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Legal Regulation of the Processing and Protection of Personal Data of Employees: some Problems of Theory and Practice

Student: Angelina Balakina

Supervisor: Maria Panarina

Faculty: Faculty of Law

Educational Programme: Legal Support of Personnel Management (Master)

Year of Graduation: 2020

Digital transformation, the development of integration and globalization processes open up new opportunities for collecting, transmitting, storing and distributing information that identifies a person as a subject of personal data. The introduction of new information technologies, applications and smart devices allows employers and third parties to collect and link huge amounts of personal data of employees. New threats to privacy arising in the process of personal data processing in various contexts confirm the need to transform the current legislation and develop effective measures to protect the fundamental human right to personal data protection. The incidents of the last few years on the leakage of personal data have shown how dangerous for the preservation of privacy can be the illegal activity of the operator in the absence of appropriate legal instruments for the protection of personal data of employees. The purpose of the master dissertation is a comprehensive analysis of the legal framework and practice of legal regulation on processing and protection of personal data of employees, as well as the development of proposals aimed at improving legislation and improving the effectiveness of the legal mechanism for processing and protecting such data. The theoretical part of the work is devoted to the study of the formation and development of the Institute of personal data in Russia and abroad, consideration of the concepts of personal data, special and biometric personal data and criteria for their definition. The practical part of the work analyzes the features of storing and transferring employees 'personal data to third parties, including cross-border transfer, offers an algorithm for organizing the processing of personal data in the company, reveals the guarantees of protection of employees' rights in the aspect of private and administrative mechanisms that exist in practice, analyzes the current problems of administrative responsibility for violations in this area. The analysis of international practice, current legislation and its application revealed theoretical and practical problems, some gaps and conflicts of existing legal norms in the field of legal support and protection of personal data, and suggested solutions to them.

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