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ON THE QUESTION OF LEGAL REGULATION OF PERSONAL DATA IN THE RUSSIAN FEDERATION

M. Vasilyev

Abstract

The article is devoted to the issues of personal data regulation in the Russian Federation. Indeed, protection of personal data of an employee occupies an important place in the legislation and judicial practice of the Russian Federation. The author analyses a number of legal acts, as well as certain judicial practice relating to storage, processing and transfer of personal data of an employee. The author emphasizes that on the basis of the judicial practice the criterion of excessiveness in respect of transfer of processed personal data is formed and the subjects entitled to receive personal data of the employee without their consent are defined. At the same time, it is noted that the judicial practice revealed the problem, following from the requirement to indicate only one goal and one person to whom the personal data is transferred in the consent to the processing of personal data which restricts the transfer of certain functions of an employer to outsourcing. Hence, the judicial practice participates in the formation of relations in the sphere of storage and processing of personal data of an employee, interpreting legal rules embodied in the labour law.

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