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rvt612013-11-28 10:23:04
Law in IT
rvt61, 2013-11-28 10:23:04

How to remove data about yourself from a large site?

Good afternoon!
When I worked at the NNN Medical Center, information about me (photos, interviews) was posted on one of the largest sites in our city, in an advertising and information article for the NNN Medical Center.
Now I am engaged in private practice, but in search engines, when my name and type of activity are requested, this article is displayed in the TOP. Thus, all my potential clients do not reach me, they are looking for me, based on what is written in the article, at the NNN medical center. I'm losing profits, I'm losing loyal customers who can't find me.
The site administration refers to the fact that the information was posted with the consent of the NNN medical center.
But I, as a citizen of the Russian Federation, do not agree with the placement of information on the Internet that threatens my well-being.
I am interested in the legal side of the issue, how to delete (correct for up-to-date) information about yourself on the Internet. How to act in such a situation?

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6 answer(s)
A
Andrew, 2013-11-28
@rvt61

According to the modern edition of 152-FZ "On Personal Data", the site administration in this case is "the person who processes personal data on behalf of", and the medical center is "the operator of your personal data." In such a situation, you can legally send any request only to the medical center, this is clearly indicated in Part 5 of Article 6 of the Federal Law (it releases processors from direct liability to the subject of personal data, otherwise they would be inundated with a stream of appeals and complaints).
The medical center may refer to the fact that you were an employee of the medical center earlier (that is, it places information about you on the site as an employee who previously worked at this medical center, as an advertisement for the medical center).
Then there are 2 possibilities for you:
clarify on the site personal data about you as a "specialist who formerly worked in this medical center", they are obliged to do this in accordance with part 3 of article 20 of the Federal Law within 7 working days without any excuses;
2) require the medical center to stop processing your data FOR THE PURPOSES OF ADVERTISING of the medical center (i.e. continue to carry out it only for the purpose of fulfilling an employment contract that has taken place, to which they are entitled under the Labor Code, regardless of your desire); the purpose of advertising is not described anywhere in federal laws, and even if you gave consent to it, you have every right to withdraw it in this part; the medical center will be obliged under the Federal Law to require the site administration to delete the information within 30 calendar days (part 5 of article 21 of the Federal Law).
In all letters, indicate a specific period and mention that you have the right (in case of failure to take action within this period) to apply to RosKomNadzor with a complaint about non-compliance with 152-FZ. RosKomNadzor usually responds promptly to such requests.
A separate question is about the photo, it can be solved according to the Civil Code of the Russian Federation (described above in the answer of @alexeisirotkin ), but as I understand it, your goal is not only this.

A
Andrey, 2013-11-28
@AndreyMorozov

If your full name and place of work are indicated there, this is already considered personal data. And you can post them on the site only with your written consent. So you can write a statement to Roskomnadzor about the violation of 152-FZ "On Personal Data".

A
Alexey Sirotkin, 2013-11-28
@alexeisirotkin

The site administration has nothing to do with it, they show ads for which they paid.
You need to address this issue with the medical center.

O
OnYourLips, 2013-11-28
@OnYourLips

But as a citizen of the Russian Federation, I do not agree with the placement of information on the Internet that threatens my well-being.
Yes, you have the right to disagree with something.
But you have no right to forbid people to realize their rights.

P
Puma Thailand, 2013-11-28
@opium

File a lawsuit, they will quickly remove it.

A
Alexander Klepenkov, 2014-12-30
@kladus

It is advisable to remember what was written in your "consent to the processing of personal data", when applying for a job you signed this, but of course you do not remember what purposes of processing personal data are indicated there, therefore:
1. Letter to NNN in free form with notification on receipt with a request to stop processing personal data
2. if not stopped, write a statement to pd.rkn.gov.ru/public-recourses/, where we attach a scan of the notification and describe the situation in detail.
3. Roskomnadzor will check the legitimacy of the processing (including what is written in the consent, maybe you signed up for the fact that you agreed to post your personal data on the site for 10 years :) and either tell you "Alas" or oblige NNN to delete the information

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