Екатерина Чернявская
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Кабмин определил порядок организации и проведения проверок юрлиц и ИП – операторов персональных данных, со стороны Роскомнадзора. Так, плановые проверки будут проводиться в соответствии с ежегодными планами проверок. А основанием для проведения такой проверки станет истечение трех лет со дня госрегистрации оператора в качестве юрлица или ИП, а также окончания последней плановой проверки оператора (постановление Правительства РФ от 13 февраля 2019 г. № 146 «Об утверждении Правил организации и осуществления государственного контроля и надзора за обработкой персональных данных»).
Однако в отношении ряда операторов указанные плановые проверки будут проводиться не чаще одного раза в два года со дня окончания его последней плановой проверки. Речь идет, в частности, об операторах, осуществляющих сбор биометрических и специальных категорий персональных данных. Также определен перечень оснований для проведения внеплановых проверок по приказу Роскомнадзора. В их числе – требование прокурора об осуществлении внеплановой проверки, а также неисполнение или частичное исполнение оператором предписания об устранении выявленного нарушения, выданного органами Роскомнадзора. Кроме того, основаниями для внеплановых проверок будут обращения граждан с подтвержденными фактами нарушения их прав.
Срок проведения плановой проверки не будет превышать 20 рабочих дней с возможностью однократно продлить его на этот же период времени. А срок проведения внеплановой проверки не превысит 10 рабочих дней с возможностью его однократного продления не более чем на 10 рабочих дней. Документ вступит в силу 23 февраля.
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