Russian Federation: New Administrative Rules And Sanctions For Privacy Violations In Russia

Last Updated: 16 August 2017
Article by Ilya Goryachev and Sergey V. Medvedev

Most Read Contributor in Russian Federation, May 2019


In Russia, the definition of "personal data" is rather broad. More specifically, any information (directly or indirectly) related to an identified or identifiable individual (data subject) is considered to be personal data (Article 3 of the Federal Law of July 27, 2006 No.52-FZ "On Personal Data" (as amended) ("PD Law")).

In general, the following pieces of information will qualify as personal data:

  • name and surname,
  • date and place of birth,
  • residing and registration address,
  • family, social and economic status,
  • education, specialization and profession,
  • phone number and e-mail.

Russian personal data landscape and legal regime are regulated mainly by the PD Law. Several times the PD Law has undergone certain changes and developments, including recently. 

Administrative sanctions for the breach of the PD Law are set in the Code of Administrative Offences ("CAO"), in particular, in Article 13.11, which contains certain sanctions for violation of the order of collection, storage, use and distribution of data related to individuals (personal data) that is established by the law. 

Prior to July 01, 2017, under the specified Article the maximum administrative fine which a company might have faced for a typical data protection or privacy breach was RUR 10 000. In practice, there were cases when smaller fine amounts had been imposed on breaching entities (data controllers).

In Russia, a national personal data watchdog is the Federal Service for Supervision of Communications, Information Technology, and Mass Media ("Roskomnadzor"). That authority is entitled to investigate compliance with the data protection regulations as set forth by the PD Law and other related laws.

Prior to July 01, 2017, in the event of privacy breach detection, Roskomnadzor had to collect the appropriate evidence and transfer the administrative investigation file to the Public Prosecution Office, whose officers were in charge of initiating an administrative case and bringing the case to the competent court to seek imposition of the relevant fine on the infringing data controller. Because of the involvement of these two state agencies, there had been significant delays in the administrative proceedings, which eventually resulted in the lapse of limitation period and dismissal of the initiated cases. For privacy infringement matters, the statutory (administrative) limitation term is three (3) months commencing from the date of the corresponding administrative offense.

Starting from July 01, 2017, Roskomnadzor has been given the legal competence to initiate the administrative cases directly by filing the administrative offence related reports to competent courts for rendering judgments for data protection breaches.

Therefore, all domestic and foreign companies acting as data controllers that are collecting, storing, using, processing, transferring the personal data containing the Russian element need to take into account the newly implemented rules and sanctions for privacy violations in Russia.

Reasons for amendments and legislative history

In 2014, the legislation committee of the Russian State Duma (the lower Chamber of the Russian Parliament) drafted and presented a bill of law (No. 683952-6) providing the establishment of amendments to CAO on the subject of clarification of provisions setting the liability for infringement of privacy regulations ("Bill"). The submission of the Bill was aimed at improving the personal data enforcement situation to ensure a more effective legal protection to deal with the growing statistics of Russian personal data violations.

From the legislative history of devoted to the Bill the following major reasons have been cited by the legislators to explain the proposed amendments:

  • intensive development of information and communication technologies resulting in growing statistics of data breaches from the privacy prospective;
  • then-effective low fines fail to provide adequate remedies to challenge data breaches;
  • specific types of data breaches shall be determined in CAO;
  • liability shall correspond to the general European rules of data protection;
  • procedure related to judicial imposition of fines for data breaches shall be simplified.

In 2015-2016, the Bill has been subject to legislative hearings in front of the Russian State Duma and the Russian Council of Federation (the upper Chamber of the Russian Parliament).

On February 7, 2017 the Bill has been signed into law by the Russian President, and the CAO amendments for privacy violations have been effectuated on the 1st of July, 2017.

New administrative rules and sanctions

The previously effective wording of Article 13.11 of CAO was quite broad in terms of general interpretation and provided no specific types of data protection breaches. The new version of the mentioned Article now enlists specific categories of administrative offences for privacy violations under the PD Law.

More specifically, the previous wording of Article 13.11 of CAO reads as follows: "breach of the procedure of collection, storage, use or distribution of the data on citizens (personal data)" shall be punishable either with a warning or with the imposition of the following fines:

  • on individuals – from RUR 300 to RUR 500;
  • on company officers (the same for individual entrepreneurs) – from RUR 500 to RUR 1000;
  • on companies – from RUR 5000 to RUR 10 000.

Starting from July 01, 2017, the corresponding data protection breaches have been diversified into the following types of specific privacy violations, and the following fines are now becoming applicable (unless the offense constitute a crime where applicable) for the following data infringers:

Violation Individuals (RUR)  Individual entrepreneurs (RUR) Officers (company officers or government officials) (RUR) Companies (RUR)
personal data processing in cases not provided under the applicable laws as well personal data processing incompatible with the processing purposes (warning is possible instead of a fine) 1000 - 3000 5000 – 10 000 5000 – 10 000 30 000 – 50 000
personal data processing made without the written consent in cases where such consent is necessary or personal data processing made with the written consent does not meet mandatory requirements 3000 - 5000 10 000 – 20 000 10 000 – 20 000 15 000 – 70 000
failure to publish or provide access to a privacy policy or the information on requirements for personal data protection (warning is possible instead of a fine) 700 – 1 500 5 000 – 10 000 3 000 – 6 000 15 000 – 30 000
failure to provide an individual with the information on his/her personal data processing (warning is possible instead of a fine) 1 000  - 2000 10 000  -15 000 4 000 – 6 000 20 000 – 40 000
failure to satisfy (within the prescribed term) a request on personal data clarification, blocking or destruction (in cases where personal data is not full or is outdated, imprecise or illegitimately received or unnecessary for the announced purpose of data processing) (warning is possible instead of a fine) 1 000 – 2 000 10 000– 20 000 4 000  -10 000 25 000 – 45 000
failure, in case of personal data processing made without automated means, to comply with the terms of security requirements while storing tangible media containing personal data; or terms that exclude unauthorized access if it has been resulted in illegitimate or accidental access to personal data or its destruction, modification, blocking, copying, submission or dissemination 700 - 2000 10 000 – 20 000 4 000 – 10 000 25 000 – 50 000
failure for a state authority or a municipal authority to meet the obligation on depersonalizing personal data or following methods or requirements on depersonalizing (warning is possible instead of a fine) N/A N/A 3 000 – 6 000 N/A

Therefore, if Roskomnadzor investigates and locates corresponding data breach committed by data controller, it is empowered to:

  • initiate an administrative offence related case;
  • prepare the administrative offence report against the infringer; and
  • move the administrative case to the court.

Implications to expect

At this point of time, there are no issued official recommendations or practical guidance from Roskomnadzor or Ministry of Communications of the Russian Federation on the possible interpretation and application of the subject matter amendments. Therefore, it is generally expected for the moment that the above new rules and sanctions will have to be tested in practice at first.

At the same time, it is already clear that the Russian IT Regulator (Roskomnadzor) reserves the right to conduct scheduled (regular) and non-scheduled (random) privacy compliance checks. And, for this particular reason, it makes sense to immediately audit the internal data processing operations towards the Russian personal data, as well as underlying documentation and policies, to bring them all in line with the PD Law and the proposed amendments.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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

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

Similar Articles
Relevancy Powered by MondaqAI
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”

Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please 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 (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

To Use 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.


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.


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