Court Supported FAS in Case on Failure to Submit Personal Data
OREANDA-NEWS. On 18th October 2013, Frunze District Court, Ivanovo, confirmed legitimacy of the decision of the Office of the Federal Antimonopoly Service in the Ivanovo region (Ivanovo OFAS Russia) regarding Ivanovo Inspectorate of the Federal Tax Service for failure to submit information required by the antimonopoly body to exercise their enforcement powers in public procurement, and issued a warning.
On 11th February 2013, Ivanovo OFAS Russia found that a complaint from “Novy Gorod” Ltd. was justified under the Law on procurement. To make a decision on holding an official of Ivanovo Inspectorate of the Federal Tax Service, who approved the auction documentation in breach of the law, administratively liable Ivanovo OFAS Russia requested information about the official from the Inspectorate (passport details, places of residence and registration). The Inspectorate, however, refused to provide such information referring to the Law “On Personal Data” indicating that there was no consent from the official to disclose his personal data and also that the official in question was dismissed.
Ivanovo OFAS Russia disagreed with the position of the Tax Service, and drew and forwarded to the Justice's Court a protocol on initiating a case under Article 19.7 of the Code of the Russian Federation on Administrative Violations.
Having examined the case, the Justice's Court supported the position of the antimonopoly body and ruled that the failure of Ivanovo Inspectorate of the Federal Tax Service to submit the personal data of its official to Ivanovo OFAS Russia were unlawful.
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