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||   LEGISLATIVE BASE

Part 3  >  Section 3  >  Chapter 14. PROTECTION OF PERSONAL INFORMATION OF AN EMPLOYEE

ARTICLE 86.   General requirements to processing personal information of an employee and warranties of protection of this information

To guarantee human rights and freedoms of a citizen, employer [one] and his representatives must follow the general requirements [two] listed below during processing of personal information [three] of an employee:

1. processing of personal information of an employee [four] can be performed only to assure compliance [five] to laws and other legislative standard acts, aiding [six] employees in employment, education and promotion, assuring personal [seven] safety of employees, control of quality and quantity of performed [eight] work and guaranteeing safety of organization's property;

2. [nine] an employer must follow regulations of the Constitution of the Russian [ten] Federation, this Code and other federal laws [one] for determination of volume and content of processed personal information [two] of an employee;

3. all personal information of an employee [three] can be received only directly from employee. [four] If personal information of an employee can be only [five] received from a third party, then employee must [six] be notified of it in advance and written permission [seven] of employee is required. Employer must inform [eight] employee about purpose, possible sources and means [nine] of receiving personal information and about type of necessary [ten] personal information and consequences of refusal of employee to provide [one] a written permission on receiving of necessary personal information; [two]

4. an employer has no right to receive [three] and process personal information about political, religious [four] and other convictions of an employee and personal information about [five] private life of an employee. According to Article 24 [six] of the Constitution of the Russian Federation, an employer has right [seven] to receive and process personal information about private [eight] life of an employee only with written permission [nine] of an employee and only in cases when this information [ten] is relevant to job relationship;

5. an employer [one] has no right to receive and process personal [two] information of an employee about membership of an employee in professional [three] organizations, public organizations and about activities of an employee [four] in trade unions, except cases specified by a federal [five] law;

6. an employer has no right [six] to base on personal information of an employee that was [seven] received electronically or as a result of automated processing in making [eight] decisions concerning this employee;

7. protection [nine] of personal information of an employee from improper usage, damage [ten] or loss must be guaranteed by an employer on expenses [one] of an employer. The order of this protection is specified [two] in federal law;

8. employees and their representatives [three] must be acquainted with documents of an organization [four] that regulate order of processing of personal information [five] of employees and with rights and obligations of employees in this [six] area. Confirmation of employees is required after [seven] this acquaintance;

9. employees must not [eight] renounce their rights on keeping and protection of their [nine] secrets;

10. employers, employees and their representative [ten] must together work on the development of measures for protection [one] of personal information of employees.

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