Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

Accepted at the forty eighth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of November 29, 2018 No. 48-9)

MODEL LAW

About personal data

(new edition)

Chapter 1. General provisions

Article 1. Purposes and sphere of regulation of this Law

The purpose of this Law is harmonization of the legislation regarding observance of the rights and legitimate interests of man and citizen in the field of turnover of personal data and their processing (including the rights to personal privacy, personal and family secret, protection of honor, advantage and reputation), determination of legal regime of turnover of personal data, rights and obligations of operators of personal data.

This Law is applied to the relations connected with turnover and processing of personal data which are performed by public authorities, local government bodies, other state and municipal authorities, legal entities and physical persons as with use of the automation equipment (including in information and telecommunication networks), and without use of such means if processing of personal data without use of such means corresponds to nature of actions (transactions) made with personal data with use of the automation equipment that is allows to perform according to search of the personal data fixed on the material carrier (carriers) and (or) access to them set by algorithm.

Article 2. Basic concepts

In this Law the following concepts are used:

personal data - details about the personality, that is information which allows to determine directly or indirectly physical person (the subject of personal data) or can be identified with it;

biographical personal data - the data determining the key identification parameters of the personality, including surname, name (names), middle name, the image of appearance, other bio or identification data, personal characteristics, data on marital, social, official and financial position, education, profession, the state of health and the other information specified by the subject of personal data in biographical documentation;

office personal data - the data (including biographical) specified by the subject of personal data in documentation connected with execution of job (office) responsibilities by it which specifying is necessary in connection with implementation by the subject of personal data of such obligations;

biometric personal data - the data containing parameters of biometric identification of the subject of personal data, that is data on physiological and biological features based on which it is possible to identify his personality, and processed using technical means (including means of the automated processing of personal data);

turnover of personal data - the action or set of actions made with personal data (including with use of information and telecommunication systems), the including collection, record (fixing), accumulating, extraction, provision, ensuring access, distribution, processing (including automatic), change (modification), blocking, removal, destruction of personal data;

processing of personal data - the action or set of actions made by the operator of personal data with use of the automation equipment or without use of such means with personal data including collection, record (fixing), systematization (classification), accumulating, copying, storage, refining (updating, change), extraction, use, transfer (distribution, provision, ensuring access), depersonalization, blocking, removal, destruction of personal data;

the automated processing of personal data - processing of personal data by means of computer aids;

distribution of personal data - the part of turnover of personal data representing disclosure (provision) of personal data to the third parties by the operator or the subject of personal data including by means of information and telecommunication networks;

provision of personal data - the actions sent on disclosure of personal data to certain person (certain group of people) on its request;

access to personal data - access to personal data, including visual acquaintance and (or) copying of personal data;

the operator of personal data - the physical or legal entity, public authority (local government body), its structural divisions performing turnover or processing of personal data; persons providing legal access to personal data if it does not assume the subsequent processing of personal data by person who provided access do not concern operators of personal data;

the holder of personal data - the operator of personal data making actions with personal data based on the collection performed by it and the actual storage of personal data;

the information system containing personal data (further - information system), - set of the information technologies and technical means (including program and technical) allowing to perform collection, processing, distribution, provision of the personal data containing in it, access to them, and also other actions with them including in the automatic mode;

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