hardware;
- registration and accounting of actions of users of personal data information systems;
- use of anti-virus tools and personal data protection system recovery tools;
- use of means of firewalling, intrusion detection, security analysis and data cryptographic protection, if required;
- organization of access control to the Operator’s territory, protection of premises with technical means of processing personal data.
Other rights and obligations of the Operator in connection with the processing of personal data shall be determined by the legislation of the Russian Federation in the field of personal data.
Employees of the Operator who are guilty of violating the rules governing the processing and protection of personal data shall bear material, disciplinary, administrative, civil or criminal liability in accordance with the procedure established by federal laws.
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