Short version: after dismissal you may withdraw consent to the processing of your personal data (PD, meaning information that identifies you).
Your photo on the website, your personal phone number and email address, and your data held by contractors must, as a rule, be removed or deleted by the employer within 30 days.
The employer may keep your personnel file, orders, and tax data: the law sets how long they must be stored.
Below I cover what you can demand, how to write the letter, which response deadlines apply, and what to do if the employer refuses or stays silent. A sample letter is at the end. The rules were checked against current texts as of October 2026.
Need a ready text? Go to the sample letter.
Contents
- What you can demand
- What the employer may keep
- Should you withdraw consent
- Which letter to write
- How to write the letter
- Sample letter
- If the employer refuses or is silent
- Case law
- Employee mistakes
- Questions and answers
What You Can Demand From a Former Employer
Consent to the processing of PD may be withdrawn (part 2, Art. 9 of Federal Law No. 152-FZ “On Personal Data”). The employer is called an operator under the law (an organization that processes data). After withdrawal it stops processing, unless it has another lawful ground.
What you can demand in practice:
| What you ask for | Legal ground | Must the employer comply? |
|---|---|---|
| Remove photos and videos from the website, social media, and display boards | Withdrawal of consent (part 2, Art. 9); Art. 152.1 of the Civil Code of the Russian Federation; if you allowed distribution, part 12, Art. 10.1 of Federal Law No. 152-FZ | Yes, it must remove them unless it has another ground to use them |
| Remove your phone number and email address from mailing lists, directories, and contact lists | Withdrawal of consent | Yes, it must remove them |
| Stop processing at contractors (accounting, customer management software, cloud services) | Part 5, Art. 21 of Federal Law No. 152-FZ | Yes, it must require them to stop processing, if it instructed them to process the data |
| Destroy copies of your passport, SNILS (insurance certificate), and diploma | Part 5, Art. 21 and part 5, Art. 5 of Federal Law No. 152-FZ: the volume of data must not be excessive | Yes, it must destroy them. Exception: copies that are part of documents the employer must keep |
| Find out what data the employer holds and on what ground | Arts. 14 and 20 of Federal Law No. 152-FZ | Yes, it must reply within 10 business days |
What Data the Employer May Keep After Dismissal
Withdrawal of consent does not cancel the duties the law places on the employer. It continues to keep:
| What is kept | Legal ground | Period |
|---|---|---|
| Personal file, hiring and dismissal orders, employment contract | Art. 22.1 of Federal Law No. 125-FZ “On Archiving in the Russian Federation” | 50 years for records completed after January 1, 2003; 75 years for earlier ones |
| Accounting and tax records: income, tax withheld | Subpara. 8, para. 1, Art. 23 of the Tax Code of the Russian Federation | Five years |
| Information for a court case with you | Para. 3, part 1, Art. 6 of Federal Law No. 152-FZ | While the case is pending |
This is not a violation. The law allows processing without your consent when it is needed to perform the employer’s duties (para. 2, part 1, Art. 6).
But the employer may keep this data only to perform the law. It may not use it for mailings, on the website, or for other purposes.
Should You Withdraw Consent?
Withdrawal is not right for everyone. Assess your situation before writing the letter.
Withdrawal makes sense if:
- Your photo, name, or position remains on the website, social media, or display boards.
- You keep receiving mailings and calls.
- Your data was passed to contractors and you do not want them to process it.
Wait with withdrawal if:
- You still need documents from the employer: certificates, copies of orders, information for a pension or a new job. Request them first (see the section on copies below).
- A dispute with the employer is under way. It may use your data in court, and a conflict over data may complicate negotiations. Agree on withdrawal with a lawyer.
Which Letter to Write: Withdrawal, Demand, or Request
The wording determines the response deadline. It is better to combine everything in one letter and set out each demand as a separate item.
| What you write | Rule | Employer’s response deadline |
|---|---|---|
| ”I withdraw my consent to processing” | Part 5, Art. 21 | Up to 30 days from the date the withdrawal reaches the employer |
| ”I demand that you stop processing” | Part 5.1, Art. 21 | 10 business days from receipt, extendable by 5 business days |
| ”I demand that you stop distributing my data” (if you gave separate consent to distribution, for example your photo and name on the website) | Parts 12 to 14, Art. 10.1 | Distribution must stop on receipt of the demand: your consent ceases to apply from that moment (parts 12 and 13). If the demand is addressed to anyone who processes your data, the law sets 3 business days (part 14) |
| “The data is not needed for the stated purpose” (with supporting information) | Part 3, Art. 20 | 7 business days from the date you submit the information |
| ”Tell me what data of mine you process” | Art. 14, part 1, Art. 20 | 10 business days, extendable by 5 business days |
The deadline runs from the day the letter reaches the employer. Keep proof of delivery.
How to Write the Letter: Step by Step
- Find the text of your consent. It should state how to withdraw it (para. 8, part 4, Art. 9 of Federal Law No. 152-FZ).
- If the consent names an address or email for withdrawal, send your letter to exactly that address.
- If the method is not stated or you do not have the consent at hand, send a written letter to the organization’s registered address. Item 6 of the sample asks the employer to name the ground for processing.
- State who you are. The law requires this information for a request about your data (part 3, Art. 14). Write:
- Your full name.
- Your passport details: number, date of issue, issuing authority.
- The number and date of your employment contract and the date of dismissal.
- List the demands as separate items. Do not write “delete everything”: the employer may ignore such a demand. Say specifically what to remove and where it is:
- A photo on the website.
- Mailings and the directory.
- Contractors.
- Ask for a written reply. Say where to send it.
- Send it so that a trail remains. Choose one of these ways:
- Registered mail with an inventory of contents and a return receipt.
- Handing it over in person with a mark of receipt on your copy.
- An electronic document with an electronic signature (for a request about your data, part 3, Art. 14 expressly allows this).
- Sign and date it. Without a signature, a request about your data may go unanswered.
Sample Letter Withdrawing Consent to Personal Data Processing
To the Director of [name of organization]
[Director’s full name]From [full name], passport [series, number, date of issue, issuing authority],
employed under employment contract No. [number] dated [date], dismissed on [date].
Contacts: [phone, email address, postal address].Letter Withdrawing Consent to Personal Data Processing
- I withdraw my consent to the processing of my personal data, given on [date, in the employment contract or as a separate document] (part 2, Art. 9 of Federal Law No. 152-FZ “On Personal Data”).
- Please stop processing my personal data, except what you are required to keep by law, and destroy the rest within the period set by Art. 21 of Federal Law No. 152-FZ.
- Please delete my photos and videos from [the website, social networks, display boards]. If I allowed distribution of this data, I demand that you stop transferring it (part 12, Art. 10.1 of Federal Law No. 152-FZ): [list of data, for example photo, full name, position].
- Please remove my phone number and email address from mailing lists, directories, and contact lists.
- Please stop processing my data also at persons to whom you instructed it (accounting, customer management software, contractors).
- Please state in writing within 10 business days which of my data you continue to keep, on what ground, and until when, and which data has been destroyed and when (Arts. 14 and 20 of Federal Law No. 152-FZ).
Please send your reply to: [address or email].
[Date]
[Signature]
Important. Passport details in the header and a signature are mandatory: without them item 6 cannot be treated as a request (part 3, Art. 14 of Federal Law No. 152-FZ). To rule out any dispute over form, send item 6 as a separate request with the same details.
Not sure how to draw up the letter for your situation? Write to me through the request form or by messenger at +7 (902) 899-07-58: I will draft the letter and tell you what you can demand.
What Should You Do If the Employer Refuses or Does Not Respond?
First check the ground for refusal.
A refusal to delete the personal file, orders, and tax data is lawful.
If you are refused information about your data, the employer must give a reasoned written reply citing the law (part 2, Art. 20).
How the employer should have responded to your letter is covered in the article for employers.
Then take these steps:
- Repeat the letter. Do it once the response period has expired. Attach a copy of the first letter and proof of its delivery.
- File a complaint with Roskomnadzor. This is the authority that oversees personal data processing. The law gives you the right to appeal the operator’s actions or inaction to this authority or to a court (part 1, Art. 17 of Federal Law No. 152-FZ). An organization that fails to meet the deadline on a demand to destroy unnecessary data faces a fine of ₽50,000 to 90,000 (part 5, Art. 13.11 of the Code of Administrative Offenses).
- Go to court. You may demand that the violation stop and claim compensation for moral harm (part 2, Art. 17 and part 2, Art. 24 of Federal Law No. 152-FZ).
What to know about compensation:
| Question | What to know | Basis |
|---|---|---|
| Amount of compensation | The court sets the amount, and there is no guarantee. It considers the importance of the violated non-material interests to you, the scale of the violation, and the employer’s degree of fault | Para. 47 of Supreme Court Plenum Resolution No. 33 of November 15, 2022 |
| What to expect | Without serious consequences, such as a leak of your data, I would not count on a large sum. The main goal of such a case is to make the violation stop | My assessment |
| Where to file | A claim for compensation may be filed at your place of residence | Para. 58 of the same resolution |
| Which rule to cite | You may also cite Art. 237 of the Labor Code of the Russian Federation (LC RF): moral harm caused by the employer’s unlawful actions is compensated to the employee in money. But a court may treat the dispute as an employment dispute, and then the deadlines of Art. 392 LC RF apply | Arts. 237 and 392 LC RF |
Do not delay. The filing deadline depends on how the court classifies your claim:
| How the court classifies the claim | Filing deadline | Basis |
|---|---|---|
| Personal non-property rights and non-material interests are violated (for example, privacy or the right to one’s image) | The statute of limitations does not apply | Para. 2, Art. 208 of the Civil Code of the Russian Federation; para. 11 of Supreme Court Plenum Resolution No. 33 of November 15, 2022 |
| Labor rights are violated | Three months as a general rule, one year for pay disputes | Art. 392 LC RF |
How exactly a court will classify your claim is unknown in advance, so plan around the shortest deadline.
Request Copies of Your Documents First
After withdrawal, the employer blocks or destroys part of your data. If you need documents for a pension, a new job, or court, request copies in advance.
On an employee’s written request, the employer must within 3 business days issue certified copies of work-related documents free of charge: orders on hiring, transfers, and dismissal, and certificates of pay and period of work (Art. 62 LC RF). The rule is written for an employee, so it is safer to submit such a request on the day of dismissal or before it.
Withdrawing consent does not replace an employment dispute. If you are challenging your dismissal, you have one month to sue (Art. 392 LC RF), and this period runs regardless of the withdrawal. The procedure is described in the article Wrongful Dismissal in Russia: How to Challenge It.
Case Law: What the Supreme Court Says
There is little case law on withdrawal of consent by former employees. Below are Supreme Court rulings whose text has been checked against the primary source.
Ruling of a Supreme Court judge of May 15, 2025, No. 18-AD25-20-K4 (in Russian)
A former employee complained that her employer had given an employment center information about her work history, without her consent, for a court case. The Supreme Court upheld the refusal to punish the employer: in connection with court proceedings, data may be processed without consent (para. 3, part 1, Art. 6 of Federal Law No. 152-FZ). The employer did not issue a copy of the work record book with excess data, and this was held lawful.
Takeaway for you: withdrawal of consent, as a rule, will not prevent the employer from using your data in a court dispute.
Ruling of the Supreme Court of February 18, 2025, No. 5-KG24-144-K2 (in Russian)
This is not an employment case: a bank kept making advertising calls after a demand to stop processing data. The Supreme Court stated that the violator’s fault is presumed, and the claimant must prove the fact of the violation itself. A reference to personal data law instead of Civil Code norms is not a reason to refuse the claim. The claimant asked for ₽5,000 in compensation, and the case was sent for a new hearing.
Takeaway for you: keep evidence that your demand reached the employer and that the violation continued afterward.
Four Employee Mistakes
- “Delete everything.” Without a list of data and places, the employer will reply formally or not at all.
- No details about you and no signature. A letter without passport details, contract information, and a signature is easy to leave unanswered.
- No proof of delivery. The period runs from receipt of the letter, and receipt is hard to prove without a receipt or a mark.
- Expecting the personal file to be erased. The law requires it to be kept for decades (50 years, 75 for older documents), so trying to have it deleted is pointless.
How a Lawyer Helps When You Withdraw Consent
When the employer does not respond or refuses, there is usually no time for arguments about the rules. I take on:
- A letter for your situation with the demands correctly classified.
- A review of the employer’s reply and of whether the refusal is lawful.
- A complaint to Roskomnadzor.
- A claim to stop the violation and for compensation of moral harm.
Contact me right away if at least one of these applies:
- The response period has expired and the data has not been deleted.
- Your photos or data remained on the website after withdrawal.
- Your data reached third parties.
- A dispute over dismissal or pay is under way at the same time.
Frequently Asked Questions
Must an employer delete my personal data after dismissal?
Not all of it.
The employer must stop processing data for which it has no other lawful ground and destroy it within 30 days (part 5, Art. 21 of Federal Law No. 152-FZ). It may keep the personal file, orders, and tax data: the period is set by Art. 22.1 of Federal Law No. 125-FZ and the Tax Code of the Russian Federation.
Can I withdraw consent to personal data processing after dismissal?
Yes (part 2, Art. 9 of Federal Law No. 152-FZ).
The employer will stop processing unless it has another lawful ground. It may keep the personal file, orders, and tax data.
How do I write a letter withdrawing consent to personal data processing?
State who you are, what exactly you are withdrawing, and which data should be removed, then sign and send it so that a trail remains.
A ready text with explanations is above, in the section “Sample Letter Withdrawing Consent to Personal Data Processing.”
In what form should I withdraw consent?
The method of withdrawal is stated in the text of the consent itself (para. 8, part 4, Art. 9 of Federal Law No. 152-FZ).
A signed written letter sent so that proof of delivery remains is the most reliable.
How long do I wait for a reply?
The deadline depends on the wording:
- Withdrawal of consent: up to 30 days (part 5, Art. 21).
- A demand to stop processing: 10 business days (part 5.1, Art. 21).
- A demand to stop distribution: your consent ceases to apply on receipt of the demand (part 13, Art. 10.1). If the demand is addressed to anyone who processes the data, the deadline is 3 business days (part 14).
What should I do if my photo stays on the website?
Choose the ground according to the consent you gave:
- You gave separate consent to distribution of data (Art. 10.1 of Federal Law No. 152-FZ): send a demand to stop the transfer. The consent ceases to apply when the demand is received (parts 12 and 13, Art. 10.1). In the demand, state your full name, contacts, and a list of the data.
- You gave only general consent to processing: withdraw it, within up to 30 days (part 5, Art. 21).
- There was no consent to use of the image: a person may demand removal of the image from the internet (para. 3, Art. 152.1 of the Civil Code of the Russian Federation).
There are exceptions: consent to use of an image is not required, for example, if the picture was taken at a public event and the person is not the main subject of its use (para. 1, Art. 152.1 of the Civil Code of the Russian Federation). If the employer refuses, complain to Roskomnadzor or go to court.
What should I do if the employer does not respond to my letter?
Wait until the response period ends and repeat the letter with proof of delivery.
If there is still no reply, file a complaint with Roskomnadzor or a claim in court (part 1, Art. 17 of Federal Law No. 152-FZ).
Where do I complain if the employer did not comply with my demand?
To Roskomnadzor or to a court, at your choice (part 1, Art. 17 of Federal Law No. 152-FZ).
Can I get compensation?
Yes, moral harm is subject to compensation (part 2, Art. 24 of Federal Law No. 152-FZ).
The court sets the amount, considering the importance of the violated non-material interests, the scale of the violation, and the employer’s degree of fault (para. 47 of Supreme Court Plenum Resolution No. 33 of November 15, 2022).
Read Also
- Withdrawing Data Consent After Dismissal — if you are an employer who received such a letter: how to reply, deadlines, and fines
- Wrongful Dismissal in Russia: How to Challenge It — the general procedure and deadlines
- Dismissal for Forwarding Files: Three Employer Safeguards — where the line falls between an employer’s rights and data protection
Did your employer refuse or ignore your letter? Write to me: I will review your consent, draft the letter, and, if needed, prepare a complaint to Roskomnadzor or a claim. Details on the subscription legal service page.