FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 25, 2011 No. 261-FZ

About introduction of amendments to the Federal law "About Personal Data"

Accepted by the State Duma on July 5, 2011

Approved by the Federation Council on July 13, 2011

Article 1

Bring in the Federal Law of July 27, 2006 N 152-FZ "About personal data" (The Russian Federation Code, 2006, N 31, Art. 3451; 2009, N 48, Art. 5716; N 52, of Art. 6439; 2010, N 27, Art. 3407; N 31, of the Art. 4173, 4196; N 49, of Art. 6409; N 52, of Art. 6974; 2011, N 23, Art. 3263) following changes:

1) in Article 1:

a) state part 1 in the following edition:

"1. This Federal Law governs the relations connected with the processing of personal data performed by federal bodies of the government, public authorities of subjects of the Russian Federation, other state bodies (daleegosudarstvenny bodies), local government bodies, other municipal authorities (further - municipal authorities), by legal entities and physical persons with use of the automation equipment, including in information and telecommunication networks, or without use of such means if processing of personal data without use of such means corresponds to nature of actions (transactions) made with personal data with use of the automation equipment that is allows to perform according to the set algorithm search of the personal data fixed on the material carrier and containing in card-indexes or other systematized meetings of personal data, and (or) access to such personal data.";

b) to declare Item 3 of part 2 invalid;

Article 3 to state 2) in the following edition:

"Article 3. The basic concepts used in this Federal Law

For the purpose of this Federal Law the following basic concepts are used:

1) personal data - any information relating to directly or indirectly to the determined or determined physical person (the subject of personal data);

2) the operator - state body, municipal body, legal entity or physical person, independently or together with other persons the purposes of processing of personal data organizing and (or) performing processing of personal data, and also determining, structure of the personal data which are subject to processing, actions (transaction) made with personal data;

3) processing of personal data - any action (transaction) or set of actions (transactions) made with use of the automation equipment or without use of such means with personal data including collection, record, systematization, accumulating, storage, refining (updating, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, removal, destruction of personal data;

4) the automated processing of personal data - processing of personal data by means of computer aids;

5) distribution of personal data - the actions directed to disclosure of personal data to the uncertain group of people;

6) provision of personal data - the actions sent on disclosure of personal data to certain person or certain group of people;

7) blocking of personal data - the temporary termination of processing of personal data (except as specified if processing is necessary for refining of personal data);

8) destruction of personal data - actions as a result of which becomes impossible to recover content of personal data in information system of personal data and (or) as a result of which material carriers of personal data are destroyed;

9) depersonalization of personal data - actions as a result of which becomes impossible without use of the additional information to determine accessory of personal data to the specific subject of personal data;

10) information system of personal data - set of the personal data and information technologies and technical means providing their processing containing in databases;

11) cross-border transfer of personal data - transfer of personal data on the territory of foreign state to authority of foreign state, the foreign physical person or the foreign legal entity.";

Part 2 of Article 4 to state 3) in the following edition:

"2. On the basis and in pursuance of the Federal Laws state bodies, the Bank of Russia, local government bodies within the powers can adopt regulatory legal acts, regulations, legal acts (further - regulatory legal acts) on the single questions concerning processing of personal data. Such acts do not may contain the provisions limiting the rights of subjects of personal data, the establishing restrictions of activities of operators which are not provided by the Federal Laws or assigning the obligations which are not provided by the Federal Laws to operators and are subject to official publication.";

Article 5 to state 4) in the following edition:

"Article 5. Principles of processing of personal data

1. Processing of personal data shall be performed on legal and fair basis.

2. Processing of personal data shall be limited to achievement of specific, in advance particular and legal purposes. The processing of personal data incompatible with the purposes of collection of personal data is not allowed.

3. Combination of the databases containing personal data which processing is performed for the purpose of, incompatible among themselves is not allowed.

4. Only personal data which answer the purposes of their processing are subject to processing.

5. Content and amount of the processed personal data shall answer stated purposes of processing. The processed personal data shall not be excessive in relation to stated purposes of their processing.

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