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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 30, 2021 No. 1657

About approval of Rules of implementation by the federal executive body authorized in the field of safety and the federal executive body authorized in the field of counteraction to technical investigations and technical information security, control and supervision of accomplishment by the bodies, the organizations, individual entrepreneurs and notaries specified regarding 18.2 articles 14.1 of the Federal law "About Information, Information Technologies and on Information Security", organizational and technical measures for safety of personal data and use of the means of information protection specified regarding 18.3 articles 14.1 of the Federal law "About Information, Information Technologies and on Information Security"

According to part 18.4 of article 14.1 of the Federal law "About Information, Information Technologies and on Information Security" Government of the Russian Federation decides:

1. Approve the enclosed Rules of implementation by the federal executive body authorized in the field of safety and the federal executive body authorized in the field of counteraction to technical investigations and technical information security, control and supervision of accomplishment by the bodies, the organizations, individual entrepreneurs, notaries specified regarding 18.2 articles 14.1 of the Federal law "About Information, Information Technologies and on Information Security", organizational and technical measures for safety of personal data and use of the means of information protection specified regarding 18.3 articles 14.1 of the Federal law "About Information, Information Technologies and on Information Security".

2. This resolution becomes effective from the date of its official publication.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of September 30, 2021 No. 1657

Rules of implementation by the federal executive body authorized in the field of safety and the federal executive body authorized in the field of counteraction to technical investigations and technical information security, control and supervision of accomplishment by the bodies, the organizations, individual entrepreneurs and notaries specified regarding 18.2 articles 14.1 of the Federal law "About Information, Information Technologies and on Information Security", organizational and technical measures for safety of personal data and use of the means of information protection specified regarding 18.3 articles 14.1 of the Federal law "About Information, Information Technologies and on Information Security"

I. General provisions

1. These rules establish procedure the federal executive body authorized in the field of safety and the federal executive body authorized in the field of counteraction to technical investigations and technical information security (further - state control bodies), within their powers, stipulated by the legislation the Russian Federation, actions for control and supervision of accomplishment of organizational and technical measures for safety of the personal data established according to part 4 of article 19 of the Federal law "About Personal Data", and use of means of information protection (further respectively - control, safety requirements of personal data) when using the unified information system of personal data providing collection, processing and storage of biometric personal data their check and information transfer about degree of their compliance to the provided biometric personal data of physical person (further - single biometric system), state bodies, local government bodies, the organizations of the financial market, other organizations, individual entrepreneurs and notaries for authentication of the physical person which expressed consent to its carrying out for the purpose of making of certain actions or confirmation of declaration of will or confirmation of power of the person for making of certain actions (further - the operator of personal data).

2. Control is exercised by means of holding the following control (supervising) events:

scheduled inspection;

unscheduled inspection.

Scheduled inspection is carried out in the form of exit or documentary check, unscheduled inspection - in the form of exit check (further in case of joint mentioning - check).

3. Exit inspection is carried out in the location of the operator of personal data. Documentary inspection is carried out in the location of state control body.

4. For implementation of scheduled inspection by state control body the commission which part at least 3 officials are is created. The unscheduled inspection which is carried out on the basis specified in the subitem "an" of Item 21 of these rules can be performed by 2 officials of state control body.

5. It is performed by officials of state control body who are specified in the order (order) of state control body on conducting check.

6. The term of conducting planned inspection cannot exceed 20 working days.

7. The term of carrying out unscheduled inspection cannot exceed 10 working days.

8. In exceptional cases, the difficult and (or) long researches connected with need of carrying out, testing, special examinations and investigations based on motivated proposals of the officials of state control body performing the term of conducting check can be extended by the head of such body, but no more than for 20 working days.

9. The term of carrying out each of checks, stipulated in Item 2 these rules, concerning the operator of personal data who performs the activities in the territories of several subjects of the Russian Federation is installed separately on each branch, representation and the isolated structural division of the operator of personal data, at the same time aggregate term of conducting check cannot exceed 60 working days.

10. Checks concerning operators of the personal data using information systems of personal data which on the property right, leases or on other legal cause belong to the Ministry of Defence of the Russian Federation, Russian Foreign Intelligence Service, Federal Security Service of the Russian Federation, Federal Guard Service of the Russian Federation and the Directorial Board for the Special Programs of the President of the Russian Federation, and also concerning information systems of personal data which protection is included into their competence are carried out in coordination with heads of the specified federal executive bodies.

11. Information on the organization of checks, including on their planning, on carrying out and results of such checks, does not go to bodies of prosecutor's office, except for information on results of the inspections which are carried out based on the requirement of the prosecutor about implementation of unscheduled inspection within carrying out supervision of execution of the laws on the materials and addresses which arrived in bodies of prosecutor's office.

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