Complaint to Roskomnadzor about the use of personal data

Roskomnadzor: scope of activity

The Federal Service for Communications, IT and Mass Communications was created to control the protection of personal data, regulate the activities of Internet communications and mobile operators.
The state structure bases its work on Part 4 of the Civil Code of the Russian Federation, which discusses the main aspects of copyright. The activities of the service are regulated by Government Decree No. 228 of March 16, 2009. Roskomnadzor often acts as a tool for blocking sites that contain extremist or opposition information. The government agency controls the quality of services provided by mobile operators.

Grounds for filing a complaint

In accordance with the legislative act, a complaint is filed against legal entities and individuals on the following grounds:

on the spread of false information in the media;
for calls from collectors to debtors and their relatives;
against the telecom operator for poor quality service;
on the activities of Internet resources that violate current legislation;
when posting personal data or personal information about a citizen on the Internet without his consent;
when access to information is blocked by providers without good reason.

A complaint about Russian Post may be sent to Roskomnadzor if:

parcel notification not received;
the postal item did not reach the addressee due to the fault of the organization’s employees;
delivery deadlines were violated;
the parcel or letter was delivered in improper condition.

Employees of the organization do not consider requests that are related to the following reasons:

passing cargo through customs control;
compensation for damage due to inadequate quality of postal services;
postal tracking;
providing information about the location of the parcel.

The agency monitors the illegal operation of the site. Roskomnadzor blocks an Internet resource if information is posted in violation of the law.

A complaint about the site can be filed in the following cases:

copyright infringement;
presence of obscene language and swearing on the web page;
calls for extremism, violence;
availability of information about narcotic substances and methods of their manufacture;
content on the page viruses, spam, etc.

Reference! The procedure for restricting access to the site is established in Art. 15.4 of Law No. 149-FZ of July 27, 2006.

A citizen has the right to file a complaint against debt collectors if they call not only the debtor, but also his relatives and friends. In this case, the financial organization may be punished for violating the Law on Personal Data No. 152-FZ of July 27, 2006. In Art. 6 of Law No. 230 of 07/03/2016 states that the bank does not have the right to transfer personal information about the debtor to third parties without his consent.

Issues related to the installation of radio-electronic installations are considered by the self-government bodies of the municipality. Appeals regarding electromagnetic radiation and its impact on human health are sent to Rospotrebnadzor. The “Electronic Reception” section is posted on the organization’s official website.

Complaint about the use of personal data

Illegal use of personal data has become increasingly common. This raises the need to protect or delete personal information. A complaint about the use of personal data can be filed with the Federal Service for Supervision of Communications, Information Technologies and Mass Communications, better known as Roskomnadzor.

We are ready to file such a complaint. Cost – 7,500 rubles. Duration – 2 working days.

Personal data means not only the last name, first name and patronymic of a person. It could also be a family secret, residential address, profession, date of birth and much more, since the list is open. A mobile phone number or email can also be personal data, as they can indirectly identify an individual. If such information gets into the network and you have not given consent to the processing, distribution and use of personal data, then the question arises - how to remove information about yourself from the Internet?

First of all, you need to prove that the information is personal to you. If personal data appears on any website, you must write to the administrator of such a site to remove personal data. Along with the letter, also provide proof of your personal data (for example, a screenshot of your passport).

Situations often arise when you see unpleasant or unreliable reviews about yourself. It is also possible to remove negative reviews about yourself by writing to the administrator of the blog or website where such information was posted. But the site owner may refuse your request.

To protect your rights, you have the opportunity to file a complaint about the use of personal data with Roskomnadzor, the body mentioned earlier.

The grounds for filing a complaint will be: – collection and processing of personal data without the consent of the person concerned – distribution of personal data – other violations

Important! There are cases specified in the Law “On Personal Data” when the lack of consent of a person will not be a violation. (For example, when participating in civil, criminal or administrative proceedings).

The procedure for filing a complaint with Roskomnadzor (the relevant body that considers issues of violation of the law on personal data): 1) An important component of the complaint will be the full name. , applicant's address. 2) The name of the body to which the complaint is filed. In our case, this is Roskomnadzor. 3) Date of application. 4) Description of the violation. 5) The applicant’s request is to delete personal data on a specific website, Internet page, blog, etc. 6) Applications that confirm your personal data and violation When filing such a complaint, Roskomnadzor is obliged to go to court if the employees of this body are convinced that this is primarily personal information. Therefore, if a question arises - how to remove information about yourself from the Internet, collect evidence and documentary evidence of personal data, and then contact the above-mentioned authority. What else is important to know when filing a complaint? Before filing a complaint, you should first contact the owner of the site or organization against which the complainant has complaints. If you are denied a request, for example, to remove negative reviews about yourself or delete personal data, then when filing a complaint with Roskomnadzor, also attach this refusal.

Two ways to file a complaint: – electronically using the Roskomnadzor website – a letter drawn up in writing in duplicate and submitted through the office of Roskomnadzor – make an appointment in person directly with the department itself

The options for proving a violation when filing a complaint about the use of personal data are different: screenshots from websites, copies of photographs, videos, clippings from printed publications, and others. Such evidence is necessary to obtain an answer in your favor; their absence may delay the process of considering the complaint and there is a greater chance of receiving a refusal.

We have already filed similar complaints. All links where negative reviews were found are indicated in detail - this is an important part of the complaint, to disclose and describe in detail the applicant’s request.

The processing time for applications is quite reasonable. As a rule, after 3 days your complaint will be registered, and up to 30 days (maximum period) the complaint will be considered by Roskomnadzor. Liability for violations in the field of illegal use of personal data is also established - an administrative fine, and in rare cases, criminal liability.

In addition to the complaint to Roskomnadzor, the answer to the frequently asked question of how to remove information about yourself from the Internet will be the exercise of the right to be forgotten . Although the concept of the right to be forgotten has existed for a long time, it has become relevant relatively recently. This right makes it possible to demand the termination of the issuance of personal data that is unreliable and not up to date. Such information can be posted earlier by the person who published it, and by other persons who collect, process, and store data. This right can be exercised by contacting search engines (Yandex, Google, others) if there is a need to delete information. An application for the right to be forgotten must be submitted to the search engine operator, since the procedure is declarative.

The application for the right to be forgotten, in other words, the application for the removal of links, must contain the rationale for the applicant's request. The applicant must independently indicate a link providing access to the disputed information. The “law on oblivion” provides an exhaustive list of details for drawing up an application: 1) Standard data Full name, passport data, contact information; 2) Link to a site where false data is posted; 3) Characteristics of the information that needs to be deleted and evidence; 4) The applicant’s consent to the processing of personal data.

Important!
Information to be deleted must be inaccurate, illegally distributed or outdated. Information that contains information about the applicant's crimes or outstanding convictions cannot be deleted, since such information affects the public interest. An example of completed applications to stop issuing information that were submitted to the well-known search engines Yandex and Google.
Upon application of the right to be forgotten, the search engine operator, if proven by the applicant, will be obliged to stop issuing information by removing links to the information specified by the applicant. If inaccuracies or shortcomings are found in the application, the applicant is given 10 days to correct such errors or provide additional documents. The existing “law of oblivion” prioritizes the right to privacy and the protection of personal data rather than the right to free access to information.

Briefly about the above.

Regarding the implementation of the right to be forgotten and how it will be in practice, it can be noted that different search engines have their own percentage of satisfying applicants’ requests to delete any personal information. But the proportion of positive responses to appeals is not large, and if a negative response is received, you have to go to court with a similar dispute.

Therefore, in order for your appeal to be considered and, at best, satisfied, it will be necessary to contact lawyers at a minimum for advice and assistance in collecting evidence of unreliability, irrelevance and illegality of information. In addition to Roskomnadzor, you can file a complaint, for example, to remove negative reviews about yourself - directly to the court.

However, the advantage of contacting the Roskomnadzor department will be a relatively cheap cost. Despite the fact that a complaint about the use of personal data will help solve the problem, its preparation and correct execution is no less important. Otherwise, such a complaint will simply not be accepted and the removal of information and personal data will be refused.

In this case, the lawyer facilitates the registration, presentation of evidence together with the complaint, and further assistance in removing information and reviews.

The cost of the lawyer’s services includes developing the claim itself and sending it first to the site owner or search engine operator and to Roskomnadzor. If necessary, we will also help at the stages of the trial.

The cost of a complaint to Roskomnadzor is 7,500 thousand rubles.

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How to apply?

A complaint against a bank, online resource, or mobile operator can be filed in several ways:

through the electronic reception on the department’s website;
by mail;
during a personal visit to a government agency;
through the State Services portal.

The procedure for considering applications from individuals and legal entities is regulated by Law No. 59-FZ of May 2, 2006. Citizens' appeals received electronically can be forwarded to the territorial divisions whose department is responsible for resolving these disputes.

Before submitting an application to Roskomnadzor, you need to make sure that its consideration is within the competence of the government agency. Otherwise, the complaint will be ignored.

An application to Roskomnadzor is submitted directly to the territorial department of the organization. Addresses of services can be found on the official website of the department in the “Contacts” section. The web resource contains the organization's hotline and email numbers. To personally contact the head of the department, you must make an appointment in advance in the “Pre-registration” section. A citizen can choose the date and time of visiting a government agency.

Sample complaint to Roskomnadzor against a telecom operator

Complaint about inaction to the prosecutor's office against police officers

You can write a complaint against a telecom operator to Roskomnadzor quite legally. This can be done both in person and online. The sample is presented on the official website of the Authority. After reviewing the submitted application, the supervisory service will check the legality of the operator’s activities, compliance with standards for the quality of communication, as well as illegal blocking of certain pages on the Internet and illegal debiting of funds from a citizen’s personal account.

An application for an operator is drawn up in accordance with the following rules:

In the upper right corner all the personal information of the applicant, as well as the operator in respect of whom the application is being written, is written down.
Next, in several paragraphs, the problem is described in as much detail as possible (illegal debiting of funds, abuse of authority by the operator, distribution of personal information of the subscriber, and so on).
Providing numbers, names and contents of laws and regulations that were violated in the opinion of the applicant. Leave links to them.
A request for compensation for material and moral damage, specifying the exact amount that, in the applicant’s opinion, will cover all costs.
Attachment of evidence of violations: screenshots, audio recordings, witness statements.
Date and personal signature of the applicant confirming personal submission of the document.

How to file a complaint?

Law No. 59-FZ of 05/02/2006 contains requirements for how to write an application to Roskomnadzor . An anonymous complaint cannot be sent to a government agency.

The claim must contain the following information:

information about the applicant;
details of the territorial office where the document is sent;
description of violations;
list of attached evidence;
requirements for the department;
date and signature.

A sample complaint can be viewed here. If it contains profanity, threats, or insults, it will not be considered by government officials. If the text does not indicate the essence of the violations and requirements, or they cannot be clearly defined, the citizen is notified of this no later than 7 days after registration of the application.

Attention! The response to the appeal is sent electronically to the e-mail specified in the form.

It is recommended that the complaint state the violations briefly and to the point. If possible, it is necessary to refer to the legislative acts that were violated. Evidence of violations must be attached to the document.

Among them are:

audio and video files;
photo;
screenshots of web pages;
contract for services;
copies of payment documents;
print media, etc.

Instead of a document, it is allowed to indicate a link where it can be downloaded. When writing a complaint against debt collectors, you can submit recordings of telephone conversations with threats, insults and other actions that violate Law No. 230 of 07/03/2016.

Reasons for appeal

Why should you contact Roskomnadzor? It is this organization that controls the security of personal data and punishes in case of its illegal distribution.

The complaint will not be accepted if the submitter himself has given permission for his personal information to be publicly displayed (provided that the information is used for its intended purpose, in accordance with the permission of the data owner).

I would also like to pay attention to what data is personal and fits the criteria:

FULL NAME;
Date and place of birth;
current marital status;
place of work, information about income;
telephone number, address, children's information, etc.

Such information is personal and cannot be disseminated just like that, so if confidentiality is violated, you should immediately contact Roskomnadzor, and the problem will soon be corrected.

An exception is that the citizen himself has given the go-ahead for the dissemination of his personal information, unless the terms of the permit have been violated.

Terms of consideration

The complaint is registered within 3 days after receipt by the government agency.
After this, it is considered no longer than 30 days. The period is extended if circumstances so require. But civil servants cannot consider the application for longer than 2 months. Personal data of citizens who submitted an application electronically are stored and processed in accordance with Law No. 152-FZ of July 27, 2006. On the official website of Roskomnadzor, you can fill out an application to receive information about the reason for blocking an Internet resource, for which you will need a domain address. Appeals are sent to the department to remove restrictions on the operation of the site. The organization is engaged in the protection of copyright and related rights on the Internet.

Roskomnadzor monitors compliance with legislation in the media and telecommunications networks, including the Internet. If violations are detected, any citizen has the right to file a complaint against the site, legal entity or individual. In order for the application to be considered as quickly as possible, it is recommended to contact the territorial body of the Federal Service. Citizens are given the opportunity to send an appeal through an electronic reception. The processing time for applications does not exceed 2 months.

Result of the complaint consideration

If the test result is positive, the problem will be immediately corrected and the data will be erased from public view. Also, the company’s website may be blocked due to violation of the laws of the Russian Federation.

Complaints are usually accepted without problems, the main thing is to fill out the form correctly, provide reliable data (so that there are no problems with personal identification), and write the application correctly.

Remember! It is necessary to exclude any abuse towards the offender, emotional coloring, or grammatical errors. It is these factors that negatively affect consideration and ultimately cause refusal.

If the complaint was rejected, the citizen receives a refusal with an explanation of the reasons.