Medvedev has signed changes to the federal law "On Information". Roskomnadzor gets access to personal correspondence of users
Prime Minister Dmitry Medvedev signed a decree by which Roskomnadzor received the right to check the correspondence of users of social networks, including Odnoklassniki and VKontakte, email and instant messengers (Agent.Mail.ru, ICQ), as well as a blog platform, a number of Russian online media such as mk.ru , echospb.ru . Major publishers of the TASS series and RIA-news do not confirm this information. On the portal of Roskomnadzor information about obtaining such powers is also missing.
The media refer to an electronic copy of this document on the website of the Government of the Russian Federation. Excerpt from the text:
“Prepared by the Ministry of Communications in pursuance of the Federal Law of May 5, 2014 No. 97-FZ “ On Amendments to the Federal Law “On Information, Information Technologies and Protection of Information” and certain legislative acts of the Russian Federation on streamlining the exchange of information using information and telecommunications networks ”(hereinafter - Federal Law №97-FZ). Federal Law No. 97-FZ was adopted in order to protect the rights of citizens and streamline the dissemination of information and data exchange between users on the Internet and introduced within the framework of the so-called "Anti-terrorism package"
Federal law No. 97-FZ establishes the definition of the organizer of information dissemination (hereinafter - ARI).
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ORI is a person engaged in activities to ensure the functioning of information systems and (or) programs for electronic computers that are designed and / or used to receive, transmit, deliver and / or process electronic messages of Internet users. "
According to the text, Roskomnadzor has the right to conduct ARI control in the form of “field and documentary checks”.
At the same time, the document severely limits the rights of RKN in the matter of access to personal data.
“The grounds for control can only be:
- appeals from the bodies carrying out operational investigative activities or ensuring the security of the Russian Federation (hereinafter referred to as the authorized bodies);
- the expiration of the deadline for the organizer of the dissemination of information previously issued by the authorized persons of the control body of the prescription to eliminate the revealed violation of mandatory requirements. ”
Now, upon request from the investigating authorities, the RNN has the right to fully verify the user's personal correspondence on social networks and via e-mail. Roskomnadzor also has the opportunity to “establish the facts of receiving, transmitting, delivering and (or) processing electronic messages”, “review, analyze information resources of the disseminator, record and record actions available to the user”, and so on.
Earlier, an official protocol was published, which included 19 comments from experts in the field of communication and protection of personal data, which indicated that the adoption of such a law would entail a "multiple increase in the risks of disclosing confidential information without the possibility of bringing the perpetrator to justice. Such functions are absolutely unfeasible for those individuals / companies that are outside of Russia. ” The Ministry of Communications rejected these comments, and the document was signed.
The media refer to an electronic copy of this document on the website of the Government of the Russian Federation. Excerpt from the text:
“Prepared by the Ministry of Communications in pursuance of the Federal Law of May 5, 2014 No. 97-FZ “ On Amendments to the Federal Law “On Information, Information Technologies and Protection of Information” and certain legislative acts of the Russian Federation on streamlining the exchange of information using information and telecommunications networks ”(hereinafter - Federal Law №97-FZ). Federal Law No. 97-FZ was adopted in order to protect the rights of citizens and streamline the dissemination of information and data exchange between users on the Internet and introduced within the framework of the so-called "Anti-terrorism package"
Federal law No. 97-FZ establishes the definition of the organizer of information dissemination (hereinafter - ARI).
')
ORI is a person engaged in activities to ensure the functioning of information systems and (or) programs for electronic computers that are designed and / or used to receive, transmit, deliver and / or process electronic messages of Internet users. "
According to the text, Roskomnadzor has the right to conduct ARI control in the form of “field and documentary checks”.
At the same time, the document severely limits the rights of RKN in the matter of access to personal data.
“The grounds for control can only be:
- appeals from the bodies carrying out operational investigative activities or ensuring the security of the Russian Federation (hereinafter referred to as the authorized bodies);
- the expiration of the deadline for the organizer of the dissemination of information previously issued by the authorized persons of the control body of the prescription to eliminate the revealed violation of mandatory requirements. ”
Now, upon request from the investigating authorities, the RNN has the right to fully verify the user's personal correspondence on social networks and via e-mail. Roskomnadzor also has the opportunity to “establish the facts of receiving, transmitting, delivering and (or) processing electronic messages”, “review, analyze information resources of the disseminator, record and record actions available to the user”, and so on.
Earlier, an official protocol was published, which included 19 comments from experts in the field of communication and protection of personal data, which indicated that the adoption of such a law would entail a "multiple increase in the risks of disclosing confidential information without the possibility of bringing the perpetrator to justice. Such functions are absolutely unfeasible for those individuals / companies that are outside of Russia. ” The Ministry of Communications rejected these comments, and the document was signed.
Source: https://habr.com/ru/post/356710/
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