Submission of Personal Data to Court Bailiffs

Pepeliaev Group advises that the authorities of court bailiffs in respect of the receipt of personal data have been expanded by Federal Law No. 213-FZ dated 27 July 2010 “On Amendments to Federal Law No. 118-FZ dated 21 July 1997 “On Court Bailiffs” and Article 64 of Federal Law No. 229-FZ dated 2 October 2007 “On Enforcement Proceedings” on Issues of Submitting Personal Data to Court Bailiffs” (the “Law”). The Law will come into force from 10 August 2010.

The Law was adopted to clarify how court bailiffs should process the received personal data of individuals and to remove inconsistencies in legislation on enforcement proceedings and on the protection of personal data.
Previously legislation did not stipulate the court bailiff’s right to collect and process data in respect of an individual debtor and his or her property, which complicated attempts by court bailiffs to obtain the required data from certain agencies and organisations.

In accordance with the Law, court bailiffs have been granted the right to receive and process personal data, if such data are necessary to ensure the timely, complete and accurate enforcement of execution documents to the extent required for this purpose.

To protect individual rights, the Law obligates court bailiffs not to disclose confidential information that became known to them in connection with the performance of their duties.

The Law further stipulates that personal data received by court bailiffs during the enforcement of court judgements or certificates of other agencies or officials should be processed exclusively for the enforcement of execution documents in the required volume and subject to Federal Law No. 152-FZ dated 27 June 2006 “On Personal Data” (the “Personal Data Law”).

Personal data should be submitted to a court bailiff in the amount required for the court bailiff to perform duties in the form of certificates, documents and their copies on a gratuitous basis and by the established deadline.
Subject to clause 1, article 3 of the Personal Data Law, personal data are understood to mean any information relating to an individual, including his or her surname, name, patronymic, year, month, day and place of birth, address, marital status, social and financial status, education, profession, income and other information.

Personal data may be transferred to third parties without the consent of the owner, provided that this transfer is carried out under a federal law stipulating the goal of this transfer, the terms and conditions of obtaining personal data, establishes the range of people, whose personal data will be processed, and also defines the authorities of the operator (sub-clause 1, clause 2, article 6 of the Personal Data Law).

By virtue of article 53 of Federal Law No. 126-FZ dated 7 July 2003 “On Telecommunications”, data on subscribers and telecoms services provided to them that became known to telecoms operators by virtue of the execution of a contract on telecoms services are deemed confidential and should be protected under Russian legislation.

Data on subscribers include the surname, name, patronymic or pseudonym of an individual subscriber, subscriber’s address or address of the terminal, subscription numbers and other data allowing to identify the subscriber or terminal, information from databases reflecting data on payments for telecoms services, including connections, traffic and the payments made by the subscriber.

Any information about subscribers may be transferred to third parties without their consent only in cases stipulated by federal law.

Under the new Law telecoms operators will have to submit data on subscribers further to a corresponding request from a court bailiff.

For further information, please contact:

Natalya Ivashchenko, Head of telecommunications group, at: (495) 967-0007 or by n.ivashchenko@pgplaw.ru; Maria Kolesnik, Associate, at: (495) 967-0007 or by m.kolesnik@pgplaw.ru