Russian Federation: Data Protection Laws of the World Handbook: Second Edition - Russia

E-Commerce And Privacy Alert

LAW

Fundamental provisions of data protection law can be found in the Strasbourg Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data ("Convention") ratified by Russia in 2006 and the Russian Constitution establishing the right to privacy of each individual (articles. 23 and 24). There is also specific legislation, including the Data Protection Act No. 152 FZ dated 27 July 2006 ("DPA") and various regulatory Acts adopted to implement the DPA as well as the Information, Information Technologies and Information Protection Act No. 149 FZ dated 27 July 2006 establishing basic rules as to the information in general and its protection. In addition, the Russian Labour Code contains provisions on the protection of employees' personal data (Part XIV). Other laws may also contain data protection provisions which implement the provisions of DPA in relation to specific areas of state services or industries.

DEFINITION OF PERSONAL DATA

Personal data is any information that relates directly or indirectly to the specific or defined physical person (the data subject).

DEFINITION OF SENSITIVE PERSONAL DATA

Sensitive personal data is defined as special categories of personal data in Russian legislation. Such special categories include data related to race, national identity, political opinions, religious and philosophical beliefs, health state, intimacies and biometrical data.

NATIONAL DATA PROTECTION AUTHORITY

Federal Service for Supervision of Communications, information Technologies and Mass Media or, in short, roscomnadzor ("Agency").

REGISTRATION

The Agency is in charge of maintaining the Registry of data controllers.

Any data controller shall notify the Agency in writing about its intention to process personal data, unless one of the following exclusions applies:

  • The personal data is data about employees;
  • The personal data was received in connection with a contract entered into with the data subject, provided that such data is not transferred without the consent of the data subject, but used only for the performance of the contract and entering into contracts with the data subject;
  • The personal data is the data about members of a public or religious association and processed by such an organisation for lawful purposes in accordance with their charter documents, provided that such data is not transferred without the consent of the data subjects;
  • The personal data was made publicly accessible data by the data subject;
  • The personal data includes the surname, name and father's name only;
  • The personal data is necessary in order to give single access to the premises of the data controller or for other similar purposes;
  • The personal data is included in state automated information systems or state information systems created for the protection of state security and public order;
  • The personal data is processed in accordance with the law without any use of automatic devices; or
  • The personal data is processed in accordance with transportation security legislation in purposes of procurement of stable and secure transport complex and personal, community and state interests protection.

The notification letter shall contain information about:

  • The full name and address of the data controller;
  • The purpose of the processing;
  • The categories of personal data processed;
  • The categories of the subjects whose personal data is processed;
  • The legal grounds for processing;
  • The types of processing of the personal data;
  • The measures of protection of personal data;
  • Name and contacts of physical person or legal entity responsible for personal data processing;
  • The commencement date;
  • Information on occurrence of cross border transfer of personal data;
  • The term of processing or the conditions for termination of processing the personal data; and
  • Information on personal data security provision.

DATA PROTECTION OFFICERS

If the data controller is a legal entity it shall appoint a data protection officer. Such an appointment is considered to be a personal data protection measure. The data protection officer controls the data controller and its employees regarding the data protection issues, informs them off statutory requirements and organises receiving and processing of communications from data subjects.

COLLECTION AND PROCESSING

Data controllers may collect and process personal data where any of the following conditions are met:

  • The data subject consents;
  • The processing is required by a federal law or under an international treaty;
  • The processing is required for administration of justice, execution of the court order or any other statements of public officers to be executed;
  • The processing is required for provision of state or municipal service;
  • The data controller needs to process the data to perform or conclude a contract to which the data subject is a party or beneficiary party or guarantor;
  • The processing is carried out for statistical or scientific purposes (except it is also for advertising purposes) provided that it is impersonalised;
  • The processing protects the data controller's vital interests and it is impossible to have the data subject's consent;
  • The processing is required for execution of statutory controller's or third parties' rights or for purposes important for community provided data subject's rights are not in breach;
  • Personal data that is processed was publicly made accessible by the data subject or upon his or her request;
  • The processing is carried out by a journalist or mass media as a part of its professional activities or for the purposes of scientific, literary or other creative activities, except if the processing would damage the data subject's rights and freedoms; or
  • Personal data that is processed is subject to publication or mandatory disclosure under law.

As a general rule, consent may be given in any form, but it is the data controller's obligation to provide proof that he has the data subject's consent.

In the following cases the DPA requires that the data subject's consent should be in writing:

  • Where the personal data is collected to be included within publicly accessible sources;
  • Where sensitive or biometrical data is processed;
  • In the case of the cross border transfer of personal data, where the recipient state does not provide adequate protection of personal data; or
  • Where a legally binding decision is made solely on the grounds of the automated processing of personal data.

Consent is deemed to have been given in writing where it is signed by hand or given in an electronic form and signed by an electronic signature.

Consent may be revoked.

Consent in writing must contain the following information:

  • The identity of the data subject, his/her address and passport details and identity of the subject
  • Data representative (if any);
  • The identity and address of the data controller or the entity that processes personal data on behalf of the data controller (if any);
  • The purpose of the processing;
  • The list of personal data that may be collected and processed;
  • The types of processing that are authorised;
  • The term for which the consent, remains valid and way of revocation; and
  • The data subject's signature.

The data controller shall ensure the confidentiality of personal data. The data controller and other persons who have access to the personal data, shall not disclose any information to a third party without a prior consent of the data subject.

TRANSFER

Prior to a transfer of personal data out of Russia, the data controller must ensure that the recipient state provides adequate protection of personal data. The fact that the recipient state ratified the Convention is sufficient grounds to deem that the state provides adequate protection of personal data for the purposes of the DPA.

Where there is no adequate protection of personal data, a cross border transfer is permitted if one of the following conditions is met:

  • The data subject consents;
  • The transfer is provided for under an international treaty to which Russia is a signatory;
  • The transfer is necessary in accordance with federal laws for protection of the Constitution, state defence, security and transport system;
  • For the purposes of performance of a contract to which the data subject is party; and
  • The transfer protects the data subject's vital interests where it is not possible to get the written consent of the data subject.

SECURITY

Data controllers must take appropriate technical and organisational measures against unauthorised or unlawful processing and against accidental loss, changing, blocking or destruction of, or damage to, personal data.

There is a recent special regulation as to the measures that the data controller should undertake to ensure security of personal data, data systems, carriers of biometrical information and technologies.

BREACH NOTIFICATION

There is no mandatory requirement to report data security breaches or losses to the Agency or to data subjects.

ENFORCEMENT

In Russia, the Agency is responsible for the enforcement of the DPA.

The Agency is entitled to:

  • Carry out checks;
  • Consider complaints from data subjects;
  • Require the submission of necessary information about personal data processing by the data controller;
  • Require the undertaking of certain actions according to the law by the data processor, including discontinuance of the processing of personal data;
  • File court actions;
  • Initiate criminal cases; and
  • Impose administrative liability.

If the Agency becomes aware that a data controller is in violation of the law, he can serve an enforcement notice requiring the data controller to rectify the position.

A data controller can face civil, administrative or criminal liability if there is a violation of personal data law. Officers of the data controller responsible for the offence may face disciplinary action.

Usually, in the case of violation of data protection law, the Agency will serve an enforcement notice requiring the position to be rectified and may also impose an administrative penalty and/or recommend imposing disciplinary action on the officers of the data controller who are responsible for the offence.

The maximum administrative penalty that can be imposed, as at the date of this review, is EUR 10,000. Lately, there has been much discussion at about dramatically increasing the administrative penalty.

ELECTRONIC MARKETING

Electronic marketing activities are subject to limitations set by the Russian Law on Advertising No. 38-FZ dated 13 March 2006 ("AA"), under which the distribution of advertising through telecommunications networks, in particular, through the use of telephone, facsimile and mobile telephone communications, is allowed only subject to preliminary consent of a subscriber or addressee to receive advertising.

Advertising is presumed to be distributed without preliminary consent of the subscriber or addressee unless the advertising distributor can prove that such consent was obtained. The advertising distributor is obliged immediately to stop distribution of advertising to the address of the person who made such a demand.

ONLINE PRIVACY (INCLUDING COOKIES AND LOCATION DATA)

Russian law does not specifically regulate online privacy. The definition of personal data under the DPA is rather broad and there are views that information on number, length of visits of particular web-sites and IP address (in combination with other data allowing the user to be identified) could be considered personal data.

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.


DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to www.dlapiper.com

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Gorodissky & Partners
Gorodissky & Partners
Gorodissky & Partners
Dechert
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Gorodissky & Partners
Gorodissky & Partners
Gorodissky & Partners
Dechert
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions