Consent to personal data processing: practices of Roskomnadzor and Russian courts
On July 31, 2018, the Federal Service for Supervision of Communications, Information Technologies and Mass Communications (Roskomnadzor) held an Open Day dedicated to the next anniversary of the adoption of Federal Law No. 152-FZ “On Personal Data”, during which representatives of Roskomnadzor spoke, in particular, about the agency’s position in relation to the General Data Protection Regulation of the European Union, the most frequent requests citizens in connection with the actions or inaction of operators violating the requirements of the legislation on personal data, typical violations of the legislation on personal data and provided recommendations on how to prevent them.
One of these recommendations concerns consent to the processing of personal data: it is necessary to ensure that a separate consent to the processing of personal data is obtained for each purpose of processing, to specify in the consent the list of personal data processed, the procedure and conditions for its revocation, and also to specify the provisions on third parties to whom it is planned to transfer the personal data of the subjects or who is intended to be involved within the framework of the agency agreement.
Deputy Head of the Office for the Protection of the Rights of Personal Data Subjects A. Gafurova gave an overview of the most frequent requests from citizens to Roskomnadzor in connection with the actions or inactions of operators violating the requirements of the legislation on personal data. The number of such requests increased from 6 thousand in 2008-2011 to 85 thousand in 2016-2018.
