The rules for the processing of personal data in the Russian Federation have been approved at the legislative level, and periodically the recommendations of Roskomnadzor, the body controlling this area, are updated.
Therefore, you should keep track of recent changes and understand when it will be necessary to notify this organization about the processing of personal data, and how this can be done correctly.
Preparation of the document with the notification is one of the most important nuances, which will make it possible not to violate the norms and at the same time competently cooperate with the RKN.
Who makes out the document
The rules of how it is necessary to process personal information of the population, and what other responsibilities companies have in acting as operators, are set out in Law 152-ФЗ “On Personal Data”.
It says that before starting such an activity, the company must notify Roskomnadzor.
At the same time, there are certain norms on how to do this correctly; they can be found in the Methodological Recommendations for Notifying the Authorized Body.
The nuances that have been in effect since 2011 are no longer valid, as are the recommendations from 2016, since the date of the last changes was August 21, 2017.
According to the law, any operator must notify Roskomnadzor about activities related to the processing of personal data.
The company receives such status if it somehow works with information requested from citizens and related to the category of personal.
So, when a firm receives information about the place of residence of customers, their passport details or other information that can associate them with a particular person, be sure to send documentation to the supervising organization.
But there are exceptions to this rule, for example in the following situations:
- if the company collects and processes information only among its employees;
- personal information is used only for the formation of contracts, for example, when the agreement indicates the data of a representative of another company;
- processing is not related to the use of automation methods.
In all other situations, Roskomnadzor should receive relevant information on the conduct of such activities.
This should be done by forming a document created in accordance with the form approved in legal regulations. On the site of the RKN, you can see what the notification looks like and what data it should include.
This department forms the register of operators of personal data of citizens, and after sending the notification there, within a month, the document will be processed and entered into the register of all managers. And about the successful introduction can be found directly on the official resource.
You can use not only the standard method of transmitting the document, that is, paper, but also use the electronic method.
For this you need to fill out the notification, taken on the site, then the document is printed. An electronic digital signature of the responsible person is put on it and sent via e-mail.
Also, the functionality of the “Gosuslugi” resource is suitable for this, which will be the fastest and most convenient way.
When filling out a paper document, you can either take it personally or use postal services by creating a registered letter with an inventory of the contents and notification of the arrival to the recipient.
If this is not done on time, the company will be brought to administrative responsibility according to the Administrative Code of the Russian Federation.
Citizens according to these norms will be forced to pay from 100 to 300 rubles of collection, officials will be fined 300-500 rubles, and the company as a whole, as a legal entity, will receive a sanction of 3-5 thousand rubles.
In general, the notification of the RKN about the ongoing processing of personal data and their collection does not differ in a complex format, but should contain information about what kind of information is collected, for what purpose, and what is used for both collecting and processing data.
Thus, when submitting the relevant notice, you should specify the following information: