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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 15, 2008 No. 687

About approval of the Regulations on features of the personal data processing performed without use of the automation equipment

For the purpose of implementation of the Federal Law "About Personal Data" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on features of the personal data processing performed without use of the automation equipment.

2. To federal executive bodies to bring the acts concerning the personal data processing performed without use of the automation equipment into compliance with this resolution in a month.

3. This resolution becomes effective after one month from the date of its official publication.

 

Prime Minister

Russian Federation V. Putin

Approved by the order of the Government of the Russian Federation of September 15, 2008 No. 687

Regulations on features of the personal data processing performed without use of the automation equipment

I. General provisions

1. Personal data processing, containing in personal data information system or retrieved from such system (daleepersonalny data), is considered performed without use of the automation equipment (non-automated) if such actions with personal data as use, refining, distribution, destruction of personal data concerning each of subjects of personal data, are performed with direct participation of the person.

2. Personal data processing cannot be acknowledged performed with use of the automation equipment only on the ground that personal data contain in personal data information system or were retrieved from it.

3. Processing rules of personal data, performed without use of the automation equipment, established by regulatory legal acts of federal executive bodies, executive bodies of subjects of the Russian Federation, and also local legal acts of the organization, shall be applied taking into account requirements of this provision.

II. Features of the organization of the personal data processing performed without use of the automation equipment

4. Personal data in case of their processing performed without use of the automation equipment shall stand apart from other information, in particular by their fixing on separate material carriers of personal data (further - material carriers), in special Sections or on fields of forms (forms).

5. When fixing personal data on material carriers fixing on one material carrier of personal data which processing purposes are obviously not compatible is not allowed. For the processing of different categories of personal data performed without use of the automation equipment for each category of personal data the separate material carrier shall be used.

6. Persons performing personal data processing without use of the automation equipment (including the staff of the organization operator or persons performing such processing under the agreement with the operator), shall be informed on the fact of processing of personal data by them which processing is performed by the operator without use of the automation equipment, categories of the processed personal data, and also about the features and rules of implementation of such processing established by regulatory legal acts of federal executive bodies, executive bodies of subjects of the Russian Federation, and also local legal acts of the organization (in case of their availability).

7. When using standard document forms, nature of information in which assumes or allows inclusion in them of personal data (further - standard form), the following conditions shall be complied:

a) the standard form or the related documents (the instruction for its filling, cards, registers and logs) shall contain data on the purpose of the personal data processing performed without use of the automation equipment, name (name) and the address of the operator, surname, name, middle name and the address of the subject of personal data, source of receipt of personal data, terms of personal data processing, the list of actions with personal data which will be made in the course of their processing, the general description of the methods of personal data processing used by the operator;

b) the standard form shall provide field in which the subject of personal data can give mark about the consent to the personal data processing performed without use of the automation equipment - in need of receipt of written consent to personal data processing;

c) the standard form shall be constituted so that each of subjects of the personal data containing in the document had opportunity to get acquainted with the personal data containing in the document without violating the rights and legitimate interests of other subjects of personal data;

d) the standard form shall exclude consolidation of the fields intended for introduction of personal data which processing purposes are obviously not compatible.

8. When maintaining logs (registers, books) containing the personal data necessary for the single omission of the subject of personal data on the territory in which there is operator or in other similar purposes the following conditions shall be complied:

a) need of maintaining such log (the register, the book) shall be provided by the act of the operator containing data on the purpose of the personal data processing performed without use of the automation equipment, methods of fixing and structure of information requested from subjects of personal data, the list of persons (by name or on positions) having access to material carriers and responsible for maintaining and safety of the log (the register, the book), terms of personal data processing, and also data on procedure for the omission of the subject of personal data on the territory in which there is operator, without confirmation of authenticity of the personal data reported by the subject of personal data;

b) copying containing in such logs (registers, books) of information is not allowed;

c) personal data of each subject of personal data can be entered in such log (the book, the register) no more once in each case of the omission of the subject of personal data on the territory in which there is operator.

9. In case of incompatibility personal data processings, fixed on one material carrier are more whole if the material carrier does not allow to perform personal data processing separately from other personal data fixed on the same carrier, measures for ensuring separate personal data processing shall be taken, in particular:

a) in need of use or distribution of certain personal data separately from other personal data which are on the same material carrier copying of the personal data which are subject to distribution or use is performed by the method excluding simultaneous copying of the personal data which are not subject to distribution and use and used the copy of personal data (extends);

b) in need of destruction or blocking of part of personal data the material carrier with preliminary copying of the data which are not liable to destruction or blocking, the method excluding simultaneous copying of the personal data which are liable to destruction or blocking is destroyed or blocked.

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