After the adoption of the decrees of the Government of the Russian Federation of 31.07.2014 N 758 "On Amendments to Some Acts of the Government of the Russian Federation in connection with the adoption of the Federal Law" On Amendments to the Federal Law "On Information, Information Technologies and Information Protection" and individual legislative acts of the Russian Federation on the streamline of information exchange using information and telecommunication networks "(hereinafter referred to as the Resolution No. 758) and from 12.08.2014 N 801" On Amendments to Some Acts of the Government of the Russian Federation "(hereinafter - the Resolution No. 801) changed:
Rules for the provision of universal communication services (hereinafter referred to as rules N 241);
Rules for the provision of data transfer services (hereinafter referred to as rules N 32);
Rules for the provision of telematics services (hereinafter referred to as rules N 575) -
(These rules of the ultimate rules. Resolutions of the Government of the Russian Federation of 21.04.2005 N 241, of January 23, 2006 N 32, from 10.09.2007 N 575, respectively).
Thus, now the provision of universal communication services for data transmission and providing access to the Internet using collective access points is carried out by the universal service operator after the identification of users (paragraph 1 of paragraph 3 (1) of the Rules for the provision of communication services).
Recall that the telecom operator is a legal entity or an individual entrepreneur who provide communication services based on the relevant license (clause 12 of Art. 2 of the Federal Law of July 7, 2003 No. 126-ФЗ "On Communication", further - a law on communication).
The universal service operator is a telecom operator that provides communication services in the public communication network and which is entrusted with the obligation to provide universal communication services (paragraph 13 of Art. 2 of the Communication Act).
Universal communication services include the use of collective access tools or access points (clause 1, Article 57 of the Communication Act):
Telephone services using taxophones, multifunctional devices, information kiosks (infomation) and similar devices;
Data transfer services and providing Internet access using collective access tools;
Services for data transfer and providing access to the Internet using access points.
Collective access tools - end equipment designed to provide an unlimited chart of faces the possibility of using communication services using custom equipment or without it (clause 28.3 of article 2 of the Communication Act).
Access point - collective access tool, designed to provide an unlimited chart of faces the ability to use data transfer services and providing access to the Internet using the user's custom equipment (clause 28.4 of Art. 2 of the Communication Act).
Resolution N 758 establishes that the user's identification is carried out by the universal service operator by establishing the name, name, user patience confirmed by the identity document (paragraph 2 of paragraph 3 (1) of the rules N 241).
Note. Most telecom operators have already included in the standard contracts to submit a list of employees using the workers.
However, the employer should be remembered that the transfer of personal data to the operator of personal data of employees without their consent is a violation of the requirements of Art. 88 of the Labor Code of the Russian Federation and the Federal Law of 27.07.2006 N 152-FZ "On Personal Data". That is why it is necessary to check whether the consent of employees was obtained for the processing of their personal data.
Resolution No. 801 has established additional ways to identify customers, including by determining the number of cell phones (paragraph 2 of paragraph 3 (1) of the rules N 241), i.e. The telecom operator has a choice of a method for defining the user. If an urgent contract for the provision of one-time transmission services or one-time telematics services in collective access clauses is listed, the telecom operator also performs user identification and equipment used (para. 1 p. 24 (1) of the rules N 32, para. 1 . 17 (1) Rules N 575).
Note. In the event that the contract for the provision of communication services is concluded before the adoption of the changes under consideration, no action can be taken, including no existing treaties.
The regulations did not spend any transitional provisions, as well as the fact that their action applies to relations arising from previously concluded contracts (which, however, did not prevent a number of telecom operators already sent notifications and additional agreements to contracts).
The communication operator before providing Internet access has the right to offer the user to enter the number of his mobile phone to which the appropriate code will be sent, or the user can specify the name, name and patronymic that is confirmed by the account on a single portal of public services, identity document, or other A way that does not contradict legislation.
Details about users (Full name, details of the identity document), which were provided with communication services using collective access points, as well as on the volume and service time, are stored by the operator at least 6 months (paragraph 9 of the rules N 241) . If the Wi-Fi access point is installed by the communication operator, it must send an SMS user with a request to receive identification data or suggest a special form to specify the data before opening Internet access.
If the Wi-Fi access point is installed by a private person, no duties will not appear in connection with change.
It should be noted that the employers have a new responsibility - the presentation of the list of persons using the user (terminal) equipment (clause 26 (1) of the rules N 32 and paragraph 22 (1) of the rules N 575).
Custom equipment (terminal equipment) is technical means for transmitting and (or) reception of telecommunication signals over communication lines connected to subscriber lines and those in the use of subscribers or intended for such purposes (clause 10 of Article 2 of the Communication Act), t .. Modems, routers, mobile phones, etc.
The specified list must contain the following information:
Surname, name, patronymic (if available);
Location;
Details of the main document certifying personality (passport).
The list is assigned by the employer. The deadline for submitting a list is indicated in the contract between the operator and the employer, but not less than once a quarter.
An example of execution of a list of persons is shown in the sample.
Sample
List of persons using user (terminal) equipment "Firm"
|
Full Name |
Place of accommodation |
Details of a document certifying |
|
|
Ivanov Alexander Petrovich |
127221, Moscow, Ave. Of the world, d. 33, square. ten |
Passport 4555 123456, Ident. ATS "Northern Medvedkovo" 11/11/2003 |
|
|
Rodowaeva Anna Ilinichna |
140800, Moscow region, Dmitrov, ul. Chekist, d. 5, square. 2. |
Passport 4608 599987, Ident. Department of the Federal Migration Service of Russia in the Moscow Region in Dmitrovsky district 11.04.2009 |
|
|
Yurieva Nadezhda Pavlovna |
According to the Decree of the Government of the Russian Federation of 07/31/2014 N 758, the Organization should transmit data on end users with the Internet provider. Do I need to receive an agreement with the employee to transmit this data? What is the responsibility for failure to provide these data?
Whether in order to transfer a provider of information about which from employees of the organization uses the Internet, to pre-receive their consent to the processing of personal data, they tell experts of the legal consulting service Garant Tatyana Troshin and Maxim Kudryashov.
Decree of the Government of the Russian Federation of 31.07.2014 N 758 amended the rules for the provision of data transfer services approved by the Decree of the Government of the Russian Federation dated January 23, 2006 N 32 (hereinafter referred to as the rules N 32) and the rules for the provision of telematics services Federation of 10.09.2007 N 575 (hereinafter referred to as rules N 32). These rules N 32 and rules N 575 are adopted in accordance with paragraph 2 of Art. 44 of the Federal Law of 07.07.2003 No. 126-ФЗ "On Communications" (hereinafter - the law on communication).
So, in accordance with clause 26.1 of the rules No. 32 and paragraph 22.1 of the rules N 575, it is provided for the obligation to provide an operator with a legal entity or an individual entrepreneur of a list of persons using its user (terminal) equipment. The specified list should contain information about persons using its user (terminal) equipment (surname, name, patronymic (if any), place of residence, details of the main document certifying personality), and updated at least once a quarter.
In accordance with Art. 3 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" (hereinafter - the Law N 152-FZ) Under personal data is understood as any information relating to directly or indirectly defined or determined to the physical person (subject of personal data). In essence, this is any information by which you can determine (identify) the subject of personal data, which is fully consistent with the provisions of Art. 2 Conventions on the protection of individuals with the automated processing of personal data concluded by Member States of the Council of Europe 01/28/1981 (entered into force for the Russian Federation 09/01/2013).
According to Art. 86 TK RF Processing Personal Data Employee can be carried out solely to ensure compliance with laws and other regulatory legal acts, promoting employees in employment, training and promotion, providing personal security of workers, control of the number and quality of work performed and ensuring the safety of the property. The employer is not entitled to report personal data of the employee to a third party without the written consent of the employee, unless it is necessary to prevent the threat of life and the health of the employee, as well as in other cases provided for by the TK RF or other federal laws (Art. 88 of the Labor Code of the Russian Federation) .
As a general rule, personal data processing can be carried out with the consent of the personal data entity (paragraph 1 of Part 1 of Article 6 of the Law N 152-FZ). However, as follows from Art. 6, cp. 2, 3 tbsp. 9 of the law N 152-ФЗ, if there are grounds provided for by PP 2-11 h. 1 tbsp. 6 of the Law N 152-FZ, the consent of the subject of personal data on their processing is not required. So, in particular, the processing of the employer of personal data without the consent of the employee is allowed if it is necessary to achieve the goals provided for by the International Agreement of the Russian Federation or the law to implement and implement the laws by the legislation of the Russian Federation on the operator of functions, powers and obligations (p. 2 h. 1 . 6 of the law N 152-FZ).
Employer's responsibility to provide an account operator to the list of persons using the user (terminal) equipment of the operator, is provided for by law on communication, rules No. 32, rules N 575. Thus, the processing of personal data is necessary to achieve the goals provided for by law to implement and implement the laws of the Russian Federation on the operator duties. Therefore, in our opinion, after making an agreement on the provision of communication services of relevant changes, the provision of the above-mentioned list of communication operator by virtue of paragraph 2 of Part 1 of Art. 6 of the Law N 152-FZ does not require the consent of employees.
In accordance with paragraph 3 of Art. 44 of the Law on Communications In the event of a violation by the service of communication services established by the Communications Law, the Rules for the provision of communication services or the agreement on the provision of communication services, the telecom operator has the right to suspend the provision of communication services to eliminate the violation. In case of disassembly of such a violation within six months from the date of receipt by the user of communication services from the telecommunications operator in writing about the intention to suspend the provision of communication services, the telecom operator unilaterally has the right to terminate the agreement on the provision of communication services. Thus, if the organization does not provide a communication to the Operator's list to the Operator's Operator, the operator has the right to suspend the provision of communication services, and after six months, it is entitled to terminate the agreement on the provision of communication services.
In conclusion, we note that at present the legislation does not establish administrative, criminal or other responsibility for failure to provide an operator of the list of persons using a user (terminal) equipment of the operator.
With the texts of the documents mentioned in the Answer Experts, you can find a guarantor's help legal system.
With the entry into force of the Decree of the Government of the Russian Federation of July 31, 2014 No. 758 "On Amendments to Some Acts of the Government of the Russian Federation in connection with the adoption of the Federal Law" On Amendments to the Federal Law "On Information, Information Technology and Information Protection" and Some legislative acts of the Russian Federation on the streamline of information exchange using information and telecommunication networks "have a new duty: Provide communication operators a list of workers who have access to the Internet. It is important to note that only those employees are included in such a list that use user (terminal) equipment belonging to their employer. Therefore, to remote employees, for example, this ratio does not have a relationship, since they conclude contracts with telecom operators independently or enjoy the equipment of other organizations, that is, they themselves are subscribers - individuals or use the equipment of other subscribers.
At the same time, the only requirement for the list of workers who have access to the Internet is enshrined in paragraph 22 (1) "Rules for the provision of telematics services", approved. Decree of the Government of the Russian Federation of September 10, 2007 No. 575 (hereinafter referred to as the rules), a decree of the Government of the Russian Federation of July 31, 2014 No. 758. According to the specified norm, the list must be certified by an authorized representative of a legal entity (or an individual entrepreneur) and updated at least Quality times. Otherwise, legislation does not contain imperative prescriptions regarding the direction of the list. It seems that this issue can be resolved in the employer's contract with the telecommunications operator. At the same time, the free written form is quite suitable for the design of such a list. You can send the list to the operator in any way, for example, by mail. The main thing is that in the case of disputes in the management of the organization there were confirmation of the performance of their duty.
At the same time, it is important to understand that in order to fulfill the requirement of rules, employers will need to obtain the consent of employees to transfer their personal information to a third party (paragraph 1 of Part 1 of Article 6 of the Federal Law of July 27, 2006 No. 152 FZ).
So, as a general rule, the employer mustdo not inform personal data of the employee to a third party without the written consent of the employee (part 1 of Art. 88 of the Labor Code of the Russian Federation). Exceptional cases of transmission of personal data of workers without their consent are established by the Labor Code and federal laws. In addition, the transfer of personal data without consent is allowed when it is necessary to prevent the threat to the life and health of the employee, the employer is obliged to inform the personal data of the third party without the written consent of the employee (part 1 of Art. 88 of the Labor Code of the Russian Federation).
Despite the fact that the rules are approved by the Government of the Russian Federation in pursuing the federal law, the requirement to provide personal data of employees to the telecom operator, enshrined in paragraph 2 (1) of the Rules, was still not a federal law, but by a subtitle act - a decree of the Government of the Russian Federation. Thus, the employer will have the obligation to obtain the consent of employees to provide their personal data to third parties.
At the same time, the norm of Part 1 of Art. 88 of the Labor Code of the Russian Federation provides an employee the right to protect his personal data from their processing by third parties, therefore it appears that the employee's refusal to give consent to the provision of its personal data cannot be the basis for applying any disciplinary responsibility to it, since such a refusal is legitimate Action aimed at implementing its right, and not a disciplinary misdemeanor.
At the same time, if the employer provides data on employees without having enlisted their consent, he faces responsibility for violation of the procedure for collecting, storing, using or disseminating information about citizens (personal data) (Article 13.11 of the Administrative Code of the Russian Federation).
If the employer does not fulfill his duty to transfer the corresponding lists to the telecom operator, the latter may, guided by paragraph 3 of Art. 44 FZ "On Communication", suspend the provision of communication services, and in disregard disruption to terminate the contract. But it should also be noted that in Chapter 13 of the COAMA, which establishes the responsibility for administrative offenses in the field of information and communication, there is no composition of the offense, which could be able to qualify the unclear in the agreement on the provision of communication services provided for by paragraph 2 (1) of the Rules. Since the requirement for the provision of information in accordance with the rules should be included in the content of the contract, the execution of this requirement is not possible until the contract appears in the contract. It seems that at present, in the absence of responsibility for evading inclusion in the agreement, the duty and procedure for the provision of an operator of communication with a legal entity or an individual entrepreneur of the list of persons using its user (terminal) equipment, an employer and telecom operator can ignore new requirements by mutual agreement .
In preparing the material, state support funds were used, allocated as a grant in accordance with the decree of the President of the Russian Federation on January 17, 2014 No. 11-RP and on the basis of a competition conducted by the Civil Destatory ODA.
What information of the Criminal Code, the HOA, using mobile services, should provide from 01.06.2018 communication operators? What is fraught with the failure of this duty?
New duty
According to para. 1 p. 1 Art. 44 of the Federal Law of 07.07.2003 No. 126-FZ "On Communications" (hereinafter referred to - Federal Law No. 126-FZ) On the territory of the Russian Federation, communication services are provided by telecom operators to users of communication services on the basis of a communication service agreement concluded in accordance with civil law and the rules for the provision of communication services. (The user of communication services is a person who orders and (or) uses communication services.) The rules for the provision of telephone services approved by the Decree of the Government of the Russian Federation of 09.12.2014 No. 1342.
Based on para. 6 of this item, introduced from 01.06.2018 by the Federal Law of July 29, 2017 No. 245-FZ, the services of mobile radio telephone communications are provided to a subscriber - a legal entity (IP) and the user of the communication services of such a subscriber, subject to submission to the subscriber to the operator of reliable information, including About users. The subscriber is a person (for example, the Criminal Code or HOA), which has concluded a contract for the provision of mobile services, a user of the subscriber's communication services - who use the services of a cellular communication under the Subscriber Treaty, forms, the SIM card provided to the Criminal Code or HOA (this may be an employee of the organization, Chairman of the HOA, other person).
These changes, as indicated by Roskomnadzor, are designed to more effectively counteract the illegal implementation of SIM cards.
The procedure for fulfilling the obligation to provide information
In paragraph 6, paragraph 1 of Art. 44 of the Federal Law No. 126-FZ enshrined that the subscriber - (IP) provides information to the communication operator information about the users of communication services in accordance with the rules for the provision of communication services. At the stage of concluding a contract for the provision of cellular services, the specified information of the Criminal Code, the TSZ is not necessary to file. According to paragraph 19 of the rules for the provision of telephone services, the person authorized to conclude a contract in the interests of a legal entity sends a document to the operator confirming its powers to represent the interests of a legal entity at the conclusion of the contract, a certificate of state registration of a legal entity or its notarized copy.
The contract concluded in writing with a legal entity must be indicated by the following information and conditions:
date and place of conclusion of the contract;
name (corporate name) of the telecom operator;
details of the current account operator;
information about the Subscriber - the name (corporate name) of the organization, location (legal address and address of actual location), the main state registration number, INN;
address, order and method of providing an account for telephone services rendered;
lifetime access to the local or mobile network.
In addition, such substantial conditions are recorded in the contract as:
subscriber number (subscriber numbers) or unique identification code (unique identification codes);
telephone services provided;
telephone service payment system;
order, deadlines and form of calculations.
As you can see, data on users of the subscriber's communication services are not listed among information subject to mandatory indication in the contract for the provision of communication services.
Information on how the obligation to transfer information about users should be executed by the subscriber is set forth in PP. "G" n. 25 rules for providing telephone services.
So, the subscriber is obliged to once again apply the telecom operator certified by the proper list of persons using the subscriber equipment - a legal entity containing the names, names, patronymic, place of residence, details of documents certifying the identities of these persons. Information about new users (in case of changes in actual users of the legal entity) must be provided to the telecom operator no later than 15 days from the day when it became known.
Based on the project prepared by the Ministry of Communications on amending the rules for the provision of telephone services, the information will most likely need to be provided to the communication operator within a month from the date of concluding a service agreement (when the SIM card is transmitted to a new user - within 15 days).
Or an old duty?
We note that the obligation of the subscriber voiced in PP. "G" n. 25 rules for providing telephone services, exists from the moment of the beginning of these rules - from 01/15/2015. However, the Criminal Code, the HOA, who did not fulfill the obligation to provide information about users of communication services until 01.06.2018, were operating correctly if they had no consent of users to transfer personal data. Personal data is any information related to directly or indirectly defined or determined to the physical person (subject of personal data).
Relations related to the processing of personal data are governed by the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data". Article 7 of this law provides the following.
To note: Operators and other persons who have gained access to personal data are obliged not to disclose to third parties and do not disseminate personal data without the consent of the personal data entity, unless otherwise provided by federal law.
Thus, the transfer of personal data of individuals - users of the subscriber's communication services in the absence of their consent was prohibited. Restrictions removed. Based on para. 7 p. 1 Art. 53 of the Federal Law No. 126-FZ introduced by Federal Law No. 245-FZ, it is not necessary to obtain the consent of the User of the Subscriber's communication services - a legal entity (IP) to transmit its personal data to the telecom operator.
The information provided is unreliable
Updated paragraph 6 of Art. 44 of the Federal Law No. 126-FZ on telecom operators is entrusted with the obligation to verify the accuracy of information not only about the Subscriber, but also on users of the subscriber's communication services - a legal entity (IP). The check is carried out by establishing the surname, name, patronymic (if available), date of birth, as well as other data certifying the identity of the communication service user. To do this, the communication operator is provided with access to a unified identification and authentication system (the Federal State Information System "Unified Identification and Authentication System in Infrastructure, which ensures the information and technological interaction of information systems used to provide state and municipal services in electronic form", ESIA), portal of state and municipal services, other information systems of state bodies. The deadline during which the communication operator checks the accuracy of the information received about users of communication services is not established. The draft changes to this is divided 30 days from the date of receipt of data from subscribers.
If, as a result of the verification, the accuracy of the subscriber's communication services provided is not confirmed, the communication operator suspends the provision of communication services in the manner prescribed by the rules for the provision of telephone services.
User information is not provided
Paragraph 3 of Art. 44 of the Federal Law No. 126-ФЗ Operator Communication provided right Possess the provision of communication services in the event of a violation by the user of communication services established by the specified law, the rules for the provision of communication services or the agreement on the provision of communication services before eliminating the violation. In the rules for the provision of telephone services, this rate is essentially duplicated: communication operator entitled Suspend to the Subscriber only to those telephone services in respect of which violations of the requirements established by Federal Law No. 126-FZ, these Rules and Agreement (paragraph 44), are allowed. From the law, it also follows that the telecom operator should notify in the written form of the service of communication services on the planned suspension of the provision of communication services. In turn, if the user does not eliminate the violation within six months from the date of receipt of the notification, the telecom operator is entitled to unilaterally terminate the agreement on the provision of communication services.
Thus, if the Criminal Code, the HOA (subscribers) will not provide the communication operator data on communication services, the operator can suspend the provision of services. In the future, the situation may change, because according to the draft change, the suspension of the provision of telephone services in the event of non-fulfillment by the Subscriber for the provision of information about users is already the responsibility of the telecom operator.
It should also be borne in mind that when the responsibility of the subscriber is not fulfilling a legal entity for the transmission to the Internet data operator, paying for mobile radio telephone communications is carried out only in the form of non-cash settlements by transferring funds from the settlement accounts of such a subscriber. That is unacceptable. This follows from paragraph 6 of Art. 54 of the Federal Law No. 126-FZ, the action of which is also applied to the relationship arising from the contracts concluded until the day of entry into force of Federal Law No. 245-FZ, that is, until 01.06.2018.
If the Criminal Code or HOA conclude (have a prisoner) with the operator of communication for the provision of mobile services, they must provide him with information about users of communications services - individuals using communication services under the Subscriber Treaty - Criminal Code or HOA. This duty is unconditional from 01.06.2018. If you ignore it, the telecom operator can suspend the provision of communication services, while communicating services themselves should be paid only in non-cash form. Communication services will also not be provided if the telecom operator after checking the information provided on users of the subscriber's communication services will find their inaccuracy.
We note another important point. The State Duma in the first reading 09/15/2017 adopted the draft federal law No. 181342-7, on the basis of which an article in the Administrative Code of the Russian Federation may appear, providing for the responsibility for failure to provide or untimely provision by the Subscriber - a legal entity or the IP of information about communication services to the telecom operator. So, for failure to provide or untimely providing data, the legal entity proposed to be fined in the amount of 50,000 to 70,000 rubles, with a re-violation - from 100,000 to 200,000 rubles.
About "wifi" and passport
Citizens of Russia really do not like to read the laws, but they love to watch TV and panic. This is normal - not all are experts in the field of jurisprudence. An annoying that experts are neither officials in the bulk of the legislative initiative, nor (polling) journalists, which are only "fried facts". An example with a prohibition of personal data is a confirmation of the fact that among experts in the field of IB there is no consequential opinion on what is happening. Readers may argue almost a classic phrase: "It can not be that all around were wrong, and you, wolves, one right." Well, this time - I am not alone: \u200b\u200btogether with Mikhail Emelianenikov, we discussed the "Wi-Fi-hysteria", carefully read the decision of the Government of the Russian Federation No. 758 of 07/31/2014 and the associated regulations, and came to the following conclusions.
Suppose you are the founder of a limited liability company that owns a cafe, and your LLC has a contract with a telecommunications operator for "providing access to telecommunication network information systems, including the Internet." In the cafe you installed several wireless access points: in the offices - for your work computers, in the hall - for customers with personal devices and public computers (you purchased and installed them for those who have no personal devices). Thus, you have two categories of users - your employees and customers of the institution using two categories of devices are personal and service (owned by LLC). Attention, question: Which of them need to be allowed in the Internet by passport, and whether it is necessary to do this at all?
Paragraph 1 PP-758 makes changes to "Rules for the provision of universal communication services", according to which the "Provision of universal communication services for data transmission and providing access to the Internet using collective access points implemented operator of universal service after mastering user identification". Journalists, and next - and citizens, of course, hooked for the text allocated by bold, without going into details, who is such a" universal service operator ", what is the" Collective Access Point ", which attitude to these definitions has a cafe and His owner and whether the "Rules for the provision of universal communication services" is distributed. But we, of course, are instructed and see in Art. 57 and 58 of the Federal Law "On Communications". Let's see and read, and here we will come to.
The collective access point (point) is a place that is specially organized for the provision of universal communication services to the population (telephony, information kiosks, data transfer, Internet, etc.). The universal service operator having, in addition to the license, a few more conditions in order to be considered such, providing universal communication services, and distributed "Rules for the provision of universal communication services". Is the cafe "Collective Access Point" or "Access Point"? No, because it was not organized by a "universal service operator" to provide "universal communication services", and you are an individual entrepreneur, in your personal interests, and on you paragraph 1 of PP-758 does not apply. What, actually, and spoke some media, in the heat of passions not seen by the majority of "panickers".
However, it is too early to relax: in PP-758 there are still p. 2 and 3, which make changes to the "Rules for the provision of communication services for data transmission" and "Rules for the provision of telematics services." Both of these documents are distributed on telecom operators with relevant licenses. Although the Internet, the "telematic communication services" and "data transfer" in the understanding of the "Techinar", which is called, "one field of berries" - they are licensed differently. However, in fact, and in another case, the communication operator is now obliged to identify the user even with "one-time" connection but, again - in collective access point.
Relaxed? Again early. In addition to identifying the subscriber in the PKD, the changes prescribe the operator to make changes to the contract for the provision of data services and telematics services to which the Internet belongs. Therefore, in the near future, you, the founder of Ltd., which has an agreement with the operator, will come an additional agreement in which item will be at approximately the following content:
"The customer must at least once a quarter to provide the Contractor with a list of persons using the authorized representative of the Customer custom (End) Equipment Customer , including surname, name, patronymic (if available), place of residence, details of the main document certifying the identity".
It turns out that user identification by passport can not be avoided? Let's deal with. What is "user (terminal) equipment"? In the "Rules ...", references to which are given above, two definitions are given. For data transfer services:
"Subscriber terminal" - user (terminal) equipment used by the subscriber and (or) by the user to connect to the communication network node using the subscriber line
So, the user (terminal) equipment is a "subscriber terminal". We go further - in telematic services of communication:
"Subscriber Terminal" - a set of technical and software used by the Subscriber and (or) by the user when using telematic communication services for transmitting, receiving and displaying electronic messages and (or) formation, storage and processing of information contained in the information system
Thus, the user (terminal) equipment is that, with the help of which the user transmits, accepts and displays the emails, stores, generates and processes information. In other words, these are tablets, smartphones, PCs and all that is capable of performing these actions. It turns out, in this "list of persons" should all who use such equipment? No - only those who use the customer's terminal equipment. Does the wireless access point for user (terminal) equipment? Of course, no - yes, the regulator itself says about it.
As we found out earlier, we have two categories of users - employees and visitors, and two categories of devices - personal and service. Let's make a matrix of "entering the list of persons":
- visitor with a personal device - no
- employee with a personal device - no
- officer with service device - YES
- visitor with service device - yes
Read the laws, friends - do not be lazy. It is much more useful and constructive than to panic, resent and spread panic around him.
