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In what cases is it possible to transfer personal data of an employee without consent?

Mr. Erich Rath

The relevance of the topic of personal data in the past year is gaining momentum and the legislator is tightening measures for their processing, transfer and similar interaction with them.

We regularly receive questions on this topic from our clients and therefore, in this issue, the Sterngoff Audit team will try to clarify in which cases the personal data of an employee can be transferred without his written consent.


General rule

As a general rule, it is possible to transfer personal data of an employee to third parties only with his written consent on the basis provided for in Federal Law 152-FZ of July 27, 2006. For example, it is necessary to obtain the consent of an employee in order to transfer his data to another company, including within the holding. The fact that another company is associated with yours will not matter to the reviewers. According to Federal Law 152-FZ, any other company acts as a separate operator for the processing of personal data – and therefore it is impossible to transfer information about an employee to it without his consent.


When is consent not required?

It is not required to ask for consent if you need to transfer the employee’s data due to the requirements of Russian legislation, for example, to the Federal Tax Service, Social Insurance Fund, Pension Fund of Russia, to a telecom operator in order to issue a corporate SIM-card. All these rules apply not only to ordinary employees, but also to the director, heads of departments, departments. You do not need to request the consent of employees to transfer personal data in order to transfer them as part of a report, which the company is obliged to fill out with a certain frequency. For example, in accordance with clause 2 of article 6 of 152-FZ, consent is not required in order to send a monthly report to the Pension Fund in the SZV-M form. In it, companies indicate the full name, insurance number of an individual personal account and TIN of employees.

You do not have to issue a written consent if information about customers or company employees is required by the prosecutor’s office, police, labour inspectorate or other government agency that has the right to make such requests.

However, before sending a response to the government agency, we advise you to check whether it motivated in the request why it requires your company to provide information about the employee. The obligation to send documents with personal data of an employee arises only if the state body has indicated the purpose of the request. For example, explanation of a criminal case was opened against an employee or client.


Transfer of personal data to the bank – with the permission of the employee

Without the consent of the employee, it is impossible to transfer his personal data to the bank, even in order to issue him a salary card. The only exceptions are two situations: when the company sends personal data to the bank, in which the employee already has an account, and when the company has a power of attorney to represent the interests of the employee in the bank.

The Legal Department of Sterngoff Audit will be happy to support your company in preparing the necessary package of documents to avoid claims from Federal Service for Supervision of Communications, Information Technology and Mass Communications. So, from a recent case, we have updated a package of documents for our client in the Lipetsk SEZ so that the company meets all the requirements of Federal Law 152 FZ, avoiding the risks of calculating fines.

Contact our team, and we will promptly give feedback on whether your Company complies with the requirements of Federal Law 152-FZ on July 27, 2006, taking into account the latest innovations.

To get prompt feedback, write to us at