What is a copy of a passport from a legal point of view?
A copy of a passport is personal data, therefore, when wondering about the legality of their use, one must refer to the Federal Law of July 27, 2006 N 152-FZ (as amended on February 22, 2017) “On Personal Data.”
Any organization that copies passports automatically becomes a personal data operator, and therefore must comply with the requirements of the law.
Firstly, you cannot remove, store or transfer to third parties a copy of your passport without the consent of its owner. For example, you came to a communication store to buy a SIM card, laid out your passport in front of the seller, and he copied it without any warning. By law he must obtain consent.
You can safely ask the company that takes a copy of your passport for an obligation not to disclose data (in the form of a separate document, a clause in a contract, a check mark on the website) or a data processing agreement, which states that the company will not transfer your personal data to third parties.
According to Art. 6 of Federal Law 152-FZ, the personal data operator must obtain written consent to the processing of personal data . The agreement must indicate the purpose of use, the list of data and the period of their storage. The exception is the court and government agencies.
Art. 5 152-FZ states:
The processing of personal data must be carried out on the basis of the principles of compliance of the purposes of processing personal data with the goals predetermined and stated when collecting personal data, as well as with the powers of the operator
If the company’s goal is to identify a person, then the first page of the passport is sufficient. It is no longer legal to make a copy of the entire document.
We conclude that a copy of the passport can only be given to the personal data operator and only with an agreement.
But practice shows that everything is not so simple. Don't give me a copy of your passport? We do not return goods to you. Don't give me a copy of your passport? We do not enter into an agreement with you. Don't give me a copy of your passport? We are not hiring you.
Firstly, in each of these cases it is necessary to deal with the issue of the legality of the requirements. Secondly, it is necessary to develop a universal method of action so as not to expose yourself and not enter into conflict.
Is it legal to demand a copy of a passport and who has the right to do this?
If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.
Many government agencies require citizens to provide a passport. But since the document may be needed, certified copies are also approved. This is a common practice.
Is it possible to give a photocopy of your passport to the employment center?
A photocopy of the passport is submitted to the employment center along with other papers for registration of benefits and presence at the labor exchange. There is nothing illegal about asking for a copy.
Is it possible to take a copy of the client’s passport?
It is strictly prohibited to take a copy of his passport without the client’s consent. If a citizen does not want to leave personal information, he cannot be forced to do so. Fraudsters can easily use this data and take out a microloan. Every sane person understands this, and therefore does not leave a copy.
Copies of which passport pages are needed for insurance?
The insurance company requires from clients:
- photo spread;
- registration;
- marriage information;
- citizenship.
What pages should you copy when applying for a job?
When applying for a job you must provide:
- photo spread;
- registration;
- Family status;
- citizenship;
- information about children.
What pages need to be copied for tax deductions?
To receive a deduction, you must provide the following to the tax office:
What can scammers do with a copy of your passport and how to protect yourself from it
If a copy of your passport falls into the hands of fraudsters, they will be able to apply for a microloan in the amount of up to 30 thousand rubles online. If you fail to pay, notifications will be sent to your place of registration, and then you will be summoned to court. It will be necessary to prove that the passport data was transferred to third parties. To do this, you can ask the microfinance organization to calculate the IP address of their “client”.
Is it dangerous to send a scanned copy of your passport by email? What can they do with him?
If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.
It contains personal information that could be used for illegal purposes, so you should send such information only to trusted persons, making sure that the scan does not fall into the hands of third parties. There have been cases when fraudsters received a certified copy of a document and began to blackmail its owner in order to obtain a ransom. The person, who was unaware of the consequences, agreed to a large sum in exchange for the photocopy. In fact, attackers will not be able to obtain a large loan amount by providing only a certified copy. The bank has several levels of protection and requirements that the client must meet, so the consequences are not so dire.
What can you do with an uncertified copy?
An uncertified copy of the passport is submitted to various authorities along with the main package of documents. The printout does not have legal force, but it allows employees of government agencies to gain access to personal information. Fraudsters can use it to obtain microloans.
What if the copy is blurry?
When the copy is unsuccessful, government officials have every right to ask for the original or another certified copy. You can't refuse them. The main condition for submitting such a document is the absence of glare and clarity. Tell us in the comments if you have ever encountered problems when certifying documents?
Copy of passport for employment
The position of the courts and Rostrud is clear - the employer does not have the right to store copies of employee documents.
Some companies prepare personal files for employees, although this is not required. An exception is state and municipal employees (Decree of the President of the Russian Federation of May 30, 2005 No. 609, Article 30 of the Federal Law of March 2, 2007 No. 25-FZ).
However, if the organization wants to, then no one will forbid it from maintaining the personal files of its employees. But the list of documents that can be placed in it is regulated:
- application form, autobiography, resume;
- application for a job;
- copies of education documents;
- recommendations and characteristics;
- medical certificates;
- employment contract;
- extract from the employment order;
- extracts from the protocols on election to a position, on the results of the competition for a vacant position;
- personal card.
A copy of the passport is required only for civil servants. The rest have the right not to transfer it to the personnel service.
In accordance with paragraph 2 of Art. 5 of Law No. 152-FZ, the processing of personal data must be limited to the achievement of specific, predetermined and legitimate purposes.
The employer needs passport data only to conclude an employment contract, so it cannot be stored.
Judicial practice confirms this. For example, resolution dated March 14, 2014 No. 15AP-22502/2013 in case A53-12557/2013.
It turns out that you must provide the employer with passport data to conclude an agreement, but do not leave a copy for storage.
Copy of passport as an attachment to the contract
Conclusion of contracts is a common thing. Most often, only passport data is required, and not a copy. But what to do if the organization insists on scanning the document, and you resist?
You may be refused to enter into an agreement, citing Art. 421 of the Civil Code of the Russian Federation “Freedom of contract”.
Citizens and legal entities are free to enter into contracts.
Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by this Code, the law or a voluntarily accepted obligation.
You cannot force a company to enter into an agreement with you. What to do with personal data?
Read the contract itself. Most often, the requirement to present a copy of your passport is included in one of the clauses. It also contains consent to the processing of personal data.
In addition, you need to look at the by-laws and regulations developed by the organization itself. We’ll tell you below what to do if you need to conclude an agreement, but it’s scary to leave a copy of your passport.
How to properly make a copy of your passport?
To make a copy, you need an original passport and a photocopier. It is recommended to contact the organization for which the procedure is being performed and clarify the requirements. This will avoid mistakes and additional time. Usually a simple copy of your passport is sufficient. The procedure is performed using a copy machine in the office or at home. Spreads with personal data and photographs, as well as the page with the registration address, are copied. Sometimes institutions require you to copy all pages with marks or the entire passport.
Important! When a notarized copy is required, you must contact a notary. A fee is charged for the provision of the service.
New sample
If a scanned copy of a new passport is required, the procedure is also influenced by the requirements of the institution to which the document will be presented. Often the biometric foreigner is copied completely. You will need to scan all 46 pages. The photocopy is made on a standard A4 sheet. You can place 2 spreads on it. Information is placed on only one side of the paper.
Old style
If we are talking about a copy of an old passport, the requirements remain the same. All pages may need to be copied. Even those where there is no record participate in the procedure. It is recommended that you first clarify the rules for performing the procedure by contacting the authority to which the documents will subsequently be submitted. There are 2 spreads on one sheet. The information is placed on sheet A4.
If photocopying is done for a visa, the rules may vary significantly. Thus, Spain allows up to 4 passport spreads on one page. Two of them are placed on each side.
If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.
Returning goods using a copy of your passport
When filling out a package of documents for a return and exchange transaction, cashiers often ask for a copy of your passport, referring to the rules established by the accounting department.
In fact, we need to look not at accounting, but at the law “On the Protection of Consumer Rights”, methodological recommendations for accounting and registration of operations for the receipt, storage and release of goods in trade organizations, approved by letter of Roskomtorg dated July 10, 1996 N 1−794/32− 5, instruction of the Bank of Russia dated March 11, 2014 N 3210-U “On the procedure for conducting cash transactions by legal entities and the simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses.”
According to these documents, the seller must identify the buyer’s identity when returning money, but does not have the right to make a copy . It turns out that you will have to show your passport, but you cannot make a copy of it.
Is it possible to get a loan online using photocopies of your passport?
All microfinance organizations operating under a license from the Central Bank are required to carry out client identification. This rule is regulated by Art. No. 7 of the Federal Law “On Combating Money Laundering and the Financing of Terrorism.”
⚠️ In order to carry out identification (a comprehensive check aimed at finding out information about an individual), IFC undertakes to check the main documents or copies of the originals certified by a notary.
The MFO has no right to provide services to clients who have not passed such verification. In other words, it will not be possible to apply for a loan without the original document at the IFC. It is possible to take out a loan using a copy of a passport if the borrower provides an additional document (TIN, SNILS, international passport) and sends photographs with a passport or bank card in hand. This increases the chance of loan approval and minimizes the risks of fraudulent activity.
How to protect yourself?
If it is impossible to refuse to copy a passport, lawyers unanimously advise putting a restrictive inscription on the copy of the passport.
In any place that cannot be cut off without ruining the image, you must write: “Organization N is provided with a copy of document N for the purposes of (list).” The inscription should not cover the passport data. This will make it impossible to use the copy for illegal purposes.
Another way to protect yourself is to withdraw your personal data in writing and request the destruction of all copies . To do this, write an application in two copies. Ask for a receipt stamp on yours.
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