Recently, cases of illegal dissemination of personal data of employees have been recorded quite often. This is mainly due to the fact that employees who have access to such information do not understand the seriousness of the situation. Nevertheless, ignorance of the norms does not exempt anyone from the consequences. The rules prohibit the distribution of employee personal data. The concept and their protection act as legal categories protected by law. Consider how they are protected. 
Personal data of the employee: concept and their protection
When a person gets a job in an enterprise, he provides the employer with personal information about himself. At the same time, he believes that this information will not be used for any other purpose than to prepare, personify and submit reports. However, in the light of events that periodically take place at enterprises, the state has a need to provide guarantees for the protection of the employee’s personal data. The basic rules that govern this area are contained in the relevant federal law. Personal information is any information that relates to a particular person identified or identified in accordance with the information provided.
It includes, in particular, full name, place, address, date of birth, property, family, social status, income, profession, education, registration, etc., as regards the citizen personally. Under the personal data of an employee should be understood all the information that is necessary for the employer to implement labor relations with a particular person and relating directly to him. This definition reflects a general approach to the employee’s personal information category. It should be clarified that the Regulation on the protection of personal data of employees does not allow the collection and use of all individual information, but only those that directly relate to the professional activities of individuals.
Look at the problem
Legal protection of an employee’s personal data can be considered in two aspects. First of all, personal information is protected by legal norms. It is through their complex impact that the personal data of the employee is protected. Labor law quite clearly regulates this area, providing for a certain liability for illegal actions. In addition, the rules protecting personal information are also present in the Civil Code. The protection of the employee’s personal data is also considered as a set of measures aimed at ensuring the implementation of legislative requirements. They express the policy that the employer follows in this area. The organizational and legal nature of the measures taken allows to ensure the implementation of the subjective ability of the employee to protect information about him. 
Characteristics of Information Relations
The interaction between the employer and the employee is regulated by the Labor Code. The protection of the employee’s personal data acts as the responsibility of the manager and must be ensured by him implicitly. It should be noted that information relations take place not only between the employee and his employer, but also between them and third parties. However, the main in this case is the interaction of the employee and the employer. In this regard, the regulation of these relations is given priority in the legislation. The employee must not only provide information about himself, but also has the right to receive reliable information about labor protection requirements and their conditions, the existing threat of damage to health, measures that are provided for in the enterprise in order to provide protection against negative production factors. The legislation clarifies the essence of a unified information system operating as part of the interaction between the employer and employees. The receipt by employees of information from the employer that directly relates to their interests, acts as one of the main forms of participation of specialists in the management of the company. The employer must provide the representatives of employees with reliable and complete information that is necessary for concluding a collective agreement and monitoring compliance with its conditions. 
Confidentiality
In the domestic legislation not only the obligations of the employer, but also the employee are established. In particular, under Art. 57 h. 3 of the Labor Code, an employment contract may contain conditions for non-disclosure by an employee of data that constitutes a secret protected by law (commercial, state, official, and so on). The lessee has the right to unilaterally terminate the contract or take measures to prohibit access to such information in case of violation of these clauses by employees.
The employee is liable. In the event of the disclosure of confidential information obtained in the performance of his duties, he will have to fully compensate for the damage caused to his company. According to Art. 37 of the TC, participants in collective bargaining, as well as other persons associated with their conduct, are prohibited from making the data public if they are classified as secrets protected by law. Persons who violate these requirements are brought to criminal, civil, disciplinary, administrative responsibility in the manner prescribed by the rules. The personal information of the employee under applicable law refers to secret (confidential) information. In this regard, the rules aimed at protecting secrets also protect the personal data of the employee. 
Imperative prescriptions
In modern market conditions, the effectiveness of the enterprise is directly related to the timely provision of the necessary information resources. The tenant’s behavior regarding personal information about the employee is regulated peremptory norms. This is due to the publicity of the considered sphere as a whole and the institution for the protection of individual employee information in particular. The right to protect personal information is absolute. It is provided to each employee irrespective of his personal contribution to the achievement by the enterprise of the tasks facing him. In this regard, under Art. 86 TC, the employee should not waive his right to protection and confidentiality.
Implementation
The employee’s personal data is protected by free access to his personal information. He may receive copies of any records of interest to him that relate to him directly. The realization of the right to defense is also carried out by appointing its representatives who will defend its interests. A secured legal opportunity for an employee can be embodied in the requirement for the employer to amend or exclude incomplete or incorrect information about him, as well as used or systematized in violation of the rules. The Regulation on the protection of personal data of employees (a sample document is presented in the article) provides for them the opportunity to appeal the actions of the employer in court. 
Composition of personal information
Processing and protection of personal data of an employee is carried out strictly in accordance with established standards, regardless of the amount of information received.When determining the amount and content of information to be provided, the employer must proceed from their requirements of the Constitution, industry legislation and other federal laws. When carrying out activities, two types of documents are involved in the turnover of the employer. The first category includes securities that an employee provides in the process of concluding a contract. The tenant forms the documentation of the second type independently. The work book can be attributed to both the first and second groups. This will depend on whether it is present at the employee at the time of joining the company, or is being compiled for the first time.
Employee Documents
They, as mentioned above, belong to the first category. Employee documents are:
- Passport or other identification card.
- Employment history.
- Documents on education, specialty or qualifications.
- Insurance certificate.
- Documents on military registration.
- Other papers, the need for presentation of which is defined by law.
These documents contain a photograph of a citizen, his full name, information about the place, date of birth, registration, family composition the place of receipt and the nature of the specialty, education, qualifications, etc.
Tenant Papers
In by-laws, they are defined as primary accounting records. This category includes:
- Orders and orders on the transfer, reception, dismissal (termination of the contract), promotion of the employee.
- Personal card specialist.
- Documents on payroll.
In addition to information that duplicates the personal data of an employee, they contain information:
- the dates of admission or transfer to the position;
- general continuous experience;
- structural unit;
- advanced training;
- decisions of the certification committee;
- retraining;
- types and terms of vacations;
- awards and rewards;
- social benefits.
The protection and storage of personal data of an employee is the responsibility not only of the head of the enterprise, but also of persons who have access to information and use it to perform their professional tasks.
Responsibility for non-compliance
What threatens if the protection of the employee’s personal data is not properly ensured? The Labor Code of the Russian Federation, as well as the Civil Code, establish the nature of liability depending on the seriousness of the violation. For certain types of violations sanctions are provided for both official and physical, and legal entities. This indicates that not only employees but also employers can be held accountable.
In Art. 150 CC determined that personal integrity, family secrets, privacy belong to the category of inalienable and inalienable non-property rights that are subject to state protection. If a citizen suffers moral or physical suffering through unlawful actions, as well as in other cases provided for by law, the court may impose on the offender the obligation to compensate for the damage with monetary compensation. When determining the amount of payment, the authorized body shall take into account the degree of guilt and other circumstances of significant significance. The court must also take into account the level of moral and physical suffering associated with the individual characteristics of the injured citizen.
At the same time, the victim has the right to demand a refutation of information that discredits his honor, dignity or reputation, if the person who distributed them cannot prove their accuracy. The disclosure and subsequent use of images of a citizen, including photographs, videos or works of art, is allowed only with his permission. Clarifications of issues related to non-pecuniary damage are present in the Resolution of the Plenum of the Armed Forces.
Financial compensation
For the disclosure of information that acts as a personal secret of the employee, employees are imposed a penalty on them, the amount of which is the full amount of the harm caused. Such cases are considered exceptions. This confirms, however, the special importance that the Regulation on the protection of personal data of employees has at the enterprise.
Disciplinary measures
They apply to an employee who disclosed a secret protected by law, including the personal information of another employee. The law in this case provides an essential condition. Disciplinary liability will occur if the disclosed information became known to the employee in the performance of his professional duties. When imposing a penalty, the employer must take into account the seriousness of the misconduct, as well as the circumstances of its commission. In this regard, the law provided for three types of disciplinary measures: reprimand, reprimand and dismissal. The protection of the employee’s personal data provides for the establishment of certain duties and opportunities for persons with access to such information. They are recorded in job descriptions, contracts and agreements, local acts adopted by the enterprise.
Administrative responsibility
When a fact of violation of the law in the field of collection, storage, distribution and use of personal data in the legislation is identified, the following measures are envisaged in the legislation:
- Issuing a warning.
- Fine.
The amount of cash payment is set:
- for citizens - 300-500 rubles .;
- officials - 500-1000 rubles;
- legal entities - 5000-10 000 rubles.
When disclosing information of limited access to employees in the performance of their duties, a fine is imposed:
- for citizens - 500-1000 rubles .;
- officials - 4000-5000 rubles.
Criminal penalty
AT Art. 137 The Criminal Code provides for liability for violation of the privacy of a citizen. In particular, the illegal collection or dissemination of information representing the personal secret of a person without his permission or their publication in a public speech or in a work or media on display to the public are punished:
- A fine of up to 200 thousand rubles. or in the amount of the guilty income for 18 months.
- Mandatory work - 120-180 hours.
- Arrest up to 4 months.
- Correctional work up to a year.
If the perpetrator carried out the same actions in the performance of his duties, then the Criminal Code provides for:
- Fine - 100-300 thousand rubles. or income for the period from 1 year to 2 years.
- Arrest - from 4 to 6 months. with the prohibition to hold certain posts or without him and other measures.
Conclusion
As can be seen from the material, at present, the protection of personal data of an employee has become very urgent. The Russian Federation is a democratic country in which a person is considered the highest value. Therefore, legislation, primarily the Constitution, in a special way protects the personal life of every citizen. The normal development of society is possible only when the people living in it feel their importance for the state, which is manifested in the protection of dignity, honor, rights, information that make up the secret of each person’s private life.
