New supervisory body in the field of personal data protection

The National Center for the Protection of Personal Data is the authorized body for the protection of the rights of subjects of personal data. It was created in order to take measures to protect the rights of personal data subjects when processing their personal data, as well as to organize training on the protection of personal data.

The National Center for Personal Data Protection performs the following functions:

• exercises control over the processing of personal data by operators (authorized persons) and considers complaints from personal data subjects regarding the processing of personal data;
• determines the list of foreign states on the territory of which an appropriate level of protection of the rights of personal data subjects is ensured and issues permits for cross-border transfer of personal data, if an adequate level of protection of the rights of personal data subjects is not provided on the territory of a foreign state, and also determines the procedure for issuing such permits;
• establishes the classification of information resources (systems) containing personal data in order to determine the requirements for technical and cryptographic protection of personal data;
• makes proposals on improving the legislation on personal data, participates in the preparation of draft acts of legislation on personal data, and also provides clarifications on the application of legislation on personal data, conducts other explanatory work on legislation on personal data;
• participates in the work of international organizations on the protection of personal data and cooperates with bodies (organizations) for the protection of the rights of subjects of personal data in foreign countries;
• trains persons responsible for the processing and storage of personal data; and also implements educational programs of additional education for adults in accordance with the legislation on education;
• exercise other powers provided by the legislation on personal data.

The National Center for the Protection of Personal Data exercises control over compliance with the Law "On the Protection of Personal Data" in the following forms:

1. In the form of inspections carried out in accordance with the plan for inspections of compliance with the legislation on personal data. Such a plan is annually approved by the director of the National Center for the Protection of Personal Data and posted on the official website of the National Center for the Protection of Personal Data until December 30 of each year. Scheduled inspections of the same organization or individual entrepreneur are carried out at intervals not more than once every two years.

2. In the form of unscheduled inspections. Conducted upon receipt of information about the presence of violations of the law.
   

3. In the form of desk audits (an audit conducted at the location of the controlling (supervisory) body based on the study of documents and information that the organization itself provided to the controlling (supervisory) body, while other documents of the organization or individual entrepreneur are not checked).

Each interested person can apply to the National Center for Personal Data Protection both in writing and electronically. But, it must be borne in mind that if an appeal is submitted to the National Center for the Protection of Personal Data in the form of an electronic document, such a document must be signed with an electronic digital signature. It is also possible to get a personal appointment with the leadership of the National Center for the Protection of Personal Data by appointment.

You also need to know that in case of violation of legislation in the field of personal data protection, there are administrative and criminal liability. If you need assistance in preparing documents to comply with the requirements of the Law on Personal Data, you can always contact ProYuristBy law firm. We will gladly help you!