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08 August 2018
On 1 July 2018 new data storage rules took effect for telecoms operators in Russia. The new rules were approved for application by Government Resolution 445 of 12 April 2018.
The new data storage rules form an integral part of the ongoing reform of the legislation on the national governance of:
The government launched this reform through the enactment of amendments to:
This package of laws is called the 'Yarovaya Law' after Irina Yarovaya, a principal author of the laws and the leader of the underlying reform. Yarovaya was a member of the State Duma (the lower chamber of Parliament) and became head of the Parliamentary Committee for Security and Anti-corruption in 2011.
In brief, the Yarovaya Law's key legal provisions include:
According to the modified Article 64(1) of the Federal Law on Communications of 7 July 2003 (126-FZ), which was implemented by the Yarovaya Law, telecoms operators must store the following data in Russia:
Further, the general obligations on data storage include an obligation to provide the national law enforcement authorities, such as the Federal Security Service (FSS), with:
The resolution sets out specific data storage rules for telecoms operators. More specifically, it clarifies the specific obligations, principles, terms and volume of storage for telecoms operators with regard to the following e-content relating to communication service users in Russia:
The resolution outlines the following basic principles and specific obligations for telecoms operators:
Both the Yarovaya Law and the new additional data storage requirements have been widely criticised in Russia. Although the abovementioned legal provisions and rules are aimed at fighting e-terrorism and preserving national cybersecurity, their application and implementation will inevitably lead to substantial financial and material investments by telecoms operators. Therefore, it will be interesting to see how this legislation will be complied with in practice.
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.
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