Providing information about changes in personal data. We edit the personal data of the employee. Replacement of insurance certificate of compulsory pension insurance

Various events occur in the life of employees - marriage or divorce, the birth of children, a change of residence, etc. As a rule, the result is a change in surname, place of registration, a change in the data of an identity document. In such cases, the personnel officer faces the question: what documents should be changed and how? We will talk about this below.

Personal data

So, the personal data of the employee has changed. Article 85 of the Labor Code of the Russian Federation refers to them the information necessary for the employer in connection with labor relations and relating to a particular employee. Federal Law of July 27, 2006 N 152-FZ "On Personal Data" clarified what applies to such data. Based on paragraph 1 of Art. 3 of them include:

- surname, name, patronymic;

- gender, age;

- place of residence;

- marital status, presence of children, family ties;

- education, qualifications, professional training and information on advanced training;

- health status;

- habits and hobbies, including harmful ones (alcohol, drugs, etc.);

- business, other personal qualities that can contribute to the identification of a person.

Let us recall that, by virtue of Sec. 14 of the Labor Code of the Russian Federation, the employer is obliged to ensure the protection of personal data.

Firstly…

Did the worker change any credentials? He needs to be notified personnel division about it. How? Write an application in any form. You can prepare forms in advance, in specially designated columns of which employees will enter the changed data.

Secondly…

On the basis of such a statement, an order is drawn up (in any form) to amend the accounting documents and must be recorded in the journal. With this document, you need to familiarize the employee whose documents require changes, as well as accounting.

Thirdly…

Based on the order, changes should be made:

1. To a personal card (T-2 form). Rules for correcting information in this document no, so let's do this: cross out the old surname with one line and write a new one on top. The correction must be certified by the signature of a personnel officer and dated. The question arises: where to indicate the name of the document on the basis of which the surname is changed? We believe that it will not be a mistake to indicate his details in section X of the personal card.

You may have to change other items in section I of the personal card:

- p. 6 "Education" - if it was completed, then add it separated by a comma new record, and below enter the name educational institution and details of the document confirming the receipt of the appropriate level of education (for example, diploma, certificate);

- Clause 10 "Family Composition" can be supplemented with new information or deleted some entries;

- the information in clause 11 "Passport" is also sometimes changed, however, in the form of a personal card there is little space for entering new data, so you can draw up an A4 loose sheet on which to write down all the necessary data;

- p. 12 "Address of the place of residence" - cross out the old address and enter the new one.

2. In work book(the form of the form is approved by Resolution N 225). Since the work book is the main document about labor activity and the work experience of the employee, the procedure for making changes to it is strictly regulated, in particular, by the Instructions for filling out work books, approved by Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69. In accordance with clause 2.3 of the Instruction for changing entries in work books about the last name, first name patronymic and date of birth are made on the basis of a passport, birth certificates, marriage certificates, divorce certificates, changes in surname, name, patronymic and other documents and with reference to their number and date. At the same time, references to the relevant documents are made on the inside cover of the work book and are certified by the signature of the employer or a person specially authorized by him and the seal of the organization (or the seal of the personnel service).

Note!If an incorrect or inaccurate entry is found in the work book, it is corrected at the place of work where the corresponding entry was made. If the organization that made the incorrect or inaccurate entry is reorganized, then the correction is made by its legal successor, and in the event of the liquidation of the organization, by the employer at the new place of work on the basis of the relevant document (paragraphs 27, 28 of the Rules for maintaining and storing labor books).

Not only the full name, but also, for example, information about education, profession or qualifications can change. If they change, the entry on the first page (title page) of the work book about the new education, profession, specialty received is carried out by supplementing the existing entries (if they already exist) or filling in the corresponding lines without crossing out the previously made entries. By analogy with changing the full name, sometimes personnel officers make a reference to diplomas and other documents certifying receipt new specialty, profession and education, on the inside of the cover, although this is not provided for by regulations and is not a mandatory requirement.

3. In documents on military registration. Based on the Guidelines for the management military registration in organizations approved by the General Staff of the Armed Forces of the Russian Federation, the employer or the person responsible for maintaining military records in the company is required to report to the military registration and enlistment office not only information on the admission or dismissal of citizens liable for military service. It is also their responsibility to report the change:

- marital status;

— education;

— structural unit and positions;

- place of residence (place of stay).

So, it is necessary to fill out and hand over to the employee a sheet of information about changes in information about citizens who are registered with the military, in the form in accordance with Appendix 1 of Appendix 13 to methodological recommendations against a personal receipt in the journal of account sheets of messages and stubs to them.

If the employee did not report the changed information to the military commissariat (did not provide the employer with the spine of the message sheet with the mark of the military commissariat), then the person responsible for maintaining military records in the organization must send information to the military commissariat at the place of residence (place of stay) of citizens within two weeks in the form in accordance with Appendix 2 of Appendix 13 to the Guidelines. We give a sample form on page 43.

Intelligence

On changes in marital status, education, structural subdivision of the organization, position, place of residence or place of stay, health status (receipt of disability) of citizens registered in the military

4. As a certificate of state pension insurance. Based on clause 26 of the Instruction on the procedure for maintaining individual (personalized) records of information about insured persons, approved by Order of the Ministry of Health and Social Development of the Russian Federation of December 14, 2009 N 987n, the employee has the right to apply to the employer with an application for the exchange of an insurance certificate or for the issuance of its duplicate in case of a change in surname , name, patronymic, date of birth, place of birth or gender of the insured person, establishing inaccuracies or erroneous information contained in the insurance certificate.

Therefore, an employee of the personnel service, within two weeks from the date of receipt of such an application from the employee, must submit to the territorial body of the PFR an application for the exchange of an insurance certificate along with a list of documents. Application forms (ADV-2) and inventory (ADV-6) are approved by the Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 N 192p.

The Pension Fund, within a month after receiving the application for the exchange of the insurance certificate, makes a decision to exchange the insurance certificate or to refuse to exchange it.

The employer, within a week after receiving the insurance certificate with the changed data, issues it to the employee, who must check the correctness of the information contained in the insurance certificate and sign the accompanying sheet when receiving the certificate.

If it is not possible to issue an insurance certificate (the employee is on a long (more than one month) business trip, is sick, etc.), the correctness of the information in this document is checked by the personnel officer and signs for the employee in the accompanying sheet. Recall that it must be returned to the territorial body of the Pension Fund of the Russian Federation within a month after receiving the certificate.

5. In the policy of compulsory medical insurance. Paragraph 2 of Art. 16 of the Federal Law of November 29, 2010 N 326-FZ "On Compulsory Medical Insurance in Russian Federation”and the Rules of Compulsory Medical Insurance established that the employee is obliged to notify the medical insurance organization about a change in his last name, first name, patronymic, place of residence within one month from the day these changes occurred. If the employee's address of residence has changed, he must also choose a new medical insurance organization within one month if there is no medical organization at the new place of residence in which the citizen was previously insured.

Therefore, if the company is not a representative of the employee in the CHI fund, he must himself come to the medical insurance organization and draw up a new policy, submitting a document confirming the need for changes.

An employee whose personal data has changed is a supervisor

In this case, the personnel officer will have to extra work. So, if the head is also the founder legal entity, the personnel officer, together with the company's lawyer, must make changes to founding documents and charter.

Because in the same state registers contains information about the head of a legal entity, a person who has the right to act on behalf of the company without a power of attorney, about an individual entrepreneur, when changing the personal data of such persons, it is necessary to notify the tax authority.

Previously, on the basis of paragraph 5 of Art. 5 of the Federal Law of 08.08.2001 N 129-FZ "On state registration of Legal Entities and Individual Entrepreneurs, a legal entity, when changing information about the last name, first name, patronymic, place of residence and passport data of the head of the legal entity, was obliged to report this to the registering (tax) body within three working days from the moment of changing the specified information. Now, in connection with the adoption of the Federal Law of July 27, 2010 N 227-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law" On the Organization of the Provision of State and municipal services”, from July 1, 2011, this is not necessary. This obligation is assigned to the bodies that issue and replace documents proving the identity of a citizen of the Russian Federation on the territory of Russia, or registration individuals at the place of residence: they must transfer the changed information to electronic form no later than five working days from the date of issuance of the relevant document or registration of the said persons at the place of residence.

Personal (personal) data of employees are contained mainly in personnel and accounting documents. It is important to follow the sequence of actions when making changes to them.

Despite the fact that the legislation provides for the obligation of the employer to make changes only to the work book and personal T-2 card of the employee, as well as to replace the insurance certificate of compulsory pension insurance, in practice the list of documents requiring changes is much wider. Let's consider them.

Employee's application for amendments to accounting documents

An employee whose personal data has changed should submit an application for amending the documents containing them. The application is drawn up in any form, indicating the reasons for the changes. If we are talking about a change of surname, the application must be signed with the former surname, since the employee of the organization is still an employee with the old surname (see Fig. 1).

The employee attaches to the application copies of documents confirming the change in personal data (passport, certificate of registration (dissolution) of marriage, change of surname, name, patronymic, etc.). In the event of a change of surname due to marriage, it is not enough for the employee to provide only a marriage certificate, binding document There will also be a passport with a new surname.

Labor legislation does not establish the employer's obligation to issue an order to change the employee's personal data, but in order to convey information to all interested parties (HR and accounting), this order, from our point of view, is necessary.

From January 1, 2013, the obligation to apply in accounting only unified forms primary documents. Thus, from the indicated date, each organization independently develops and approves the forms of primary accounting documents, including the order to change personal data. When approving the form of the order, the requirements of the legislation on accounting should be observed (Article 9 of the Federal Law of December 6, 2011 No. 402-FZ).

The date of drawing up the order must correspond to the date of filing the application by the employee with the provision of copies of documents confirming the change in personal data (passport, certificate of registration (dissolution) of marriage, change of surname, name, patronymic, etc.). It is necessary to familiarize the employee with the order against the signature (see Fig. 2).

Making changes to the employee's employment contract

The issue of amending the employment contract when changing the personal data of the employee is not directly regulated by law. Some employers prefer to make changes by issuing an additional agreement to the employee's employment contract, but in accordance with Article 72 Labor Code the agreement is drawn up in the event of a change in the terms of the employment contract determined by the parties. If the information about the employee changes, the terms of the employment contract remain unchanged. Thus, we recommend that changes in personal information (amendments) be made directly to the text of the employment contract (both on the copy of the employee and on the copy of the employer), certifying the new information with the signatures of the employee and employer.

Changing data in the employee's work book

Changing entries in the work book about the last name, first name, patronymic is made on the basis of a passport, marriage certificate, divorce, change of last name, first name, patronymic and other documents and with reference to their number and date. These changes are made on the first page (title page) of the work book. The former surname or first name, patronymic is crossed out with one line and new data is recorded. Links to the relevant documents are made on the inside cover of the work book and are certified by the signature of the employer or a person specially authorized by him, the seal of the organization.

Book of accounting for the movement of work books and inserts in them

When an employee changes their last name, first name, patronymic, one should not forget about making changes to the book of accounting for the movement of work books and inserts in them. The legislation does not establish the procedure for amending the book of accounting for the movement of work books. In our opinion, in this situation it makes sense to apply the rules for correcting the last name, first name, patronymic in the employee's work book.

Changing data in the employee's personal card

Appropriate changes are made to the employee's personal card, as well as the details of the documents that were the basis for such changes. Changed data should be crossed out with one line and new ones should be indicated on top, a link should be made to supporting documents in the section “X. additional information”, certify the changes with a seal, signature of the employer or a person specially authorized by him. It is advisable to keep copies of supporting documents in the employee's personal file (if the employee's written consent to transfer copies of these documents is received).

Replacement of certificate of obligatory pension insurance

The individual personal account of the insured person is stored in the Pension Fund of the Russian Federation throughout the life of the insured person and does not change; when the personal data of the insured person changes, new data must be reflected in his individual personal account.

In order to transfer the changed personal data of an employee to the Pension Fund of the Russian Federation, the employer must fill out an application for the exchange of an insurance certificate in the ADV-2 form and an inventory of documents in the ADV-6-1 form. To confirm the receipt of a new certificate, the employee must sign the accompanying statement from the FIU. Further, within a month after receiving the certificate, the insured must return the accompanying statement to the territorial body of the PFR.

Actions of the employee without the participation of the employer

In this case, we are talking about replacing the certificate of registration with the tax authority, the policy of compulsory medical insurance and banking personal account worker.

TIN

When the data of an individual changes, the TIN number itself does not change, but the certificate of registration with the tax authority of an individual at the place of residence in the territory of the Russian Federation is subject to replacement, since there has been a change in the information given in it. When changing the surname, the replacement of the certificate of registration is carried out by the tax authority at the place of residence. If the place of residence changes, the replacement of the certificate is carried out by the tax authority at the new place of residence.

Compulsory health insurance policy

Effective May 1, 2011 new order issuance of CHI policies, according to which the registration and re-issuance of compulsory medical insurance for employees has ceased to be the responsibility of employers. To replace the CHI policy, the employee must independently apply to the insurance medical organization within one month from the date of the change in personal data.

bank card

In the case of transferring wages to a bank card, changes to the bank personal account are also carried out at the request of the employee upon personal contact with the bank.

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Quite often, an accountant "in passing" performs the role of a personnel officer. And this is not surprising, because personnel work most closely associated with the work of accounting. And although personnel documentation, in comparison with accounting, is just the same example of simplicity and clarity, nevertheless, personnel work sometimes throws complex tasks at the accountant.

In this article, we decided to limit ourselves to only the minimum necessary explanations for a particular situation that may raise questions from an accountant who performs the functions of a personnel officer. The main place in the article will be given to specific tools for solving the problem. After all, you see, finding an explanation of how to act in a given situation is usually not a big deal. It is much more difficult to find specifics - what exactly needs to be done, what documents and how to issue, etc.

Situation one: change of surname

Let's start with the most common situation, which, nevertheless, raises constant questions. We are talking about changing the name of an employee (more often an employee). Obviously, in this case, it will be necessary to make changes to personnel documentation, for example, to an employment contract, a work book and an employee's personal card. However, to make such changes, you need a reason. Such a basis will be documents confirming the change of surname submitted by the employee himself. But the fact that the employee submits these documents should be taken care of in advance, and include in the employment contract a standard condition that the employee is obliged to inform the employer about the change of full name, passport, place of residence and other personal data specified in the employment contract.

In principle, to start the procedure for making changes to personnel records, it is enough just to receive documents from the employee confirming the change of surname - new passport, marriage certificate. Copies of these documents must be made and certified with the stamp (seal) of the organization and the signature of the accountant. However, we recommend that you still ask the employee to sign the following statement:

Murashov E.D.

Demina R.K.

STATEMENT

In connection with the change of surname after the marriage (the former surname of Rykov, the new surname of Demin) and the receipt of a new passport, I ask you to make the necessary changes to the personnel and other documentation containing my personal data.

Applications:

2. A copy of the marriage certificate.

Demina R.K.

Receiving such an application will allow better organization of the document flow, since the documents on the change of surname will be "tied" to this application. This means that in a few years it will be clear to anyone who opens a personal file (including the inspector) why these documents are in the file, and what is important - at what point the organization became aware of the change in the name of the employee. In addition, if necessary, visas and other marks can be put on this application, if the document management system adopted in the organization suggests this.

Do not forget to immediately give the employee an application for signature in the ADV-2 form (approved by the Resolution of the Board of the Pension Fund of the Russian Federation of July 31, 06 No. 192p). This application is needed in order to start the procedure for replacing the state pension insurance certificate. You still have to do this, so it’s better to fill out all the applications at once and no longer distract the employee.

After receiving the application, you can prepare an order to amend personnel and other accounting documentation. So, in addition to the already named employment contract, work book and personal card, you will need to make changes to your personal account, vacation schedule, insurance premium card, card for. If a power of attorney was issued for an employee, then it will also have to be redone. In addition, if wages are transferred to a bank card issued by the employer, then the procedure for replacing the card will have to be initiated, and if the company provides the employee with VHI insurance, then the procedure for replacing the policy. Accordingly, all these points must be reflected in the order, which will look something like this:

LLC "First"

ORDER

I order:

1.1. Prepare supplementary agreement to an employment contract with Demina R.K., taking into account the change in her personal data (surname and passport data).

1.2. Enter in the work book of Demina R.K. name change information.

1.3. Add to the personal card of Demina R.K. information about the change of surname and passport data.

1.4. Make changes related to the change of Demina R.K. surnames, in the Timesheet, Vacation schedule and personal account.

1.5. Ensure accounting of new personal data of Demina R.K. when compiling tax reporting and reporting to off-budget funds.

1.6. Issue to Demina R.K. new power of attorney, simultaneously revoking the old one (dated January 1, 2019 No. 14-dVIP).

1.7. Notify company employees, counterparties and other interested parties that Demina R.K. a new power of attorney.

1.8. Prepare the documents required to replace a bank card issued by Demina R.K. within the framework of the salary project.

1.9. Prepare the documents necessary to replace the voluntary medical insurance policy issued by Demina R.K. within the framework of the corporate program of voluntary medical insurance.

1.10. Notify Demina R.K. on the need to submit an application for the replacement of the compulsory pension insurance certificate.

1.11. Notify Demina of the need to replace the compulsory medical insurance policy.

2. Responsible for the execution of this order to appoint the chief accountant of LLC "First" Beregovskaya N.I.

General Director E.D. Murashov

And already on the basis of this order, changes are made to personnel documents. Recall that changes to a personal card, work book and other personnel documents on paper are made as follows: obsolete information is crossed out with one line, and a new employee’s name and the reason for the change are written on top or next to it (depending on the form).

And the following additional agreement is signed to the employment contract:

SUPPLEMENTARY AGREEMENT

Krasnodar city

Society with limited liability"First", represented by General Director E.D. Murashov, acting on the basis of the Charter, hereinafter referred to as the Employer, on the one hand, and Demina Raisa Konstantinovna, hereinafter referred to as the Employee, on the other hand, hereinafter jointly referred to as the Parties,

concluded this Supplementary Agreement to the labor contract in force between the Parties (dated July 12, 2018 No. 24-td, hereinafter referred to as the Contract):

1. In connection with the change in the personal data of the Employee, according to the text of the Agreement, the surname "Rykova" should be replaced with "Demina" in the appropriate cases.

2. In connection with the change in the personal data of the Employee, the preamble of the Agreement shall be stated as follows:

“LLC “First”, represented by the General Director E.D. Murashov, acting on the basis of the Charter, hereinafter referred to as the Employer, on the one hand, and Demina Raisa Konstantinovna, passport series 4504 number 765432, issued on December 12, 2011 by the passport office No. 3 of the Federal Migration Service for Krasnodar, residing at the address: Krasnodar, st. Dzerzhinsky, d. 10, building. 2, apt. 15, hereinafter referred to as the Employee, on the other hand, hereinafter collectively referred to as the Parties, have concluded this employment contract as follows:

3. Signatures of the Parties:

Demin's worker

Employer Murashov

Situation two: replacement of a passport

The next situation that we will consider within the framework of today's topic is the receipt by an employee of a new passport. This is possible both on an emergency basis - in case of loss, damage, etc., and on a planned basis - passports are supposed to be exchanged at 20 and 45 years old (clause 7 of the Passport Regulations, approved by Decree of the Government of the Russian Federation dated 08.07.97 No. 828). In principle, the algorithm of actions in this case is similar to what we described above, in the case of a change of surname. However, there are fewer documents in which it will be necessary to make changes. These are an employment contract, a personal account, a personal card, a power of attorney and bank documents. Yes, and the accompanying papers are still drawn up a little differently.

First of all, we get a statement from the employee with something like this:

General Director of LLC "First"

Murashov E.D.

from a specialist in the department of work with VIP-clients
Demina R.K.

STATEMENT

In connection with the receipt of a new passport, I ask you to make the necessary changes to the personnel and other documentation containing my passport data.

Applications:

1. Copy of passport (all pages).

Demina R.K.

Based on this statement, the head issues an order. It lists the actions that must be taken to reflect changes in personnel and other documentation.

LLC "First"

ORDER

In connection with the received from Demina R.K. a statement in which she notifies the administration of LLC "First" about the change in personal data,

I order:

1.1. Prepare an additional agreement to the employment contract with Demina R.K., taking into account the change in her passport data.

1.2. Add to the personal card of Demina R.K. information about the change of passport data.

Since July 1, 2017, liability for violations when interacting with personal data of individuals has been significantly tightened. This follows from the provisions of Federal Law No. 13-FZ of February 7, 2017). The changes will affect all employers, without exception, who are associated with the processing of personal data of employees and individual contractors. Moreover, we can say that the amendments apply to almost the entire business community that interacts with the personal data of individuals (for example, site owners that collect personal data of visitors). How to prepare for change? Will fines increase? Who will detect violations in the processing of personal data? Let's figure it out.

Personal data: special information

Personal data of employees is any information, required by the employer in connection with labor relations and relating to a specific employee (clause 1, article 3 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”).

At the employer (organization or individual entrepreneur), the personal data of employees, most often, are summarized in their personal cards and personal files. At the same time, almost every HR manager or HR specialist knows that personal data can only be obtained personally from employees. If a personal information can only be obtained from third parties, then Russian legislation obliges to notify the employee about this and obtain written consent from him (clause 3 of part 1 of article 86 of the Labor Code of the Russian Federation).

Employers are not entitled to receive and process personal data that is not directly related to a person's work activity. That is, it is impossible to collect information, for example, about the religion of employees. After all, such information is a personal or family secret and can in no way be connected with the implementation job duties(clause 4 of part 1 of article 86 of the Labor Code of the Russian Federation).

Having received personal data, the employer, by virtue of the requirements of the law, is obliged not to distribute or disclose them to third parties without the consent of the employee (Article 7 of the Federal Law of July 27, 2006 No. 152-FZ).

Personal data can be understood as any information directly or indirectly related to a specific individual (subject of personal data) - paragraph 1 of Article 3 of the Federal Law of July 27, 2006 No. 152-FZ. Examples of such information may be surname, name, patronymic, date and place of birth, place of residence, etc.

How employers are required to protect personal data

In order to protect and limit access to personal data, the employer must ensure high-quality and modern system their protection. How exactly to do it? This question is decided by each employer independently. At the same time, the procedure for receiving, processing, transferring and storing personal data should be enshrined in a local act of the organization, for example, in the Regulation on the processing of personal data of employees (Articles 8, 87 of the Labor Code of the Russian Federation, clause 2, part 1, article 18.1 of the Federal Law of 27 July 2006 No. 152-FZ).

Also, the employer must officially appoint an employee who is responsible for working with personal data (part 5 of article 88 of the Labor Code of the Russian Federation). It can be, for example, an employee of the personnel department who interacts with personal files, receives the consent of employees for processing, maintains employee cards, etc.

Checks of the employer on the processing of personal data by him are carried out by divisions of Roskomnadzor. Order No. 312 of November 14, 2011 of the Ministry of Telecom and Mass Communications of Russia approved the Administrative Regulations for the implementation by Roskomnadzor of the functions of exercising state control (supervision).

What liability applies to employers

For violation of the procedure for obtaining, processing, storing and protecting personal data of employees, disciplinary, material, administrative and criminal liability is provided (Article 90 of the Labor Code of the Russian Federation, Part 1 of Article 24 of the Federal Law of July 27, 2006 No. 152-FZ). Let's look at each of these types of responsibility.

Disciplinary responsibility

Disciplinary liability for violations when working with personal data can be held accountable for employees who, by virtue of labor relations, are required to comply with the rules for working with personal data, but violated them (Article 192 of the Labor Code of the Russian Federation). That is, you can hold accountable, for example, the manager of the personnel department, who is entrusted with the relevant work. For a disciplinary offense of collecting, processing and storing personal data, the employer may punish his employee by applying one of the following penalties to him (part 1 of article 192 of the Labor Code of the Russian Federation):

• comment;
• rebuke;
• dismissal.

Material liability

An employee's material liability may arise if, in connection with a violation of the rules for working with personal data, an organization has caused direct actual damage (Article 238 of the Labor Code of the Russian Federation). Suppose that a responsible employee of the personnel department committed a gross violation - distributed the personal data of employees on the Internet. The workers, having learned about this, filed a lawsuit against the employer, which ruled: “to pay monetary compensation to the injured workers - 50,000 rubles each.” In such a situation, the employer has the opportunity to impose on the guilty employee of the personnel department a limited liability within the limits of his average monthly earnings (Article 241 of the Labor Code of the Russian Federation). Recovery of the damage caused can be carried out by order of the head no later than one month from the date of the final determination of the amount of damage caused by the employee. If the monthly period has expired, then you will have to recover the damage through the court. This procedure is provided for in Article 248 of the Labor Code of the Russian Federation.

Read also An example of an agreement on labor protection

With full liability, the employee will have to fully reimburse the organization for the entire amount of damage incurred in connection with violations in the field of personal data (Articles 242 and 243 of the Labor Code of the Russian Federation). However, as a rule, employees responsible for the processing of personal data are not fully liable.

Disciplinary and financial responsibility of the employer (for example, commercial organization) is used at its sole discretion. State regulatory bodies (including Roskomnadzor) do not participate in this process.

Administrative responsibility

For violation of the procedure for collecting, storing, using or distributing personal data of the employer and officials Regulatory authorities can bring to administrative responsibility in the form of fines, which can be:

• for officials (for example, CEO, chief accountant, personnel officer or individual entrepreneur): from 500 to 1000 rubles;
• for an organization: from 5,000 to 10,000 rubles.

A separate (independent) fine for officials for disclosing personal data in connection with the performance of official or professional duties ranges from 4,000 to 5,000 rubles. Such liability measures are described in Articles 13.11 and 13.14 of the RF Code of Administrative Offenses.

Criminal liability

Criminal liability for the director, chief accountant or head of the human resources department of the company or another person responsible for working with personal data may occur for illegal actions:

• collection or dissemination of information about privacy an employee that constitutes his personal or family secret without his consent;
• dissemination of information about the employee in a public speech, a publicly displayed work or in the media.

For such violations in terms of handling personal data, the following criminal liability measures are allowed:

• a fine of up to 200,000 rubles (or in the amount of the convict's income for a period of up to 18 months);
• compulsory work for up to 360 hours;
• correctional labor for up to one year;
• forced labor for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it;
• arrest for up to four months;
• imprisonment for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

The same acts committed by a person using his official position are punished more severely:

• a fine from 100,000 to 300,000 rubles. (or in the amount of the convict's income for a period of one to two years);
• deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years;
• forced labor for up to four years with or without deprivation of the right to hold certain positions or engage in certain activities for up to five years;
• arrest for a term of four to six months;
• imprisonment for up to four years with deprivation of the right to hold certain positions or engage in certain activities for up to five years (Article 137 of the Criminal Code of the Russian Federation).

What will change from July 1, 2017

Federal Law of 07.02. 2017 No. 13-FZ expanded the list of grounds for bringing an employer to administrative responsibility in the field of personal data protection, and also increased the amount of administrative fines. This law comes into force on July 1, 2017. Let's say right away that administrative responsibility in the field of personal data has been significantly tightened. At the same time, the following is important: instead of the only type of administrative responsibility described in Article 13.11 of the Code of Administrative Offenses of the Russian Federation, seven will appear. Thus, for various violations of employers in the field of personal data, different penalties can be applied. If there are several violations for different compositions, then, accordingly, the number of fines may increase. Let us explain the new offenses in more detail.

Violation 1: processing of personal data for “other” purposes

From July 1, 2017, the processing of personal data in cases not provided for by law, or the processing of personal data that is incompatible with the purposes of collecting personal data are independent types of administrative violation (part 1 of article 13.11 of the Code of Administrative Offenses of the Russian Federation). Let's give an example: an employer organization collects personal data of employees and transfers this data to third-party companies for advertising purposes (names, telephone numbers, regions of residence, income level are transferred). Then advertising firms begin to send various spam and promotional offers to employees by phone, e-mail and home addresses. If such actions of the employer do not reveal the criminal corpus delicti, then it will be possible to apply administrative liability. From July 1, 2017, the administrative penalty may be as follows:

• or warning;
• or fines.

Violation 2: processing personal data without consent

Processing of personal data by the employer, according to general rule, is possible only with the written consent of the employees. Such consent must include the following information (Part 4 of Article 9 of the Law of July 27, 2006 No. 152-FZ):

• Full name, address of the employee, details of the passport (other document proving his identity), including information about the date of issue of the document and the issuing authority;
• the name or full name and address of the employer (operator) receiving the consent of the employee;
• purpose of personal data processing;
• a list of personal data for the processing of which consent is given;
• the name or full name and address of the person carrying out the processing of personal data on behalf of the employer, if the processing is entrusted to such a person;
• a list of actions with personal data for which consent is given, general description methods used by the employer to process personal data;
• the period during which the consent of the employee is valid, as well as the method of its withdrawal, unless otherwise provided by federal law;
• employee's signature.

From July 1, 2017, the processing of personal data without the consent of the employee in writing, or if the written consent does not contain the information indicated above, this is an independent administrative violation provided for in Part 2 of Article 13.11 of the Code of Administrative Offenses of the Russian Federation. Penalties are possible for it:

Violation 3: access to the privacy policy

The operator of personal data (for example, an employer or a website) is obliged to publish or otherwise provide unrestricted access to a document defining its policy regarding the processing of personal data, to information about the implemented requirements for the protection of personal data. An operator that collects personal data on the Internet (for example, through a website) is obliged to publish on the Internet a document that defines its policy regarding the processing of personal data and information about the requirements for the protection of personal data that are being implemented, as well as provide access to this document. This is provided for by paragraph 2 of Article 18.1 of the Law of July 27, 2006 No. 152-FZ.

Many Internet users face this obligation in practice. So, for example, when you leave any application on the sites and indicate your full name and e-mail, you can pay attention to the link to such documents: “Personal Data Processing Policy”, “Personal Data Processing Regulation”, etc. . However, it is worth recognizing that some sites neglect this and do not provide any link. And it turns out that a person leaves a request on the site, does not know for what purposes the site collects personal data.

Some employers also post available vacancies on their websites and invite candidates to fill out an “About Me” form. In such cases, the website must also provide access to the "Personal Data Processing Policy".

Since July 1, 2017, in part 3 of article 13.11 of the Code of Administrative Offenses of the Russian Federation, an independent offense has been singled out - failure by the operator to publish or provide unlimited access to a document with a policy on the processing of personal data or information on their protection. Liability under this article may look like a warning or administrative fines:

Violation 4: withholding information

The subject of personal data (that is, the individual who owns this data) has the right to receive information regarding the processing of his personal data, including the content (part 7 of article 14 of the Law of July 27, 2006 No. 152-FZ) :

1. confirmation of the fact of processing personal data by the operator;
2. legal grounds and purposes of personal data processing;
3. the purposes and methods used by the operator for processing personal data;
4. the name and location of the operator, information about persons (excluding employees of the operator) who have access to personal data or to whom personal data may be disclosed on the basis of an agreement with the operator or on the basis of federal law;
5. processed personal data relating to the relevant subject of personal data, the source of their receipt, unless a different procedure for the provision of such data is provided by federal law;
6. terms of processing personal data, including the terms of their storage;
7. the procedure for the exercise by the subject of personal data of the rights provided for by this Federal Law;
8. information about the performed or proposed cross-border data transfer;
9. the name or surname, name, patronymic and address of the person who processes personal data on behalf of the operator, if the processing is or will be entrusted to such a person;
10. other information provided for by the Federal Law or other federal laws.

The Regulation on Personal Data establishes the obligation of the employee to notify the employer of changes in personal data, within a period not exceeding 5 calendar days. Is it legal to establish such an obligation for an employee in a local regulatory act?

Yes, it's legal.

In the Regulation on personal data developed by the organization, it is possible to establish the obligation of an employee to report changes in his data within the prescribed period, the provisions of the Labor Code of the Russian Federation on local acts of the organization (Article 8 of the Labor Code of the Russian Federation) allow this. The requirements of the employer's local regulations are binding on employees (with the exception of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts). Employees must be familiarized with such a local normative act against signature.

In addition, such an obligation can be fixed in the employment contract with the employee.

At the same time, it is better to decipher what is meant by personal data (change of registration, full name or other passport data, change in marital status or family composition). It is also necessary to establish not only the deadline, but also the procedure for submitting changes (in what form to report whether the submission of original documents is required, whether to provide copies of them).

The Regulation on Personal Data of Employees can provide, for example, the following wording: “ In a timely manner, within a reasonable time, not exceeding 5 working days, the employee is obliged to inform the employer personally or through his legal representative(you can specify a specific department, the position of the responsible employee), about changing your personal data, and submit original supporting documents».

How to draw up a Regulation on working with personal data of employees

An example of obtaining personal data of an employee from a previous employer

Employee of the organization E.V. Ivanova got a job in the Alpha organization in February 2013. In the same year, she went on maternity leave. In 2014, the employee goes on parental leave. Due to the fact that in 2013 the employee was in maternity leave, to calculate the allowance for caring for a child up to 1.5 years old, Ivanova asked to replace the 2013 billing period with 2010, which she completely worked out for another employer. Since Ivanova left her previous employer in January 2013, upon dismissal she was given a certificate of earnings for 2012 and 2011 (clause 3, part 2, article 4.1 of the Law of December 29, 2006 No. 255-FZ).

Accordingly, information about the earnings of an employee in 2010 new employer("Alpha") does not have.

Consent of an employee to the processing of personal data

After receiving the employee's personal data, the employer needs to process them.

As a general rule, the processing of such data can only be carried out with the written consent of the employees. The consent must contain information about the amount of data being processed, the purposes, methods of processing, information about who processes the data, the period during which the consent of the employee is valid, and his signature (part 4 of article 9 of the Law of July 27, 2006 No. No. 152-FZ).

Labor Code of the Russian Federation

“Article 5. Labor legislation and other acts containing norms labor law

The regulation of labor relations and other relations directly related to them in accordance with the Constitution of the Russian Federation, federal constitutional laws is carried out:

labor legislation (including legislation on labor protection), consisting of this Code, other federal laws and laws of the constituent entities of the Russian Federation containing labor law norms;

other normative legal acts containing labor law norms:

decrees of the President of the Russian Federation;

Decrees of the Government of the Russian Federation and regulatory legal acts of federal bodies executive power;

normative legal acts of the executive authorities of the constituent entities of the Russian Federation;

normative legal acts of local governments.

Labor relations and other directly related relations are also regulated by collective agreements, agreements and local regulations containing labor law norms.

Labor law norms contained in other federal laws must comply with this Code.

In case of contradictions between this Code and another federal law containing labor law norms, this Code shall apply.

If a newly adopted federal law containing labor law norms contradicts this Code, then this federal law shall be applied subject to the introduction of appropriate amendments to this Code.

Decrees of the President of the Russian Federation containing labor law norms must not contradict this Code and other federal laws.

Decrees of the Government of the Russian Federation containing labor law norms must not contradict this Code, other federal laws and decrees of the President of the Russian Federation.

Normative legal acts of federal executive bodies containing labor law norms must not contradict this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

The laws of the constituent entities of the Russian Federation containing labor law norms must not contradict this Code and other federal laws. Normative legal acts of the executive authorities of the constituent entities of the Russian Federation shall not contradict this Code, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation and regulatory legal acts of the federal executive authorities.

Local self-government bodies have the right to adopt regulatory legal acts containing labor law norms within their competence in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Article 8. Local regulations containing labor law norms

Employers, with the exception of employers - individuals who are not individual entrepreneurs, adopt local regulations containing labor law norms (hereinafter referred to as local regulations), within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms , collective agreements, agreements.

In the cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, the employer, when adopting local regulations, takes into account the opinion of the representative body of employees (if such a representative body exists).

The collective agreement, agreements may provide for the adoption of local regulations in agreement with the representative body of employees.

The norms of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, as well as local regulations adopted without observing the procedure established by Article 372 of this Code for taking into account the opinion of the representative body of employees , are not applicable. In such cases, apply labor law and other normative legal acts containing labor law norms, collective agreement, agreements.

Article 86 General requirements when processing personal data of an employee and guaranteeing their protection

3) all personal data of the employee should be obtained from him. If the employee's personal data can only be obtained from a third party, then the employee must be notified of this in advance and written consent must be obtained from him. The employer must inform the employee about the purposes, intended sources and methods of obtaining personal data, as well as the nature of the personal data to be obtained and the consequences of the employee's refusal to give written consent to receive them;

Article 87. Storage and use of personal data of employees

The procedure for the storage and use of personal data of employees is established by the employer in compliance with the requirements of this Code and other federal laws.

“2.4. The employee provides the employer with reliable information about himself. The employer checks

reliability of information, comparing the data provided by the employee with those available to

employee documents.

2.5. When changing personal data, the employee notifies the employer in writing about

such changes within a reasonable time, not exceeding 14 days.

2.6. If necessary, the employer will request additional information from the employee.

The employee provides the required information and, if necessary, presents documents

confirming the accuracy of this information.

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