Concise and to the point with ALRUD: HR & DIGITAL (№2)

Concise and to the point with ALRUD: HR & DIGITAL (№2)

25 March 2024

Moratorium on inspections of companies may be canceled from 01 January 2025

This is the initiative of the President of the Russian Federation, announced during his address to the Federal Assembly. If the moratorium is abolished, a ****risk-oriented approach**** is expected to be introduced: employers will be checked according to ****risk indicators****, and if there are no risks, inspectors will carry out ****preventive visits****.

Please be informed that currently a bill authorizing ****Roskomnadzor**** to conduct ****unscheduled inspections**** in case of information about personal data ****leaks**** is pending in the State Duma.

New information list to combat illegal employment

From 01 March 2024, a new list of information (including information which constitutes a ****tax secret****) that ****tax authorities**** may transfer to the ****authorities of Rostrud**** and ****interdepartmental commissions**** of regions of the Russian Federation for combating illegal employment is in force.

According to the order of the Ministry of Labour, such information includes, for example, information on employers whose deviation of the average monthly wage exceeds 35% of the average value in a region of the Russian Federation, etc.


****Processing**** and ****transfer**** to third parties of a ****special category of personal data**** (including data on diagnosis, cases of seeking medical assistance and other information obtained during medical examination and treatment) is not permitted without the ****written consent**** of the subject of the personal data. This point was recalled by the Arbitration Court of the Central District.

Facts of the case

A client decided to file a claim with the clinic after the provision of medical services, stating among other ****information about his health status****. The clinic forwarded the text of the claim to the law firm's specialist. Believing that the processing of personal data had taken place without legal grounds, the client appealed to ****Roskomnadzor****, which demanded that the ****processing of personal data be stopped****.

The courts agreed with the regulator's position: the processing of information about a person's health condition contained in his or her ****pre-trial claim**** does not fall under the statutory exceptions (in particular, it is not related to the administration of justice). The ****transfer**** of such information to a representative for the purposes of providing qualified legal assistance is possible only with the ****consent of the subject of personal data****.

The conclusions of the court may be ****disputed in further instances****, since, from our expertise, obtaining qualified legal assistance may be a ****legal right of the defendant****, i.e. the processing of personal data for these purposes may be carried out on the basis of a ****legitimate interest**** (for the exercise of the ****operator's legal rights****).

We hope that the information provided herein will be useful for you.

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Labour and Employment

Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.

If you have any questions, please, do not hesitate to contact us.

ALRUD Law Firm

Skakovaya str., 17, bld. 2, 6th fl., Moscow, Russia, 125040
Т: +7 495 234 96 92, Т: +7 495 926 16 48,
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