What will happen to the law on the prohibition of the storage of personal data of Russians abroad
We all remember that Russian President Vladimir Putin signed a law obliging to store personal data of Russian citizens only in Russia. This is reported on the portal of legal information.
The law comes into force on September 1, 2016. And here are the interesting moments.
In the second and third (final) reading, the bill was adopted by the State Duma on July 4, 2014, and approved by the Council of Federation on July 9.
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This law amends the laws “On Personal Data” and “On Information, Information Technologies and Information Protection”.
In particular, the Law on Personal Data is supplemented by the article: “When collecting personal data, including through the information and telecommunications Internet, the operator is obliged to record, systematize, accumulate, store, update, retrieve personal data of citizens of the Russian Federation in databases data located on the territory of the Russian Federation ".
The adopted law gives Roskomnadzor the authority to require communication operators to restrict access to Internet resources that do not guarantee the storage of personal data inside the country.
The chairman of the Moscow bar of attorneys, “Your Legal Attorney,” Konstantin Trapaidze, has previously declared Lente.ru that the only way to enforce this law against foreign Internet companies, like Google or Facebook, is to block access to their services in Russia. There is simply no other way to force them to comply with the law, since these companies are outside Russian jurisdiction.
According to the law, Roskomnadzor should limit access to information that is “processed in violation of the law,” that is, not in Russia. To do this, he will send a letter with a message on violation of the law to the hosting service or its owner. If the latter does not take “immediate measures” to eliminate the violation, the agency will send a second letter to domestic providers indicating that the site has been blocked.
All offender sites will be included in the new “black list” - Register of violators of the rights of personal data subjects. It clarifies that Roskomnadzor can send a letter only after a court decision. However, the law does not clarify for what reason the trial will begin - on the request of Roskomnadzor or any other person.
Even if individual companies (for example, Google and Microsoft) agree to establish their data centers in Russia, some services will not physically be able to fulfill the requirements of Russian legislation. For example, domestic experts believe that foreign online stores will not be able to deliver their servers in Russia, since they must process data in the territory of the country in which they operate.
A similar situation may occur with foreign services booking airline tickets, hotels (Booking.com), housing (Airbnb), as well as payment instruments (PayPal). They must store their data on international servers so that other companies can access them from any country. The amendments adopted by the State Duma of the Russian Federation do not clarify whether access to information in Russian data centers from abroad will be allowed. And it is not clear how young Internet start-ups can work in Russia, who do not have the means to pay so much attention to Russian users.
Experts say that the only way to achieve the implementation of this law in relation to foreign Internet companies, such as Google or Facebook, is to block access to their services in Russia. This situation is due to the fact that these companies are outside Russian jurisdiction. However, earlier similar restrictions in other countries led to the fact that services simply stopped working on their territory.
Despite the possible withdrawal of foreign services from the Russian market, some officials expect to receive economic benefits. For example, the municipal deputy Alexey Lisovenko believes that this may be of benefit to the Siberian region. “Every ruble spent on the server requires another 51 kopecks for electricity and cooling. Thus, even a small increase or decrease in electricity consumption can have a huge impact on costs, ”he leads the IDC study. And the Ministry of Economic Development believes that it is necessary to stimulate the placement of servers in the territory of closed cities. This, for example, will create additional jobs in their territory, as well as restrict access to server equipment.
There is an option to download Tor or I2P, since any decentralized services will not suffer from such measures. There are also secure messengers, like TOX. In addition, you can arrange your network with F2F or connect to the "deep" Internet Hyperboria. And in the case of blocking Twitter, you can use its decentralized version - Twister.
The law comes into force on September 1, 2016. And here are the interesting moments.
In the second and third (final) reading, the bill was adopted by the State Duma on July 4, 2014, and approved by the Council of Federation on July 9.
')
This law amends the laws “On Personal Data” and “On Information, Information Technologies and Information Protection”.
In particular, the Law on Personal Data is supplemented by the article: “When collecting personal data, including through the information and telecommunications Internet, the operator is obliged to record, systematize, accumulate, store, update, retrieve personal data of citizens of the Russian Federation in databases data located on the territory of the Russian Federation ".
The adopted law gives Roskomnadzor the authority to require communication operators to restrict access to Internet resources that do not guarantee the storage of personal data inside the country.
The chairman of the Moscow bar of attorneys, “Your Legal Attorney,” Konstantin Trapaidze, has previously declared Lente.ru that the only way to enforce this law against foreign Internet companies, like Google or Facebook, is to block access to their services in Russia. There is simply no other way to force them to comply with the law, since these companies are outside Russian jurisdiction.
What is banned?
According to the law, Roskomnadzor should limit access to information that is “processed in violation of the law,” that is, not in Russia. To do this, he will send a letter with a message on violation of the law to the hosting service or its owner. If the latter does not take “immediate measures” to eliminate the violation, the agency will send a second letter to domestic providers indicating that the site has been blocked.
All offender sites will be included in the new “black list” - Register of violators of the rights of personal data subjects. It clarifies that Roskomnadzor can send a letter only after a court decision. However, the law does not clarify for what reason the trial will begin - on the request of Roskomnadzor or any other person.
On practice
Even if individual companies (for example, Google and Microsoft) agree to establish their data centers in Russia, some services will not physically be able to fulfill the requirements of Russian legislation. For example, domestic experts believe that foreign online stores will not be able to deliver their servers in Russia, since they must process data in the territory of the country in which they operate.
A similar situation may occur with foreign services booking airline tickets, hotels (Booking.com), housing (Airbnb), as well as payment instruments (PayPal). They must store their data on international servers so that other companies can access them from any country. The amendments adopted by the State Duma of the Russian Federation do not clarify whether access to information in Russian data centers from abroad will be allowed. And it is not clear how young Internet start-ups can work in Russia, who do not have the means to pay so much attention to Russian users.
Experts say that the only way to achieve the implementation of this law in relation to foreign Internet companies, such as Google or Facebook, is to block access to their services in Russia. This situation is due to the fact that these companies are outside Russian jurisdiction. However, earlier similar restrictions in other countries led to the fact that services simply stopped working on their territory.
Despite the possible withdrawal of foreign services from the Russian market, some officials expect to receive economic benefits. For example, the municipal deputy Alexey Lisovenko believes that this may be of benefit to the Siberian region. “Every ruble spent on the server requires another 51 kopecks for electricity and cooling. Thus, even a small increase or decrease in electricity consumption can have a huge impact on costs, ”he leads the IDC study. And the Ministry of Economic Development believes that it is necessary to stimulate the placement of servers in the territory of closed cities. This, for example, will create additional jobs in their territory, as well as restrict access to server equipment.
What to do?
There is an option to download Tor or I2P, since any decentralized services will not suffer from such measures. There are also secure messengers, like TOX. In addition, you can arrange your network with F2F or connect to the "deep" Internet Hyperboria. And in the case of blocking Twitter, you can use its decentralized version - Twister.
Source: https://habr.com/ru/post/238807/
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