Dear students, parents, employees of educational institutions!
In the modern world there is a greater need to protect information about each of us. Each person has individual characteristics inherent only in it. These should include, including personal data.
In accordance with article 3 of the Federal law of the Russian Federation of 27.07.2006 № 152-FZ "On personal data" personal data – any information relating to an identified or identifiable natural person (personal data subject). The provision of personal data – actions aimed at revealing personal data to a certain person.
Article 6 of the Law № 152-FZ it is provided that personal data shall be processed with the consent of the data subject.
At the same time, article 9 of Law No. 152-FZ stipulates that the data subject takes the decision on granting his / her personal data and gives consent to the processing of their freely of their own will and in their interest. Consent to processing must be specific, informed and conscious. Consent may be given by personal data subject or his representative in any allowing to confirm the receipt of the form.
There are, however, particularly in the area of personalized children minor children (persons under the age of 18 years).
In accordance with article 21 of the Civil code of the Russian Federation the ability of citizens by their actions acquire and exercise civil rights, create for himself civil obligations and fulfill them (civil legal capacity) arises in full with approach of age of majority, i.e. eighteen years of age. Persons under the age of 18 are considered incapable (under 14 years) or incapable (from 14 to 18 years).
According to article 6 of the Law № 152-FZ in the case of incapacity of the personal data subject consent to the processing of personal data gives legal representative of the subject of personal data.
Article 64 of the Family code of the Russian Federation protection of the rights and interests of children rests with the parents. Parents are the legal representatives of their children and advocate their rights and interests in relations with any physical and legal persons without special authorization.
Given the above, the processing of personal data of a student is possible only with the consent of the parent and for the purposes specified in this agreement. Not permitted to transfer personal data of students to third persons without any relationship to the child.
Thus, the district Prosecutor's office in October 2017 the audit at the request of the citizen S., in which he pointed out that the employee of one of the schools of the Soviet district of Astrakhan, which educates teenage son of his concubine, orally provided him with information about the low achievement of a boy. District guardianship authority, after checking on his conversion, gave him detailed information about the child. At the same time, conducted by the district Prosecutor's office audit found that the claimant S. is not the legal representative of the child, as well as its close relative and consequently has no right to receive any information about the child.
Due to the fact that an employee of the school information is provided orally, objective data confirming this fact is not obtained, the district Prosecutor's office Director of the school 09.10.2017 announced the warning about the inadmissibility of violating the law on personal data of students and Director of the Center for social support of the population of the area brought representation by results of which consideration specialist of Department on work with the family, and guardianship, as well as the chief of Department brought to a disciplinary responsibility.
Senior assistant attorney
Of the Soviet district of Astrakhan
the lawyer of 1 class
E. S. Evseeva
