The State Duma introduces a fine of 1 million rubles for search engines for failure to exercise the "right to oblivion"

The State Duma in the third reading passed a law according to which the search engine could be fined a million rubles in case of refusal to delete information at the request of a person. Yandex believes that the law contradicts the Constitution and is technically unrealizable.



The right to oblivion is the human right to demand the removal of personal data from search results. We are talking about links to outdated, inappropriate, incomplete, inaccurate or redundant information that could harm a person. This right for the citizens of Europe secured the court of the European Union in 2014, when a precedent was set in the case of Mario Costech Gonzalez . The plaintiff in 2010 found that Google, at the request of his name and surname, provides a link to the newspaper’s website with the announcement of 1998, stating that he was arrested at home in connection with debts. He demanded to remove the information due to the loss of its relevance from the Department of Personal Data Protection of Spain, Google appealed the decision, and the European Court ordered the search engines to monitor the collection and storage of information.

According to the new law adopted by the State Duma of the Russian Federation in the third reading, a penalty of 80 to 100 thousand rubles is provided for ignoring the user's appeal. After a successful request for deletion of information through the court, the fine will be from 800 thousand rubles to a million. Invalid information and information about events older than three years are subject to removal. The duty to decide what information is unreliable will fall on the search engines.
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Yandex criticized the law. According to the company's specialists, the implementation of this law is contrary to the Constitution of Russia and is technically impossible. The company has prepared a conclusion . The main points of the conclusion:

• The bill violates the constitutional right of citizens to seek and receive information. If the draft law is adopted, the search for a large array of socially significant and reliable information will be difficult.
• The bill imposes on search engine operators, which are commercial organizations, non-characteristic functions.
• Technical implementation of the draft law is impossible, since The draft law does not take into account the technical features of the dissemination of information on the Internet and the features of the functioning of search engines.
• The bill opens up opportunities for abuse, including to fight competitors.
• Definitions that are used in the Bill are incorrect.
• The proposed concept and wording of the Draft Law also differs significantly from European law enforcement practice.