We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
29 January 2021
Federal Law 152-FZ of 27 July 2006 on Personal Data (Personal Data Law) is the primary law regulating personal data processing operations and related protection issues in Russia. Among the special regimes set out in the Personal Data Law is that which concerns the processing of personal data which is made publicly available by the data subject.
On 30 December 2020 the president signed into law (after its adoption by Parliament) Draft Law 1057337-7 on the Amendment of the Personal Data Law, which makes certain amendments to the existing regulations concerning publicly available personal data. The new law was published on the Russian legal portal on 30 December 2020 and will become effective on 21 March 2021 (in terms of the new definition of 'public personal data') and 1 July 2021 (in terms of the main data processing aspects relating to public personal data) (effective dates).
The new law also concerns the protection of personal data which is made publicly available. It deals with particular situations where data users have published information about themselves (eg, on a website), resulting in the dissemination of such data by other persons.
The new law introduces the specific notion of 'personal data made publicly available'. This is defined as personal data to which the data subject gives an unlimited number of persons access by consenting to the processing of the data for further distribution pursuant to the order determined by the Personal Data Law.
In the existing Personal Data Law, the fact that personal data is made publicly available is among the special cases of data protection regulation (Article 6). Under the new law, the processing of this particular category of data will require the data subject's consent. Requirements with regard to the content of such consent will be set by the Federal Service for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor).
Therefore, as soon as the new law enters into effect, the processing of personal data made public by the personal data subject will become subject to the special legal regime, implying the need for the data subject to give their explicit consent.
The new law also introduces Article 10.1 to the Personal Data Law, which specifically provides the following conditions and restrictions for the processing of personal data made publicly available:
These requirements (conditions and restrictions) do not apply in the event of data processing which aims to fulfil the functions, powers and duties imposed by Russian law on federal executive bodies, executive bodies of constituent entities of Russian or local self-government bodies.
Immediately after the effective dates, when the new law becomes valid and fully applicable, businesses and respective data operators will have to comply with the special regime of protection for public personal data, as outlined above. Of course, certain preparatory actions must be taken in advance to avoid data breaches in this respect and relevant liability under Russian law.
As a first step, data operators should review their internal data protection policies and documents, especially those governing business processes and specific processing operations relating to public personal data, and assess whether such activities would contradict the new requirements. If this is the case, certain adaptions and corrections will have to be made from a legal and organisational perspective.
For further information on this topic please contact Sergey Medvedev or Ilya Goryachev at Gorodissky & Partners by telephone (+7 495 937 6116) or email (email@example.com) or firstname.lastname@example.org). The Gorodissky & Partners website can be accessed at www.gorodissky.com.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.