Back in 2006, the government oflaw on personal data. Total collection of personal information began only with the introduction of a system of municipal services. In addition to state and private financial and legal departments, other organizations, such as schools and kindergartens, shops and social groups, began to accumulate information about their clients.
Few citizens thought thathides under the phrase "I consent to the processing of personal data." And this is any information about a particular person. The operator, that is, the person who collects the data, in fact has the right at his discretion to dispose of the information received, systematize them, use them for their own purposes or transfer them to third parties. Simply put, by giving consent, the client of an organization trusts the operator to distribute personal information to an undefined circle of people (we can never be sure that the data will not fall into the wrong hands). And this is an opportunity for fraud. The only way out of this situation is the withdrawal of consent to the processing of personal data.
Cancellation of previous agreements on personal information is desirable in the following cases:
- if the bank loan is fully repaid, but the bank still sends all sorts of offers to your phone or email;
- if the borrower is in debt to a financial institution and there is a risk that the case will be transferred to a collection agency;
- change of residence or work.
In fact, it is better to issue a withdrawal of consent for the processing of personal data if the relationship with a legal or natural person is terminated.
A common problem is repaying a loan, andmailings and all sorts of information from the bank does not stop coming. Naturally, when signing the loan agreement, the borrower agreed to the processing of his personal data. Therefore, such a borrower is strongly recommended to contact the bank and issue a statement of withdrawal of consent for the processing of personal data.
At the level of legislation, the application form is not defined, but a certain practice on this issue has already been formed. Document requirements:
It is best to send the withdrawal of consent to the processing of personal data by mail, by registered mail, to the address of the department where the applicant is served and to the legal address of the bank.
In order for the bank to quickly find information about its client, it is better to attach a copy of the contract and your passport to the letter.
The application can be personally issued in the bank, orcome with a ready document. It must be compiled in two copies, so that one of them will be stamped on receipt. In the ideal case, for 3 days the bank should stop processing the applicant's personal data.
Approximate sample withdrawal of consent to the processing of personal data
The head of the bank "Igrek"
bank branch address ...
legal address ...
Applicant Ivan Ivanovich
residential address ...
Loan contract number ...
date …
Withdrawal of consent to the processing of personal data
I, the applicant (full name), on the basis of p ... st ... No. ...- FZ, withdraw my consent given by me upon receipt of the loan (contract ... from ...) to my processing personal data.
After receiving a review, I request to stop using my personal data no later than 3 days.
Contact details
phone
date, signature, full name
Not every borrower is able to repay on time andfull credit commitments, and then there is a huge risk that the case will be transferred to the collectors. In this case, you should carefully re-read the contract. It is clear that the bank does not have the right to disclose the received personal information of its customers, however, it is surely stipulated in the contract that during its validity it can process it. It will not work out to withdraw your consent in such a situation, but there is another way out. The borrower has the right to apply to a financial institution with a request to prohibit the transfer of his personal information to collectors.
When drafting a petition for a ban, you canuse the form of revocation of consent to the processing of personal data, slightly adjusting it. Although the Supreme Court in 2016 decided that banks are not entitled to pass on any information to third parties, namely collectors, it is better to insure and protect themselves and their families.
Procedure for applying for a loaninvolves the collection of information not only about the guarantors, but also about the borrower's immediate environment. When a borrower has difficulties, then they worry about the repayment of the loan, and begin to surround the debtor. However, such people do not give any consent, which means that the actions of employees of a financial institution are absolutely illegal, especially when they are used to achieve their own goals.
В этом случае следует поступить аналогичным to make a statement using the form of withdrawal of consent to the processing of personal data, slightly editing the text. In addition to the request to prohibit the transfer to any persons of their personal data, it should be mentioned that relatives and close people did not give any consent. Sample text might look like this:
"…Сообщаю вам, что мои друзья, коллеги и Relatives (it is better to list the persons who are concerned about the bank employee) did not give the “Name” bank and related organizations (the name of the collection office or offices should also be clarified) any consent to the collection, processing or use of their personal data. Therefore, if the persecution does not stop, I will be forced to go to the police ...
I also remind you that the bank "Name" has the opportunity to always promptly contact me directly, by phone ..., mailing address ..., email address ... ".
Naturally, the text of the statement should alwayscorrected, depending on the situation, in extreme cases, you may need to contact lawyers, law enforcement agencies or the court, but the general procedure for withdrawing consent for the processing of personal data must be followed.
Наверняка уже все привыкли, что при приеме на work, each employee signs many documents. This is due to the fact that the employer cannot even issue a personal card without the consent of his subordinate or carry out other actions regarding him.
Although there are situations where the employer is not even obliged to require consent for data processing, even if the person has left:
Also, all employee information mustThe company’s archive is kept for a certain time, the minimum period is at least 5 years, and personnel documentation is maintained for 75 years. In light of this, when dismissing, the employer is not obliged to take consent to the collection and processing of data from the employee.
If the accounting or personnel records isthird-party organization, then she will have to obtain consent from each employee. Such a document should clearly state the information about the organization that will be engaged in processing information about people, as well as to what extent and for what purpose their personal data will be used.
It is recommended to make a review in 2 cases:
Naturally, to refuse to store personal data will not work, but the transfer and processing still follows.
Naturally, any action entailscertain consequences. There are consequences of withdrawing consent to the processing of personal data. It is clear that the actions of the operator are still at the approbation stage, the procedure for submitting consent and their feedback is only being formed in practice. But it is already clearly understood that submitting consent with practically unlimited rights, especially to an employer or university management who will store and use information for 75 years, is a pernicious practice. And if you take into account the average life expectancy, then this is a lifelong possession of personal information.
If the applicant or student does not consentor trying to reduce the powers of the operator, the latter may not allow a person to work or exams. The same situation occurs in medical institutions, in addition to the fact that data about pension accounts and medical insurance is collected there, so this information is entitled to use for at least 25 years. Analyzing what is happening around, one can understand that the state wants to totally control every citizen.
And, sadly, today reviewemployee consent to the processing of personal data is a formality, and not one operator does not take this seriously. Most often, prior to receiving a review, all information has already been sent to third parties. Refusal to provide personal data or withdrawal of consent entails almost repressive methods of influence.
The bank does not issue a loan, the school is notadmits to exams or does not issue a diploma, the employer does not allow to work, and the medical institution refuses to help. What to say about public services that simply will not be provided, and applications are not accepted for consideration! Perhaps the situation will change in the future, but for now the authorities only seek to have complete information about every citizen, which allows it to manipulate the whole society.
