Managing partner of the Nadmitov, Ivanov and Partners Law Firm Alexander Nadmitov gave comments to RBC on the legality of the Decree of the Mayor of Moscow dated 06.10.2020 No. 97-UM, which obliged employers to provide information about employees, including their phone numbers, transport funds and travel tickets.
Alexander Nadmitov told RBC that consent to the transfer of personal data is not needed if they are processed on the basis of clause 2, part 1 of Art. 6 of the "Law on Personal Data", i.e. “To carry out the functions, powers and duties assigned by the legislation”. "This rule can be used as a basis for bypassing the requirement to obtain the consent of employees to transfer and process personal data, since the employer is obliged to transfer the relevant data by decree of the mayor of Moscow," Nadmitov said.
He added that the law does not provide for employee liability in case of refusal to transfer information. However, according to the same decree of the mayor, the employer can bear it. “It remains to be assumed that employers will file demands for the recognition of decisions on bringing to administrative responsibility unlawful due to the fact that the information was not provided due to the employee's refusal,” Nadmitov suggested.
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