Alfa-Bank fined for disclosure of personal data

[НСК-СБ]

December 15, 2011

Alfa-Bank fined for disclosure of personal data

Alfa Bank fined the world site number 382 seven thousand rubles, finding him guilty of violating the legislation on personal data. This was stated by the press secretary of the Meshchansky court of Moscow Yulia Kataeva, Bankir.ru writes.

According to the prosecutor’s information, the bank transferred personal data to the collection agency without obtaining citizen consent in the manner prescribed by law, Banki.ru reports. "The court found Alfa-Bank guilty of an administrative offense under Article 13.11 of the Administrative Code (" violation of the rules of information protection ") and sentenced him to a fine," Kataeva clarified, reports the RAPSI.

Earlier it was reported that once again the personal data of Russians hit the Web. This time the victims were the clients of the Pension Fund of the Russian Federation. The organization’s website has links to confidential customer information in Tver and the Tver region.

"This file is available for download for any Internet user. Yandex launches confidential data in a search. I began to check my data and accidentally found this file, which contains information about payers. We go to the site and there are its surname, name and middle name , TIN, amount of payment, insurance, funded part and much more, ”said Nikolai Igoshev, General Director of Lavnard LLC.
He suggested that the personal information of the Russians became known as a result of the so-called transition of the Pension Fund to "digital". “It just turns out carelessness and irresponsibility,” he concluded.

Source: pravda.ru/news

 

[Детективное агентство ИКС-Инфо.]

Ai yai yay, why are the bank lawyers bursting out ??

 

[Евгений СБ]

Apparently the contract is still those years when this fad was not prescribed.
But this does not save the debtor from hassle.

 

[НСК-СБ]

And the amount of the fine is not surprising?

 

[Евгений СБ]

For the bank, a mere penny.

 

[НСК-СБ]

For the bank, a mere penny.

-----------------------------------------
This is probably the official part of the fine?

 

[Детективное агентство Тула]

It seems that Alfa-Bank still managed to bring a couple of “cutlets” to world plot number 382 ...

 

[Евгений СБ]

Article 13.11. Violation of the statutory procedure for the collection, storage, use or dissemination of information about citizens (personal data)
[RF Code of Administrative Offenses] [Chapter 13] [Article 13.11]

Violation of the procedure established by law for the collection, storage, use or dissemination of information about citizens (personal data) -

shall entail a warning or an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.


Apparently everything went without "cutlets": D

 

[Частный детектив Тюмень]

Damn, how do they collect that much money for a fine? : lol:

 

[НСК-СБ]

Compliance with personal data protection legislation

Recall that there are three bodies that can carry out checks on compliance with the legislation on the protection of personal data - Roskomnadzor, FSTEC of Russia and the FSB of Russia, while:

Roskomnadzor (Federal Service for Supervision of Communications and Mass Communications) - monitors and supervises the compliance of PD processing with legal requirements;
FSTEC of Russia (Federal Service for Technical and Export Control) - exercises control and supervision of methods and ways of protecting information in information systems using technical means;
The FSB of Russia (Federal Security Service of the Russian Federation) - exercises control and supervision over the methods and ways of protecting information in information systems using cryptographic means of information protection. There is no doubt that the operators will primarily be affected by the checks of Roskomnadzor.
Currently, law enforcement practice is being formed in terms of holding liable for violation of the requirements of the legislation on the protection of personal data, but there are still a number of unresolved issues.

In accordance with Article 24 of the Federal Law of July 27, 2006 No. 152-ФЗ "On Personal Data" (hereinafter referred to as the Federal Law "On Personal Data"), persons guilty of violating the requirements of this law shall bear civil, criminal, administrative, disciplinary and other liability stipulated by the legislation of the Russian Federation.

To determine the specific types of fines, it is necessary to refer to the "primary sources" - the code on administrative offenses (hereinafter - the Code of Administrative Offenses), the criminal and labor codes (hereinafter - the Criminal Code and the Labor Code, respectively).

In this connection, we will consider possible measures of responsibility.

Personal data protection: criminal liability
In accordance with the norms of Russian legislation, only individuals who have committed a crime that violates the interests of the individual, society and the state can be held criminally liable.

We can say that it is the norms of the Criminal Code of the Russian Federation that reflect the "main goal" of the Federal Law "On Personal Data" - the protection of the interests of subjects. In particular, liability is provided for the following types of violation:

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, a publicly displayed work or the media. An aggravating circumstance for this type of violation is the given offense committed using his official position (Article 137 of the Criminal Code of the Russian Federation);
for unlawful access to legally protected computer information, that is, information on a computer medium, in a computer, a computer system or their network, if this act entailed the destruction, blocking, modification or copying of information, disruption of the operation of a computer, computer system or network (art. 272 of the Criminal Code).
The criminal liability for the above types of violation may vary:

fine up to 300 thousand rubles;
compulsory work from 120 to 180 hours;
correctional labor up to 1 year;
imprisonment up to 4 years;
deprivation of the right to occupy certain positions or engage in certain activities for up to 5 years.
Also, those who provide services for the technical protection of information who do not have a license, or carrying out activities in violation of license requirements and conditions, if this act caused major damage to citizens, organizations or the state, or is associated with the extraction of income large size (more than 1,500 thousand rubles).

We are talking about criminal liability under article 171 of the Tax Code. An aggravating sign in this article is the commission of a crime by an organized group of persons, or involving the extraction of income in an especially large amount (more than 6,000 thousand rubles). Under this article, liability can also be applied in the form of a fine of up to 500 thousand rubles, imprisonment for up to 5 years.

Thus, personal data operators should not forget that any organization with appropriate specialists can provide consulting services on the preparation of organizational and administrative documentation, and only a FSTEC licensee can provide services regarding technical information protection.