Housing Code and personal data. Expert commentary.
«5.1) the processing of personal data is necessary for management organizations, homeowners' associations, housing cooperatives, housing construction cooperatives or other specialized consumer cooperatives that manage apartment buildings in accordance with the Housing Code of the Russian Federation, or for persons with whom the owners of premises in an apartment building, when directly managing the apartment building, have entered into contracts for the provision of services and (or) the performance of work on the maintenance and repair of common property in this building, or for persons with whom the owners of premises in an apartment building, when directly managing or the owners of residential buildings, have entered into contracts for the provision of utilities, or for persons engaged on the basis of contracts to make settlements with the owners of premises in an apartment building, the owners of residential buildings, tenants of residential premises of the state or municipal housing stock for the maintenance and repair of common property in an apartment building, residential buildings and utilities;…»
The above clause supplemented a number of situations when the personal data operator is not required to obtain the consent of the subject to the processing of personal data.
On the one hand, this amendment fits logically into the new legal regime for the management of apartment buildings, which at the federal legislative level establishes the rights and obligations of participants in the relevant public relations and determines the specifics of these relations. From the point of view of the legislation on personal data, the change in question does not introduce fundamental changes to the existing regime for regulating the processing and protection of personal data, but to a certain extent simplifies the lives of numerous organizations that manage apartment buildings, as well as provide utilities and make payments to owners of premises.
On the other hand, the emergence of yet another exception brings sad thoughts about the integrity and applicability of the norms of the institution of consent of subjects to the processing of their personal data. The text of the amendment clearly stipulates the condition of the absence of the need to obtain consent: the processing of personal data occurs in connection with the norms of the Housing Code of the Russian Federation or in connection with the provisions of the relevant agreement. But the above condition actually duplicates the content of paragraphs 1 and 2 of Part 2 of Article 6 of Federal Law-152. Thus, the legislator descends from the level of regulation of typical situations (for example, the processing of personal data in connection with the implementation of the provisions of the agreement) to the level of regulation of specific situations (contractual relations in the field of housing and communal services). In addition, there is a devaluation of the meaning and value of other norms of the institution of consent of subjects to the processing of their personal data (in particular, paragraphs 1 and 2 of Part 2 of Article 6 of Federal Law-152).
Alexey Muntyan, lawyer of the company «InfoTechnoProekt».