Belarus to establish authorized body to protect rights of personal data subjects - law

<p> MINSK, May 19 - PrimePress. Belarus will set up an authorized body to protect the rights of subjects of personal data, in accordance with the Law on Protection of Personal Data, which was officially published on May 14, 2021 and will come into force in six months, reads a commentary made by the law firm Sorainen. </p> <p>   </p> <p> This is the first law specifically dedicated to personal data in Belarus. Its provisions significantly change and clarify the regulation of personal data processing. </p> <p>   </p> <p> According to the law, personal data means any information related to an identified individual or an individual who can be identified. The key basis for processing personal data is the consent of the subject of personal data. The law establishes certain criteria without which the consent would not be proper. In particular, the consent must be informed, i.e. the following information must be provided to the personal data subject before giving consent: </p> <p>   </p> <p> - The name and location of the operator; </p> <p> - The purpose of data processing; </p> <p> - the list of personal data; </p> <p> - The period for which the consent is given; </p> <p> - Information about authorized third parties; </p> <p> - list of actions with personal data; </p> <p> - Other information for "transparency" of personal data processing. </p> <p>   </p> <p> Prior to obtaining consent the operator is obliged to explain in simple and clear language to the subject of personal data his rights related to the processing of personal data, the mechanism for exercising such rights, as well as the consequences of giving or refusing to give consent to the subject of personal data. Various forms of consent are provided: in addition to the written form, consent may be obtained by a text message with a code, by e-mail, as well as by putting a mark on the site. </p> <p>   </p> <p> The law introduces a number of cases in which consent is not required. In particular, it is not necessary when there is an agreement with the subject of personal data for the purpose of its execution, or when formalizing and in the process of employment relations. </p> <p>   </p> <p> Personal data subjects will have the right to withdraw their consent to data processing, to obtain information on the processing of personal data and modify it, to demand the termination of personal data processing and (or) its deletion. </p> <p>   </p> <p> The subject of personal data has the right to receive information from the operator to provide his personal data to third parties once a calendar year free of charge. The standard term for response is 15 days. </p> <p>   </p> <p> According to the law, for the first time in Belarus an authorized body will be created to protect the rights of subjects of personal data. Its competence will include taking measures to protect the rights of subjects of personal data when processing personal data. Among other things, the authorized body will monitor the processing of personal data by operators and consider complaints of subjects of personal data. If necessary, it will be able to require operators to change, block or delete inaccurate or illegally obtained personal data. This body will be empowered to explain the legislation on personal data. </p> <p>   </p> <p> Sorainen experts say that sanctions in the field of personal data are being improved, including civil, administrative and criminal liability. It is assumed that the subject of personal data will be able to claim compensation for property damage and losses incurred, as well as moral damage caused to the subject of personal data due to violation of his rights. </p> <p>   </p> <p> Starting March 1, 2021 unlawful processing or violation of a personal data subject’s rights or the rules of their protection may lead to administrative liability. Depending on the violation, the sanction may be imposed on an individual (head) or a company and its size may vary up to 200 basic units (Br5,800 or $2,300 at the rate of National Bank of Belarus). In addition, the parliament is considering draft amendments to the Criminal Code of Belarus, which provides for introducing criminal liability in relation to personal data. End </p>

2021-05-20

Primepress