Obligation to disclose the data of employees to the Moscow City Government
Due to the increase in the number of cases of coronavirus infection in the last month, in accordance with the Decrees of the Mayor of Moscow No. 96-UM dated 01.10.2020 and No. 97-UM dated 06.10.2020, employers operating in the territory of Moscow, must transfer some of the workers to a remote mode of work. In particular, it is necessary to ensure the transfer of at least 30% of employees acting on the basis of employment contracts and other workers with whom services contracts have been concluded, as well as transfer to remote work mode all employees elder than the age of 65 years and citizens with diseases defined in the List of the Moscow City Health Department.

In pursuance of these requirements, employers are obliged to provide the Moscow City Government with data on the transferred workers every Monday, starting from October 12. The data must be provided in electronic form, you need to create a personal account of the legal entity on the official website of the Mayor and the Moscow Government mos.ru and send employee reports via such account. To submit data, you will need to download and fill out a special form (Appendix No. 4 to the Decree of the Mayor of Moscow No. 97-UM).

In the absence of weekly reports on employees, the company may be fined in the amount of 100,000 to 300,000 rubles, and in the event of a repeated violation, in the amount of 500,000 to 1 million rubles. or the business activity of the organization will be suspended for up to 90 days.
The list of data that employers are required to provide includes the following information about an employee:
  • Mobile number;
  • Numbers of travel cards "Troika" and "Strelka";
  • Car number;
  • Numbers of social cards and temporary discount tickets for public transport.

Additionally, the employer will need to provide the following information about the company:
  • Company name;
  • TIN;
  • Number in the Russian Register of legal entities;
  • Codes of business activity (OKVED);
  • legal address;
  • total number of employees;
  • the number of employees transferred to remote work mode.

It is noteworthy that according to the statement of the Department of Information Technologies of the Moscow City Governement, this information is not personal data, because it does not contain full names of the employees and, using this information, it is impossible to establish their identity.

However, personal data is any data directly or indirectly related to an individual who can be identified (if the data is not anonymized). Based on judicial and law enforcement practice, personal data includes not only full name or passport details of an individual, but also information such as the location of a person determined by Internet sites and mobile applications, or details of bank card.

In this regard, we recommend that you adhere to the requirements of the Russian legislation on personal data when transferring them via the mos.ru website. Since the data of employees is transferred in order to prevent the threat to their life and health caused by coronavirus infection, the written consent of employees for the transfer of this data is not required in accordance with Art. 88 of the Labor Code of the Russian Federation. However, employees must be notified of such data transfer and specific categories of data that are disclosed to the Moscow City Government.
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