Dear colleagues))) Answering a number of questions related to the Law on the Protection of Personal Data, you should probably pay attention to the following circumstances (circumstances referred to in the Law itself):
- The scope of this Law, i.e. which legal relations are regulated by this Law.
Article 1. Scope of this Federal Law
1. This Federal Law shall govern relations related to the processing of personal data carried out by federal government bodies, government bodies of the constituent entities of the Russian Federation, other state bodies (hereinafter referred to as state bodies), local governments, other municipal bodies (hereinafter referred to as municipal bodies) , by legal entities and individuals using automation tools, including in information and telecommunication networks, or without using such tools, if the processing of personal data without the use of such means is consistent with the nature of actions (operations) performed with personal data using automation means, that is, it allows, in accordance with a given algorithm, to search for personal data recorded on a physical medium and contained in file cabinets or other systematic collections of personal data, and (or) access to such sleepy data.
2. The effect of this Federal Law does not apply to relations arising from:
1) the processing of personal data by individuals exclusively for personal and family needs, if this does not violate the rights of subjects of personal data;
2) the organization of storage, acquisition, accounting and use of documents containing personal data of the Archival Fund of the Russian Federation and other archival documents in accordance with the legislation on archival affairs in the Russian Federation;
3) has lost force. - Federal Law of 25.07.2011 N 261-ФЗ;
4) the processing of personal data referred in the established manner to information constituting a state secret;
5) the provision by authorized bodies of information on the activities of courts in the Russian Federation in accordance with Federal Law of December 22, 2008 N 262-ФЗ "On providing access to information on the activities of courts in the Russian Federation"
Based on the meaning of this norm, part 1, this law does not regulate all activities related to the collection and storage of personal data, but only activities that are associated with “databases-”, i.e. Not just related to personal data, but PD recorded on material media and contained in file cabinets or other systematic collections of personal data ... ”, allowing, in accordance with a given algorithm, to search for personal data ... Further, in the text ... So Thus, data collection activities that are not related to the use of the DB by this Law are not regulated and, accordingly, are not regulated ... Simply put, this law does not apply to the methods of collecting information that can be implemented without using the database ... Hence, the corresponding conclusions...
regarding Part 2 of the above article, these relations are also directly related to the database ... If there are no databases, this Law is not acceptable ...
Further, regarding persons who may, in accordance with this Law, carry out the activities of an “operator” under this Law ...
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:
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;
As follows from the disposition of this paragraph, a person can process the data contained in the database, if necessary to achieve the goals ... (hereinafter) ...
Based on these provisions of this Law, the BH has all the features reflected in this paragraph ... (see the Federal Law on BH and IOD)
Article 1. Private detective and security activities
Private detective and security activities are defined by this Law as the provision on a contractual basis of services to individuals and legal entities that have special permission (license) of internal affairs bodies by organizations and individual entrepreneurs in order to protect the legitimate rights and interests of their clients.
Proceeding from this provision, the Federal Law on the Black Sea Region and the Black Sea Region IOD have the goal of protecting the rights and legitimate interests of their clients, which they exercise by providing services within the framework of the functions, powers and duties established by the Law ... So that everything fits ...
A complete analysis of the above Law requires a lot of time ... Which is sorely lacking ... If you want, try to analyze it in full .... Then the picture will become more complete and clear ...