question of the Kyrgyz Republic

[Андрей Захаров]

Dear colleagues))) Here I have a question for representatives of this area of activity-KR ...
Whether in the course of this activity, the KR is processing personal data, collecting, storing information classified as “personal data.” If working with this category of information, do they have legal grounds for collecting, storing, processing personal data in in light of the legislation in the Russian Federation governing this type of activity.
In order that the essence of the issue would be clear, I give an interpretation of the concepts specified in the Law:
- Personal data - any information relating to a specific person (subject of personal data) defined or determined on the basis of such information, including his last name, first name, middle name, year, month, date and place of birth, address, family, social, property position, education, profession, income, other information.
-Processing of personal data-collection, systematization, accumulation, storage, clarification, updating, modification, depersonalization, blocking, destruction, use, distribution and transfer.
Thanks in advance for the answers)))

 

[Гудимов Анатолий Геннадиевич]

Terms of processing personal data.

1. The processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data.
2. The processing of personal data is necessary to achieve the goals stipulated by the international treaty of the Russian Federation or the law, to carry out and fulfill the functions, powers and obligations assigned to the operator by the legislation of the Russian Federation.
3. The processing of personal data is necessary for the administration of justice, the execution of a judicial act, the act of another body or official to be executed in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter - the execution of a judicial act).
4. The processing of personal data is necessary for the provision of state or municipal services in accordance with Federal Law of July 27, 2010 N 210-ФЗ "On the organization of the provision of state and municipal services", to ensure the provision of such services, for registration of the subject of personal data on a single portal state and municipal services.
5. The processing of personal data is necessary for the execution of a contract to which either the beneficiary or guarantor is the subject of personal data, as well as for the conclusion of a contract at the initiative of the personal data subject or the contract under which the personal data subject will be the beneficiary or guarantor.
6. The processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data, if obtaining the consent of the subject of personal data is impossible.
7. The processing of personal data is necessary to exercise the rights and legitimate interests of the operator or third parties or to achieve socially significant goals, provided that this does not violate the rights and freedoms of the subject of personal data.
8. The processing of personal data is necessary for the professional activities of a journalist and (or) the legitimate activities of the media or scientific, literary or other creative activities, provided that this does not violate the rights and legitimate interests of the subject of personal data.
9. The processing of personal data is carried out for statistical or other research purposes, with the exception of the purposes specified in Article 15 of this Federal Law, subject to the mandatory depersonalization of personal data.
10. Processing of personal data is carried out, access to an unlimited number of persons to which is provided by the subject of personal data or at his request (hereinafter - personal data made publicly available by the subject of personal data).
11. The processing of personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.
[DLMURL="https://en.wikipedia.org/wiki/%CE%E1%F0%E0%E1%EE%F2%EA%E0_%EF%E5%F0%F1%EE%ED%E0%EB % FC% ED% FB% F5_% E4% E0% ED% ED% FB% F5 "] https://en.wikipedia.org/wiki/%CE%E1%F0% ... D% ED% FB% F5 [/ DLMURL]

 

[Бедеров Игорь Сергеевич]

Dear colleagues))) Here I have a question for representatives of this area of activity-KR ...
Whether in the course of this activity, the KR is processing personal data, collecting, storing information classified as “personal data.” If working with this category of information, do they have legal grounds for collecting, storing, processing personal data in in light of the legislation in the Russian Federation governing this type of activity.
In order that the essence of the issue would be clear, I give an interpretation of the concepts specified in the Law:
- Personal data - any information relating to a specific person (subject of personal data) defined or determined on the basis of such information, including his last name, first name, middle name, year, month, date and place of birth, address, family, social, property position, education, profession, income, other information.
-Processing of personal data-collection, systematization, accumulation, storage, clarification, updating, modification, depersonalization, blocking, destruction, use, distribution and transfer.
Thanks in advance for the answers)))

I will explain how I understand. KR is engaged in strategic, tactical and operational intelligence. As part of the strategy and tactics, the Kyrgyz Republic analyzes information in the public domain (it may not generalize and even systematize). In operational intelligence - responds to risks that have already occurred - in general, this can be called an investigation.

Collecting personal data as a goal, in this way. not conducted. But, conducting a search, we cannot but encounter them. Otherwise, under the same Law, it is urgent to close all social networks !!!

 

[Роберт]

The true truth.

 

[JR Security Consulting Group]

I do not quite understand ... there is a Law on the protection of personal data and there are individuals and legal entities that can violate the law and whether to live and work without violating the law. And here is BH or KR ??? Why attract and invent, it is not clear what and why?

 

[Бедеров Игорь Сергеевич]

I do not quite understand ... there is a Law on the protection of personal data and there are individuals and legal entities that can violate the law and whether to live and work without violating the law. And here is BH or KR ??? Why attract and invent, it is not clear what and why?

That's it, work and don't break. The code we must honor. And if you break, then do not get caught.

 

[Роберт]

The problem is different. For example, I walk down the street and find a postcard (with computers similarly). Raise, read: D. There are all addresses and a purely personal text. What did I violate in accordance with the current legislation of the Russian Federation? What is my punishment? : D

 

[Плотников Юрий Михайлович]

The problem is different. For example, I walk down the street and find a postcard (with computers similarly). Raise, read: D. There are all addresses and a purely personal text. What did I violate in accordance with the current legislation of the Russian Federation? What is my punishment? : D

No matter how! As you present, it will be so!

 

[Ющук Евгений Леонидович]

In order that the essence of the issue would be clear, I give an interpretation of the concepts specified in the Law:
- Personal data - any information relating to a specific person (subject of personal data) defined or determined on the basis of such information, including his last name, first name, middle name, year, month, date and place of birth, address, family, social, property position, education, profession, income, other information.
-Processing of personal data-collection, systematization, accumulation, storage, clarification, updating, modification, depersonalization, blocking, destruction, use, distribution and transfer.
Thanks in advance for the answers)))

The Law on Personal Data is very complicated. Not only that, there are some nuances buried in the depths, but it also changes, constantly updated.
This is due to the fact that this Law was adopted in a hurry because it was necessary to comply with some of the international obligations.
As an example, I can say about the data from the Internet that it became possible to collect after amendments to the Law were made, which, in turn, was a reflection of the grievances about its inconsistency with the realities.

Therefore, if you want an answer in a general way, it is something like this: "Not every person’s data collection or storage is automatically covered by the ZoA." If you want specifics, then it is best for you to contact Alexander Tokarenko, outlining the essence of the specific situation that has raised your questions. This is one of the leading experts on Trade Secret and Personal Data. Both theory and practice are known to him better than the vast majority of people. And, as far as I know, he also works in commissions on changes in ZoPD.
Alexander is also a member of the Community of Practitioners of Competitive Intelligence.

Here you can chat with him:
https://www.facebook.com/alex.toparenko?ref=ts&fref=ts

 

[Ющук Евгений Леонидович]

One example of how ZoPD is not violated when working with the Internet I gave at this Forum at the end of this material:
com / viewtopic.php? f = 345 & t = 11018

I will quote it again.

UPDATED 01/29/2012
In connection with this case, a number of readers have a question: is such collection and analysis of information not a violation of the Law of the Russian Federation "On Personal Data"? In this case, I recall, the person involved repeatedly asked him to deanonymize. However, it is clear that the question is also more general in nature, in principle, concerns such studies.

The answer was given at the Forum of the Community of Practitioners of Competitive Intelligence by one of the best Russian experts on personal data and trade secrets Alex Toparenko:

"We look at the revised edition after July 25, 2011:

Section 6. Conditions for the processing of personal data
1. The processing of personal data must be carried out in compliance with the principles and rules provided for by this Federal Law. The processing of personal data is allowed in the following cases:

10) the processing of personal data is carried out, access to an unlimited number of persons to which is provided by the subject of personal data or at his request (hereinafter - personal data made publicly available by the subject of personal data);


T.ch. generalization of PD disclosed by the subject on the Web and their analysis will not be a violation "