Policy of the company related to personal data procesing

The Policy on Personal Data Processing (hereinafter - the ‘Policy’) is developed in accordance with the Federal Law of 27th July 2006 No. 152 "On Personal Data" (hereinafter – ‘Federal Law-152’).

This Policy defines the procedure for the personal data processing and measures to ensure the security of personal data in the NPEI "The British International School" (hereinafter – the ‘Data Controller’) in order to protect the rights and freedoms of a person and a citizen in the processing of his/her personal data, including the protection of the rights to privacy, personal and family secrets.

The following basic concepts are used in the Policy:

• automated processing of personal data – processing of personal data by means of computer facilities;
• blocking of personal data - temporary termination of the personal data processing (except for cases when processing is necessary to clarify personal data);
• information system of personal data - a set of personal data, contained in databases, and information technologies and technical means providing their processing;
• depersonalization of personal data - actions, as a result of which it is impossible to determine the belonging of personal data to a specific personal data subject without the use of additional information;
• personal data processing - any action (operation) or a set of actions (operations) performed with personal data, with the use of automation tools or without using such means, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, using, transfer (distribution, provision, access), depersonalization, blocking, removal and destruction of personal data;
• Data Controller - a state body, a municipal body, a legal entity or an individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as defining the purposes of personal data processing, the composition of personal data, subject to processing, and actions (operations) performed with the personal data;
• personal data – any information related to a directly or indirectly defined or designated individual (personal data subject);
• provision of the personal data – actions aimed at disclosing personal data to a certain person or a specific group of persons;
• distribution of personal data - actions aimed at disclosing personal data to an indefinite range of persons (transfer of personal data) or for acquaintance of an unlimited range of persons with personal data, including the disclosure of personal data in mass media, placement of them in information and telecommunications networks or provision of access to personal data in any other way;
• cross-border transfer of personal data - the transfer of personal data to the territory of a foreign state to the authority of a foreign state, to a foreign physical or foreign legal entity;
• destruction of personal data - actions, as a result of which it is impossible to restore the contents of personal data in the personal data information system and (or) the result of which material data carriers of personal data are destroyed.

The Company is obliged to publish or otherwise provide unlimited access to this Policy on Personal Data Processing in accordance with Part 2 of Article 18.1. of Federal Law-152.

1. Principles of Personal Data Processing

   The processing of personal data by the Data Controller is carried out on the basis of the following principles:

   • legality and fair basis;
   • restrictions on the processing of personal data by the achievement of specific, pre-determined and legitimate purposes;
   • preventing the processing of personal data, incompatible with the purposes of collecting personal data;
   • preventing the merging of databases containing personal data, processing of which is carried out for purposes incompatible with each other;
   • processing only those personal data that meet the purposes of their processing;
   • conformity of the content and volume of processed personal data to the stated processing objectives;
   • preventing the processing of personal data that is excessive in relation to the stated objectives of their processing;
   • ensuring the accuracy, adequacy and relevance of personal data in relation to the objectives of personal data processing;
   • destruction or depersonalization of personal data upon achievement of the objectives of their processing or in case of loss of the need to achieve these objectives, if the Data Controller can not eliminate the committed violations of personal data, unless otherwise provided by the Federal law.
2. Terms and Conditions of Personal Data Processing

   The Data Controller performs the processing of personal data upon availability of at least one of the following conditions:

   • personal data processing is carried out with the consent of the personal data subject to the processing of his/her personal data;
   • personal data processing is necessary to achieve the objectives, stipulated by an International treaty of the Russian Federation or the law, for the implementation and performance of functions, powers and duties imposed on the Data Controller by the legislation of the Russian Federation;
   • personal data processing is necessary for the administration of justice, executing of a judicial act, an act of another body or official, subject to execution in accordance with the Law of the Russian Federation on Enforcement Proceedings;
   • processing of personal data is necessary for the performance of a contract to which the personal data subject is a party or a beneficiary, or guarantor, as well as to conclude a contract on the initiative of a personal data subject or a contract whereby the personal data subject will be a beneficiary or guarantor;
   • personal data processing is necessary for the exercise of the rights and legitimate interests of the Data Controller or third parties or for the achievement of socially significant objectives, provided that the rights and freedoms of the personal data subject are not thereby violated;
   • there is executed personal data processing, access of public to which is provided by the personal data subject or at his request (hereinafter – personal data open to public);
   • there is executed personal data processing subjected to publication or mandatory disclosure in accordance with the Federal law.
3. Confidentiality of Personal Data

   The Data Controller and other persons who have access to personal data must not disclose to third parties or disseminate personal data without the consent of the personal data subject, unless otherwise provided by the Federal law.

4. Public sources of personal data

   For the purposes of information support, the Data Controller can create publicly available sources of personal data of personal data subjects, including directories and address books. In the public sources of personal data there may be included, with the written consent of the personal data subject, his/her surname, name, patronymic, date and place of birth, position, contact phone numbers, e-mail address and other personal data reported by the subject of personal data.

   Information on the personal data subject must be deleted from the publicly available personal data sources at any time at the request of the personal data subject, the authorized body for the protection of the rights personal data subjects or by court order.

5. Special categories of personal data

   The processing by the Data Controller of special categories of personal data relating to race, nationality, political views, religious or philosophical beliefs, health status, intimate life is allowed in cases where:

   • the subject of personal data has consented to the processing of his/her personal data in writing;
   • personal data is made publicly available by the personal data subject;
   • personal data processing is carried out in accordance with the legislation on state social assistance, labour legislation, the legislation of the Russian Federation on pensions for state pension provision and the legislation of the Russian Federation on labour pensions;
   • personal data processing is necessary to protect the life, health or other vital interests of the personal data subject or the life, health or other vital interests of other persons and obtaining the consent of the personal data subject is impossible;
   • personal data processing is carried out for medical and preventive purposes, with a view to establishing a medical diagnosis, providing medical and medico-social services, provided that personal data processing is carried out by a person professionally engaged in medical activities and required to maintain medical secrecy in accordance with the legislation of the Russian Federation;
   • personal data processing is necessary to establish or implement the rights of the personal data subject or third parties, as well as in connection with the implementation of justice;
   • personal data processing is carried out in accordance with the legislation on compulsory types of insurance and with the insurance legislation.

   Processing of special categories of personal data, carried out in the cases provided for by Clause 4 of Article 10 of the Federal Law -152, must be immediately terminated if the reasons for their processing have been eliminated, unless otherwise provided by the Federal laws.

   The processing of personal data on the criminal record can be carried out by the Data Controller only in cases and in the manner determined in accordance with the Federal laws.

6. Biometric Personal Data

   The information that characterizes the physiological and biological characteristics of a person on the basis of which it is possible to establish his/her identity - biometric personal data - can be processed by the Data Controller only upon availability of the written consent of the personal data subject.

7. Instruction for the personal data processing to another person

   The Data Controller has the right to charge the processing of personal data to another person (Data Processor) with the consent of the personal data subject, unless otherwise stipulated by the Federal law, on the basis of a contract concluded with that person. Data Processor is obliged to comply with the principles and rules for personal data processing stipulated by the Federal Law-152 and this Policy.

8. Processing of personal data of citizens of the Russian Federation

   In accordance with Article 2 of Federal Law of 21st July 2014 No. 242 "On Amending Certain Legislative Acts of the Russian Federation Regarding Specification of the Procedure for Personal Data Processing in Information and Telecommunication Networks" when collecting personal data, including through information-telecommunication "Internet" network, the Data Controller is obliged to provide recording, systematization, accumulation, storage, clarification (updating, modification), extraction of personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation, except for the following cases:

   • personal data processing is necessary to achieve the purposes stipulated by the International treaty of the Russian Federation or the law for the implementation and performance of functions, powers and duties imposed on the Data Controller by the legislation of the Russian Federation;
   • personal data processing is necessary for the administration of justice, execution of a judicial act, an act of another body or official, due to performance in accordance with the Law of the Russian Federation on Enforcement Proceedings (hereinafter - the execution of a judicial act);
   • personal data processing is necessary for the exercise of the powers of Federal executive bodies, state non-budgetary funds, executive bodies of state power of the constituent entities of the Russian Federation, local self-government bodies and the functions of organizations participating in the provision of state and municipal services, specified in the Federal Law of 27th July 2010 No. 210 "On the Organization of Provision of State and Municipal Services", including registration of the personal data subject on a sole portal of state and municipal services and (or) regional portals of state and municipal services;
   • personal data processing is necessary for the professional activity of a journalist and (or) lawful activity of a mass media or scientific, literary or other creative activity, provided that the rights and legitimate interests of the personal data subject are not thereby violated.
9. Cross-border Transfer of Personal Data

   The Data Controller is obliged to make sure that the foreign state, into whose territory it is intended to transfer personal data, provides adequate protection of the rights of personal data subjects, before the commencement of such transfer.

   Cross-border transfer of personal data on the territory of foreign states that do not provide adequate protection of the rights of the personal data subjects may be carried out in the following cases:

   • existence of the written consent of the personal data subject for the cross-border transfer of his/her personal data;
   • performance of a contract to which the personal data subject is a party.

1. Consent of the personal data subject to the processing of his/her personal data

   The personal data subject decides to provide his personal data and agrees to their processing of his own free will and volition and in his interest. Consent to the processing of personal data may be given by the personal data subject or his representative in any form that allows to confirm the fact of its receipt, unless otherwise provided by the Federal law.

2. Rights of the personal data subject

   The personal data subject has the right to receive information from the Data Controller concerning the processing of his/her personal data, if such right is not restricted in accordance with the Federal laws. The personal data subject has the right to demand from the Data Controller the specification of his/her personal data, their blocking or destruction in case personal data are incomplete, outdated, inaccurate, illegally obtained or are not necessary for the stated purpose of processing, and also take measures, prescribed by the law, to protect their rights.

   Processing of personal data in order to promote goods, works, services on the market by making direct contact with the personal data subject (potential consumer) by means of communication means, as well as for political agitation is allowed only with the prior consent of the personal data subject.

   The Data Controller must immediately stop, at the request of the personal data subject, the processing of his/her personal data for the above purposes.

   It is prohibited to make decisions based solely on the automated processing of personal data that generate legal consequences with respect to the personal data subject or otherwise affect his/her rights and legitimate interests, with the exception of cases provided for by the Federal laws or with the written consent of the personal data subject.

   If the personal data subject considers that the Data Controller processes his personal data in violation of the requirements of Federal Law-152 or otherwise violates his/her rights and freedoms, the personal data subject has the right to appeal against the actions or omissions of the Data Controller to the Authorized body for the protection of the rights of personal data subjects or in court.

   The personal data subject has the right to protect his rights and legitimate interests, including compensation for damages and (or) compensation for moral damage.

The safety of personal data processed by the Data Controller is ensured by the implementation of legal, organizational and technical measures necessary to ensure the requirements of the Federal legislation in the field of personal data protection.

To prevent unauthorized access to personal data, the Data Controller uses the following organizational and technical measures:

• appointment of officials responsible for organizing the processing and protection of personal data;
• restriction of the composition of persons admitted to the personal data processing;
• familiarization of members with the requirements of the Federal legislation and regulatory documents of the Data Controller for the processing and protection of personal data;
• organization of accountancy, storage and circulation of media containing information with personal data;
• identification of threats to the security of personal data during processing and formation of threat models based on them;
• development of a personal data protection system based on the threat model;
• verification of readiness and effectiveness of using information protection tools;
• differentiation of users' access to information resources and software and hardware information processing;
• registration and recording of actions of users of information systems of personal data;
• the use of anti-virus tools and means of restoring the personal data protection system;
• application of firewall, intrusion detection, security analysis and cryptographic protection of information, if necessary;
• arrangement of access control to the territory of the Data Controller, security of premises with technical means for processing personal data.

Other rights and obligations of the Data Controller in connection with the processing of personal data are determined by the legislation of the Russian Federation in the field of personal data.

Employees of the Data Controller who are guilty of violating the rules governing the processing and protection of personal data bear material, disciplinary, administrative, civil or criminal liability in the manner established by the Federal laws.