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Undoubtedly, the psychophysiological testing method, which, in fact, is a polygraph test, is also regulated by these provisions of the Labor Code. According to the commentary to the new Labor Code of the Russian Federation, the testing method is recognized as one of the modern methods of organizing the selection and placement of personnel (Chapter 11 of the Labor Code of the Russian Federation "Conclusion of an employment contract").

Thus, conducting a polygraph test, subject to voluntariness and some other conditions, is, according to the current Labor Code of the Russian Federation, legal. In addition, the Labor Code did not reflect the ban on the use of the polygraph by employers. Moreover, the Labor Code of the Russian Federation grants the employer the right to select the personnel hired for work and directly indicates that "the establishment of differences, exceptions, preferences, as well as the restriction of the rights of employees, which are determined by the requirements inherent in this type of work established by federal laws, are not discrimination": ( article 3, part 3).

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"Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on May 1, 2017)

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Article 86. General requirements for the processing of personal data of an employee and guarantees for their protection

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In order to ensure the rights and freedoms of man and citizen, the employer and his representatives, when processing the personal data of the employee, must comply with the following general requirements:

 

1) the processing of personal data of an employee may be carried out solely for the purpose of ensuring compliance with laws and other regulatory legal acts, assisting employees in finding employment, education and promotion, ensuring the personal safety of employees, controlling the quantity and quality of work performed and ensuring the safety of property;

(as amended by Federal law  of 07/02/2013 N 185-FZ)

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2) when determining the scope and content of the processed personal data of the employee, the employer must be guided by constitution Russian Federation, hereby Code and other federal laws;

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3) all personal data of the employee should be obtained from him. If the employee's personal data can only be obtained from a third party, then the employee must be notified of this in advance and written consent must be obtained from him. The employer must inform the employee about the purposes, intended sources and methods of obtaining personal data, as well as the nature of the personal data to be obtained and the consequences of the employee's refusal to give written consent to receive them;

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4) the employer does not have the right to receive and process information about the employee related in accordance with legislation  of the Russian Federation in the field of personal data to special categories of personal data, except as provided by this Code and other federal laws;

(Clause 4 as amended by Federal law  of 05/07/2013 N 99-FZ)

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5) the employer does not have the right to receive and process the employee's personal data on his membership in public associations or his trade union activities, except as provided for by this Code or other federal laws;

(as amended by Federal law dated 06/30/2006 N 90-FZ)

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6) when making decisions affecting the interests of the employee, the employer does not have the right to rely on the employee's personal data obtained solely as a result of their automated processing or electronic receipt;

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7) the protection of the employee's personal data from their unlawful use or loss must be ensured by the employer at his expense in the manner established by this Code and other federal laws;

(as amended by Federal law dated 06/30/2006 N 90-FZ)

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8) employees and their representatives must be familiarized against signature with the documents of the employer establishing the procedure for processing the personal data of employees, as well as their rights and obligations in this area;

(as amended by Federal law dated 06/30/2006 N 90-FZ)

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9) employees must not waive their rights to maintain and protect secrets;

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10) employers, employees and their representatives must jointly develop measures to protect the personal data of employees.

The use of a lie detector is nothing more than obtaining the personal data of an employee. The law does not prohibit the use of a polygraph when applying for a job, but only with the written consent of the person.