Exercises with personal data

rabiakhatun

For each parent who has contacted us and is not sure for what purpose this or that information is being collected and whether such information is necessary, the Center has prepared a corresponding request to the PD operator. If the parent has already given the school consent to the processing of personal information and wishes to revoke it, a form for such a revocation is provided," said Lyudmila Kurovskaya.

For example, one of those who contacted the Legal Aid Center complained about a violation of the requirements of Federal Law No. 152 by a kindergarten teacher: the kindergarten employee content writing service published personal data about the applicant's child in a group organized by parents in a messenger without consent. "The Center has prepared a form for a request to the kindergarten to conduct an inspection of the legality of the teacher's actions and the need to conduct explanatory work with all employees of the educational institution in accordance with paragraph 6 of part 1 of article 18.1 of Federal Law No. 152," the director said.



With the development of technology, the trend towards protecting children from information that can negatively affect their development is growing. At the same time, the importance of protecting the personal data of minors is growing. Therefore, the processing of information about children should be considered high-risk processing, experts say.

Personal data of minors do not belong to special categories of PD, although they are singled out in Part 3.1 of Article 4 of Federal Law No. 152 on an equal basis with biometric PD and special categories of personal information, noted in a conversation with RSpectr personal data consultant and co-chairman of the RAEC Privacy & Legal Innovation Cluster Alexander Partin.

However, in his opinion, the personal data of minors is sensitive data, the processing of which must be treated with particular care.

Alexander Partin , Privacy & Legal Innovation:

– According to the letter of Roskomnadzor dated 30.03.2023 No.  08-26424, minors over 14 years of age can give consent to the processing of personal data independently within the limits described in Article 26 of the Civil Code of the Russian Federation. Under 14 years of age, consent for minors can be given by their legal representatives.

A strict rule has been established regarding biometric personal data: children’s biometric data can only be processed with the consent of their parents, Comply lawyer Artem Safyannikov reminded RSpectr.

Minors are users of various services that process significant amounts of data. Therefore, they face the same risks that are relevant for adults: leaks of personal information, its illegal use, as well as abuse of the user's ignorance, Ksenia Smirnova, senior lawyer in the practice of the law firm Nextons, explained to RSpectr. In her opinion,