Detectives are leaving ...

[Дмитрий ЦЭББ Калининград]

Good afternoon, colleagues and friends!
How do you like the article?

[DLMURL="https://cabis.umi.ru/allnews/detektivy_uhodyat_specialisty_po_delovoj_razvedke_ostayutsya_pochemu_tak_proishodit/"] https://cabis.umi.ru/allnews/detektivy_u ... / roishMod /

DETECTIVES LEAVE, BUSINESS EXPLORATION SPECIALISTS REMAIN. WHY IS THIS HAPPENING?
There is a difficult situation in the market of information and analytical work: the widespread development of business intelligence - a legal, completely legal approach to the collection and analysis of information - causes a sense of fear and misunderstanding among people who are used to working illegally or semi-illegally.

Indeed, modern intelligence operatives of law enforcement agencies and special services are beginning to master the methods of business intelligence. An example of this is, inter alia, my lectures for state intelligence agencies, publications, and the activities of other specialists in competitive and commercial intelligence. Why is this happening?

The reform of the Ministry of Internal Affairs has released a large number of people who previously engaged in detective work only within the system. Some of these comrades settled in the security services, others work like ordinary “co-workers”, and some try to hide behind a license for private detective work. The following problem arises from this - detectives began to be considered only as sellers of special events conducted only by law enforcement agencies. However, we live in a state of law, therefore, the demand for legal methods of work among customers is growing - because there are few who want to go to a criminal article and go to court with a “steam locomotive” for a half-gangster who pretended to be a detective, and even as a customer of a crime. Even in the hinterland, where due to corrupt ties with individual law enforcement officials, the masters of illegal investigation are still able to earn money, it is becoming increasingly difficult.

In general, legal methods of work, and hence business intelligence, as their medium, are gaining points. Private detectives working with legal methods willingly take her tools into service. Because it allows you to expand the capabilities of a private investigation, to reduce its risks and cost. In this article, I would like to open the curtain of secrets to just one of the main functions of security experts, in disputes about the legality of which many copies of lawyers and human rights defenders were broken - personnel checks. In this article I want to disclose those methods and methods that will allow the employer to independently verify candidates for work. I’ll tell you about the legislative basis of such an audit and the risks of their violation. In a word - it will be useful and interesting. All resources described in this article are publicly available, and their use is completely legal.

The system for checking personnel and job candidates consists in collecting and systematizing information about an individual, employee, or candidate for a vacant position. Information is collected using open, public sources of the Internet or through specialized queries to Internet search engines (such as Yandex, Google). Thus, the methods of collecting information do not violate applicable law. To conduct the audit, we will need documents that any candidate hired to provide. These include: passport, TIN, insurance certificate, diploma of education. In addition to this list, a person must, on a mandatory basis, receive the following: a completed application form for the candidate (indicating previous employment) and, most importantly, a person’s written consent to process and verify personal data.

Let's move a little away from our main topic in order to talk about the legislative framework for checking employees and applicants. So, according to Art. 137 of the Criminal Code, the illegal collection or dissemination of information about the private life of a person constituting his personal or family secret, without his consent, or the dissemination of this information in a public speech, publicly displayed work or the media - shall be punishable by a fine in the amount of up to two hundred thousand rubles or the amount of the convicted person’s salary or other income for a period of up to eighteen months, either by compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or forced labor for a term of up to two years with the deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or arrest for a term of up to four months, or imprisonment for a term of up to two years with the deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.

Let’s try to find out how we can legitimately verify the information claimed by an individual candidate for work. Art. 24 of the Constitution of the Russian Federation reads: "The collection, storage, use and dissemination of information about the private life of a person WITHOUT ITS AGREEMENT is not allowed." Let's try to figure out if we have the right, in principle, not being law enforcement officers to carry out such checks. For this, we turn to Art. 8 of the Law "On Information, Information Technologies and the Protection of Information": "Citizens (individuals) and organizations (legal entities) (hereinafter - organizations) have the right to search and receive any information in any form and from any sources, subject to compliance with the requirements, established by this Federal Law and other federal laws. " Now we will touch upon the sources of information that we can use to verify personal data, Art. 7 of the Law "On Information, Information Technologies and the Protection of Information" states: "Publicly available information includes publicly known information and other information that is not restricted to access. Publicly available information may be used by any person at their discretion, subject to the restrictions imposed by federal laws regarding distribution "Information posted by its owners on the Internet in a format that allows automated processing without prior changes by a person for the purpose of reusing it is publicly available information posted in the form of open data." Art. 8 of the Law "On Personal Data" tells us where, in part, we can get information about the person being verified: "For the purpose of information support, publicly available sources of personal data (including directories, address books) can be created. In public sources of personal data from written "the consent of the subject of personal data may include his last name, first name, middle name, year and place of birth, address, subscriber number, information about the profession and other personal data communicated by the subject of personal data." Also in Art. 7 of the Law "On Personal Data" contains one more condition under which our verification of personal data will be legal: "Operators and other persons who have access to personal data are required not to disclose to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law. "

Briefly summarizing all of the above, all that information (personal data) posted on the Internet or other media by the owner of the PD, either by his consent or by government bodies, is publicly available. And we, by checking the candidates' profiles with the help of publicly available information, do not violate the current legislation subject to two basic conditions: a person’s consent to the processing and verification of personal data, a ban on the distribution of this information to third parties.

2

Let's go back to the main outline of my story. The result of collecting information about the applicant can be the following information obtained from open sources: last name, first name, middle name, date of birth, native, passport (valid passport), registration / place of residence, TIN, Pension Insurance Certificate, contact numbers identified (home, mobile ), marital status, close relatives and relatives, education, verification of a university diploma, place of work, (work period, organization, position, recommendations, reasons for dismissal), verification of resumes and recommendations, availability of vehicles, information about the foundation and related legal entities, criminal record, administrative liability, civil liability, federal wanted list, open enforcement proceedings, monitoring of the media, blacklists of employees, findings of the audit and other information.

Next, we will try to figure out with the help of which publicly available sources it is possible to obtain information about an individual that interests us?

Let's start with the simplest. The following information should be provided to us by the personal data subject as part of the documents submitted for the vacancy:

- the consent of the person to the processing and verification of personal data;

- last name, first name and patronymic of the audited person;

- Date of Birth;

- passport data (series, number, date and issuing authority, place of registration);

- TIN

- data of the insurance certificate of compulsory pension insurance;

- Series and number of the university diploma;

- data on previous jobs (contained in the candidate's questionnaire).

Next, we will analyze those publicly available Runet resources that will allow us to get this or that information about the candidate.

The following information is obtained using the FMS of Russia resource:

- Verification of the validity of the passport of a citizen of the Russian Federation;

- validation of work permits and patents;

- Verification of the validity of employment licenses in the Russian Federation.

The following information is obtained using the resource of the Federal Tax Service of Russia

- check the TIN number.

The following information is obtained using the following Internet resources: ( www.telkniga.com; www.telespravka.com; www.nomer.org; www.telpoisk.com; www.infobaza.org )

- Contact phone numbers;

- registration address;

- close relatives and relatives (by means of a counter request at the registration address in the same sources).

Also, this information can be obtained using a specialized request to Internet search engines: an example for Yandex might look something like this: (Last name / 1 (First name / + 1 Middle name)) && / (+ 1 +5) (phone | fax | call | " t "|" f "|" tel ")

The following information is obtained using the following Internet resources www.gibdd-base.info; [DLMURL] https://www.nomer.org/mosgibdd; [/ DLMURL] www.numplate.ru/search )

- information on the availability of vehicles.

The following information is obtained using the FSSP of Russia resource:

- information on the availability of open enforcement proceedings;

- the search for persons in enforcement proceedings;

- information on the federal search for persons suspected of committing crimes.

The following information is obtained using the GAS Justice resource

- information on criminal prosecution of a person;

- information on bringing a person to administrative responsibility;

- information on the person’s participation in civil proceedings.

You can also get this information using a specialized request to Internet search engines: an example for Yandex might look something like this: (First name / (+ 2 -1) Last name)) && (court | lawsuit | appeal | appeal | lawyer | plaintiff | defendant | victim).

The following information is obtained using a specialized request to Internet search engines: an example for Yandex might look something like this: (First name / (+ 2 -1) Surname)) && (fraudster | fraudulent | criminal | criminal | thief | one-day | scammed | scammer | pyramid) either: "Surname Name Patronymic" date of birth;

- media monitoring;

- the study of blacklists of workers.

The following information is obtained using the Contour-Focus resource:

- Information about the foundation, management and related legal entities.

Verification of biographical data, contact base, place of work or study, obtaining a photograph of a person is carried out through resources associated with social networks

- www.people.yandex.ru;

- www.facebook.com;

- www.vk.com;

- www.linkedin.com;

- www.ok.ru .

The following information is obtained through a survey of representatives of previous employers of the audited entity:

- violation of labor discipline;

- awards and thanks;

- experience and length of service;

- reviews and recommendations.

In conclusion, it is worth recalling that the collection of information about a job candidate is an active action aimed at finding and receiving information. Responsibility under Art. 137 of the Criminal Code is for the illegal collection of information about a person’s private life. In Art. 24 of the Constitution of the Russian Federation and part 1 of article 137 of the Criminal Code refers only to one illegal method - collecting information about a person’s private life without his consent. However, an analysis of the current legislation shows that the legitimate collection of this information is possible without the consent of the person (for example, in accordance with the Code of Criminal Procedure of the Russian Federation, the Federal Law "On operational search activity", etc.). Thus, actions will be unlawful if: a) there is no consent of the person to the collection of information about his private life; b) the collection of this kind of information is not provided for by law; c) the collection of information, although provided for by applicable law, is carried out in violation of the established procedure.

Obtaining information during a conversation with the person himself, studying the publicly available resources of the Internet is not illegal to collect it until the moment when information about privacy is reported voluntarily. It should be considered illegal to disseminate information without the consent of the person, as well as in cases where the transfer of information to third parties is permitted by law, but committed in violation of the established procedure. I would like to touch on these two points at the end of our study. We live in a state of law. Act in a legitimate way, as experts in the field of business intelligence do, and then you do not have to fear the onset of responsibility for your violations.

Source: Peace and Security magazine

 

[Андрей Захаров]

Some kind of nonsense .... The one who worked (for real) on the path of a particular private investigation remains one .... And all this that is indicated in the article is just an attempt to advertise ... As far as is known, people who propagandize like this the called methods of “scouts” (which, in principle, are not special methods of any kind that only “chosen” can possess), earn not by providing such services, but by “raising” money “from those people who, without basic knowledge of collecting information, take various distance learning courses ... So, this advertisement is designed for the average citizen .... This was discussed a lot at the Forum and other resources .... And regarding information collection , as referred to in this article, the author clearly missed the question of who has the right to collect information about the candidate when applying for a job .... And this is not unimportant .... Using these methods to a staff member of the organization where he plans to go Candidate is not prohibited by law ... E If this information is collected by a person who is not a full-time employee of the organization where the candidate goes to work (for example, on the basis of a civil law contract to collect information), then this work can only be carried out by a person who has the appropriate license for this, namely only by a private detective (in the Russian Federation) .... So that other persons who are not full-time employees of the organization where the candidate enters (including scouts of various ranks) do not have any authority to conduct an official examination of candidates upon admission to work in a specific organization (unless of course they are its full-time employees) .... Something like this .... In accordance with the applicable laws of the Russian Federation ....

 

[Детективное агентство Тула]

Many thanks:
- Dmitry for the article:
- Andrey Valerievich for the resume;
- all of us for patience!