Vkontakte and Federal Law 152

VS

As I looked, the topic “Federal Law No. 152 and the social network Vkontakte has already been raised on Habré. But I will add a couple more kopecks, for I consider this to be a rather important remark, which, perhaps, will make someone think.

User piepl in his topic Our new personal data (thanks to him, by the way, for a rather interesting analysis) cited as an example the point of the rules of "Vkontakte" as a benchmark, namely:

In paragraph 4.8 of the Vkontakte social network rules the following is written.
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By accepting these Rules by registering on the Site, the User confirms his consent to the processing by the Administration of his personal data provided during registration, as well as posted by the User voluntarily on his personal page. Processing of personal data of the User is carried out in accordance with the legislation of the Russian Federation. The Site Administration processes the User’s personal data in order to provide the User with services, including for the purpose of receiving personalized (targeted) advertising by the User; verification, research and analysis of such data, which allow maintaining and improving services and sections of the Site, as well as developing new services and sections of the Site. The Site Administration takes all necessary measures to protect the User’s personal data from unauthorized access, alteration, disclosure or destruction. The Administration provides access to the User’s personal data only to those employees, contractors and Administration agents who need this information to ensure the operation of the Site and the provision of the Services to the User. The Site Administration has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Russian Federation (including in order to prevent and / or suppress illegal and / or illegal actions of Users). The disclosure of information provided by the User can be made only in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation.

So, I declare with all responsibility: The social network "Vkontakte" does not process personal user data in accordance with the legislation of the Russian Federation. No Yes, yes, nothing at all.

Now I will explain on the fingers and a specific example.

As it is known, the processing of personal data in Russia is regulated by the Federal Law of July 27, 2006 N 152- “On Personal Data”
Fiction is very entertaining in itself, but we will be interested in Article 14 , and its paragraph 1, which I will quote in full:

The personal data subject has the right to receive information about the operator, its location, the operator has personal data relating to the relevant subject of personal data, as well as to get acquainted with such personal data, except as provided for in paragraph 5 of this article. The personal data subject has the right to require the operator to clarify their personal data, to block or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as to take measures provided by law to protect their rights

And Article 21 , paragraph 5:

In the event that the subject of the personal data withdraws consent to the processing of his personal data, the operator is obliged to stop processing the personal data and destroy the personal data within a period not exceeding three working days from the date of receipt of the specified recall, unless otherwise provided by agreement between the operator and the subject of personal data. The operator is obliged to notify the subject of personal data about the destruction of personal data.

Have you tried to delete your VKontakte page?
But I've tried. It still hangs , although I “retired” from there more than six months ago. And at least when I chose the option “delete page”, I was assured that in a month it would not be.

But it was just one of the examples of how the “Processing of the User’s personal data is carried out in accordance with the legislation of the Russian Federation.” In the main social network of the Russian Internet.

But I decided to conduct my small investigation further.

In the section "Vkontakte" about the site is the legal address:
" ", -, ., . 8, .

For the sake of scientific interest, I looked into the State Register of Legal Entities, and (about a miracle), I found it .

The INN of our LLC "Chamomile" "In Contact" 7842349892

Skopipastiv INN, I went to the official website of Roskomnadzor, namely in the section Registry of operators engaged in the processing of personal data
Enter the TIN and see the following:


So, one of the largest operators of personal data in Russia, not only does not comply with the elementary legislation of Russia itself, does not even bother to enter its LLC into “some kind of registry”, which it is obliged to enter as according to the law and by definition.

Findings? Do it yourself ...