Legal Consequences of Disclosing Personal Data from an Official Petition
Introduction: Nature of the Violation
The disclosure of personal data obtained from an official petition by a citizen to state or local government bodies constitutes a serious violation of personal data legislation and official ethics. Such actions fall under several types of offenses, as they affect not only general norms of privacy protection but also special regimes of information processing within the scope of official powers. Punishment of the guilty requires a comprehensive approach, combining administrative, disciplinary, civil-law, and, in some cases, criminal measures.
Legal Framework and Offense Classification
The main regulatory acts governing this area are:
Federal Law No. 152-FZ of July 27, 2006 "On Personal Data." Article 7 ("Confidentiality of Personal Data") directly prohibits the operator and other persons from disclosing personal data without the consent of the subject.
Federal Law No. 59-FZ of May 2, 2006 "On the Procedure for Considering Petitions of Citizens of the Russian Federation." Article 6 establishes a ban on disclosing information contained in a petition, as well as information about the private life of the applicant, without their consent. Personal data indicated in the petition are subject to this protection.
Code of the Russian Federation on Administrative Offenses (KоАП РФ).
Criminal Code of the Russian Federation (UK РФ).
Labour Code of the Russian Federation (TК РФ) — if the discloser is an employee of a state body.
Types of Liability and Procedure for Attraction
1. Administrative LiabilityThe most likely and widespread form of punishment. Regulated by Chapter 13 of the KоАП РФ "Administrative Offenses in the Field of Telecommunications and Information."
Article 13.11 of the KоАП РФ "Violation of Legislation in the Field of Personal Data."
Part 2: Processing personal data without the written consent of the subject where it is required, entails the imposition ...
Read more