Storage Of Personal Data In Roses
I would like to bring to the attention of the readers the final piece of my article, which concerns the assessment of the recently adopted law, which established the duty to keep the personal data of Russian citizens in Russia.
"The Constitution of the Russian Federation does not enshrine or even mention personal data rights. Council of Europe Convention No. 108 on the Protection of Individuals with regard to Automated Processing of Personal Data (hereafter Convention No. 108) and the Personal Data Act No. 152-FZ (hereafter the Personal Data Act) speak the subject ' s right to personal data. An analysis of the personal data list leads to the conclusion that they characterize, relate to and are inseparable from the individual. In other words, personal data are a personal imperfect benefit, and the right to them relates to personal non-property rights. The right to personal data is protected in accordance with civil law by all means provided for by the GK of the Russian Federation (art. 150, para. 2).
In exercising the right to personal data, his or her subject is entitled to require that the data be properly treated, not received without the consent of the right holder, and after receiving the data, he or she performs the prescribed data transactions in accordance with the law (see arts. 5 and 8 of Convention No. 108, arts. 5, 6, 9, 14 of the Personal Data Act). Cross-border Personal data transfer must also be carried out in accordance with the procedure established by law and, as a general rule, with the consent of the data subject.
The Act No. 252-FZ (hereinafter Act No. 252), which imposes restrictions on the transmission of data, prevents the data subject from reporting the person who uses it in databases abroad. Since this restriction is established by law, the civil and legal protection of the right to personal data must be subject to its consideration. In other words, the restriction imposed by law would be considered to be applicable unless the provisions of Act No. 252 were found to be contrary to the Constitution of the Russian Federation.
