Linkedin block for failure to comply with the law on "personal data"

Linkedin, a professional social network, will be blocked on the territory of Russia for failure to comply with the law on “personal data” over the next three days. The Appeals Board for Civil Cases of the Moscow City Court upheld the decision of the Tagansky District Court of August 4 of this year, Kommersant reports . According to him, LinkedIn social network is subject to blocking in the territory of the Russian Federation. Relevant instructions on making a resource in the register of prohibited sites sent to Roskomnadzor.

The basis of claims to Linkedin was the failure to comply with two requirements of the law “On Personal Data”: failure to comply with the requirements for localization of personal data of Russian citizens registered on the network, and violation of the rules for the order, storage and processing of third party data.

When filing an appeal, LinkedIn representatives pointed out a number of facts that could affect the court’s decision. For example, the first notice that Roskomnadzor allegedly sent on July 9, a month before the Tagansky court session, was not received by an American legal entity. Repeated notification reached the addressee only on the eve of the meeting - August 3, and it was made in Russian. Plus, due to the difference in time zones, the company’s representatives could not even send a letter or fax with a motion to postpone the meeting, since by the time the notification was received, the working day in the Russian Federation had already come to an end.
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Also, according to representatives of Linkedin Corporation - they can not be defendants in this case, as they are engaged only in work in the US market. A different legal entity is involved in working with Europe and the Russian Federation. face of the social network - Linkedin Ireland Unlimited Company from Dublin. The social network has no official representation in the Russian Federation and, accordingly, in the opinion of company representatives, the application of Russian laws to them is impossible. The Russian version of the site opens exclusively "based on the browser settings."

One of the stumbling blocks of the last meeting was “storing and collecting data from unregistered users”. According to Roskomnadzor experts, LinkedIn social network collects such data, namely, information about ip-addresses, browser and cookies. On the emotional objection of Linkedin lawyers that this data is not personal, the representative of Roskomnadzor replied that "this is your opinion."

It must be recalled that according to FZ-152 personal data is any information relating to a directly or indirectly determined or determined individual.

There are four categories of personal data:

• Category 4 - impersonal and (or) publicly available personal data;
• Category 3 - personal data, allowing to identify the subject of personal data;
• Category 2 - personal data that allows you to identify the subject of personal data and obtain additional information about it, with the exception of personal data belonging to category 1;
• Category 1 - personal data relating to race, nationality, political views, religious and philosophical beliefs, health, intimate life.

Reminder Linkedin lawyers that users voluntarily provide their personal data for storage and processing, as well as an indication that the defendant should be the Irish jur. face left without court attention. The Moscow City Court took the side of Roskomnadzor and left the decision of the Tagansky Court unchanged. Linkedin will enter the register of banned sites after Roskomnadzor has received the reasoning part of the court decision.