Russia - Personal data violations bill introduces civil offences for violation of data subjects' rights

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Russia - Personal data violations bill introduces civil offences for violation of data subjects' rights

Published 11 abril 2017

Further to our update on this topic in the previous alerter, on 7 February 2017 the Federal Law no. 13-FZ (the "Law") amending the Code of Administrative Offences of the Russian Federation (the “Code”) increased and created different levels of administrative liability for violation of Russian personal data protection legislation.

Currently under Russian law there is one administrative offence relating to data protection. It covers violation of the procedure for collecting, storing, using or disseminating personal data and entails a fine up to RUB 10,000 (approx. EUR 165) for the organisation involved.

The Law introduces an approach based on levels of liability depending on the type of violation, and increases fines for non-compliance.

The Law authorises the Russian Data Protection Authority (the "Roskomnadzor") to initiate the procedure for bringing enforcement action against those in breach without involvement of the state prosecutor.

It is significant that the proposed amendments do not cover non-compliance with the new data localisation requirements. This means that after the Law enters into force no administrative fines are expected to be imposed on data controllers which do not ensure recording, systematisation, accumulation, storage, specifications (updating, modification) and retrieval of Russian citizens’ personal data in databases located in the Russian Federation in breach of the data localisation laws.

Amendments to the Code introduced by the Law will enter into force on 1 July 2017.

To the extent organisations process personal data in Russia, firms should familiarise themselves with the amendments introduced by the Law. The extension of Roskomnadzor's power to initiate administrative proceedings may well result in increased enforcement in other sectors. As such, organisations should also monitor any activity in the regulatory environment.

Submitted by Irina Anyukhina and Anastasia Petrova, of ALURD Law Firm – Moscow, Russia

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