of July 27, 2006 No. 152-FZ
About personal data
Accepted by the State Duma on July 8, 2006
Approved by the Federation Council on July 14, 2006
1. This Federal Law governs the relations connected with the processing of personal data performed by federal bodies of the government, public authorities of subjects of the Russian Federation, other state bodies (further - state bodies), by local government bodies, other municipal authorities (further - municipal authorities), legal entities and physical persons with use of the automation equipment, including in information and telecommunication networks, or 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 the set algorithm search of the personal data fixed on the material carrier and containing in card-indexes or other systematized meetings of personal data, and (or) access to such personal data.
2. Operation of this Federal Law does not extend to the relations arising in case of:
1) to processing of personal data by physical persons only for personal and family needs if at the same time the rights of subjects of personal data are not violated;
2) stores organizations, completing, accounting and use of the documents of Archival fund of the Russian Federation and other archive documents containing personal data according to the legislation on archiving in the Russian Federation;
3) ceased to be valid
4) to processing of the personal data carried in accordance with the established procedure to the data which are the state secret;
3. Provision, distribution, transfer and receipt of information on activity of the courts in the Russian Federation containing personal data, maintaining and use of information systems and information and telecommunication networks for the purpose of creation of conditions for access to the specified information are performed according to the Federal Law of December 22, 2008 No. 262-FZ "About ensuring access to information on activity of the courts in the Russian Federation".
The purpose of this Federal Law is ensuring protection of rights and freedoms of man and citizen when processing its personal data, including protection of the rights to personal privacy, personal and family secret.
For the purpose of this Federal Law the following basic concepts are used:
1. 1) the personal data permitted by the subject of personal data for distribution - personal data, access for the unrestricted group of people to which is provided by the subject of personal data by consent on processing of the personal data permitted by the subject of personal data for distribution according to the procedure, provided by this Federal Law;
2) the operator - state body, municipal body, legal entity or physical person, independently or together with other persons the purposes of processing of personal data organizing and (or) performing processing of personal data, and also determining, structure of the personal data which are subject to processing, actions (transaction) made with personal data;
3) processing of personal data - any action (transaction) or set of actions (transactions) made with use of the automation equipment or without use of such means with personal data including collection, record, systematization, accumulating, storage, refining (updating, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, removal, destruction of personal data;
4) the automated processing of personal data - processing of personal data by means of computer aids;
5) distribution of personal data - the actions directed to disclosure of personal data to the uncertain group of people;
6) provision of personal data - the actions sent on disclosure of personal data to certain person or certain group of people;
7) blocking of personal data - the temporary termination of processing of personal data (except as specified if processing is necessary for refining of personal data);
8) destruction of personal data - actions as a result of which becomes impossible to recover content of personal data in information system of personal data and (or) as a result of which material carriers of personal data are destroyed;
9) depersonalization of personal data - actions as a result of which becomes impossible without use of the additional information to determine accessory of personal data to the specific subject of personal data;
10) information system of personal data - set of the personal data and information technologies and technical means providing their processing containing in databases;
11) cross-border transfer of personal data - transfer of personal data on the territory of foreign state to authority of foreign state, the foreign physical person or the foreign legal entity.
1. The legislation of the Russian Federation in the field of personal data is based on the Constitution of the Russian Federation and international treaties of the Russian Federation and consists of this Federal Law and another determining cases and features of processing of personal data of the Federal Laws.
2. On the basis and in pursuance of the Federal Laws state bodies, the Bank of Russia, local government bodies within the powers can adopt regulatory legal acts, regulations, legal acts (further - regulatory legal acts) on the single questions concerning processing of personal data. Such acts do not may contain the provisions limiting the rights of subjects of personal data setting the restrictions of activities of operators which are not provided by the Federal Laws or assigning the obligations which are not provided by the Federal Laws to operators and are subject to official publication.
3. Features of the processing of personal data performed without use of the automation equipment can be established by the Federal Laws and other regulatory legal acts of the Russian Federation taking into account provisions of this Federal Law.
4. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.
5. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
1. Processing of personal data shall be performed on legal and fair basis.
2. Processing of personal data shall be limited to achievement of specific, in advance particular and legal purposes. The processing of personal data incompatible with the purposes of collection of personal data is not allowed.
3. Combination of the databases containing personal data which processing is performed for the purpose of, incompatible among themselves is not allowed.
4. Only personal data which answer the purposes of their processing are subject to processing.
5. Content and amount of the processed personal data shall answer stated purposes of processing. The processed personal data shall not be excessive in relation to stated purposes of their processing.
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