And again about the depersonalization
A draft Federal Law “On Amendments to the Federal Law“ On Personal Data ”regarding the clarification of requirements for anonymization of personal data appeared on the Federal portal of draft regulatory legal acts.
The full text of the project is available here .
The essence of the proposal of the Ministry of Communications is simple: personal data can only be de-personalized in cases directly established by the legislation of the Russian Federation and in accordance with the requirements and methods established by Roskomnadzor.
If any operator, and not just an authority or local government, as it is now, does not depersonalize the cases in cases established by law or depersonalizes them incorrectly, this terrible act entails administrative responsibility, for which the Ministry of Communications made another proposal, available here .
The draft text reads as follows:
Part 7 of Article 13.11 of the Code of Administrative Offenses of the Russian Federation shall be amended as follows:
“7. Failure by the operator to fulfill the obligation to de-personalize personal data provided for by the legislation of the Russian Federation in the field of personal data or failure to comply with the established requirements or methods for de-personalizing personal data entails a warning or imposition of an administrative fine
- on citizens in the amount of from seven hundred to one thousand five hundred rubles;
- on officials - from three thousand to six thousand rubles;
- for individual entrepreneurs - from five thousand to ten thousand rubles;
- on legal entities - from fifteen thousand to thirty thousand rubles. "
Administrative responsibility for the depersonalization of data in cases not provided for by law is not established, but it may qualify under Part 1 of Article 13.11 - personal data processing not provided for by law.
The Explanatory Note to the draft law states that the innovation is proposed “pursuant to the instructions of the President of the Russian Federation of November 23, 2015 No. Pr-2414 in order to protect the interests of personal data subjects”.
The aforementioned Explanatory Note states that “according to the Personal Data Act, personal data depersonalization can also be carried out by operators who are not state and municipal bodies in statutory cases”. But this is not in the law.
Impersonation is mentioned in the Law on Personal Data exactly four times:
- in clause 3 of Article 3, which defines the processing of personal data, and
- in paragraph 9 of the same article, which defines the term "depersonalization";
- in Part 5 of Article 5, which empowers the operator to de-personalize and not to destroy personal data upon the achievement of processing objectives or in the event of the loss of the need to achieve these objectives;
- and in clause 9 of part 1 of article 6 authorizing the processing of personal data without the subject's consent for statistical or other research purposes, with the exception of direct marketing, subject to the mandatory de-identification of personal data.
That is, no statutory cases of depersonalization. Moreover, the proposed rule directly contradicts part 7 of article 5. The
proposed amendment kills business and science. Research, medical, sociological, or any other, is based on a statistical analysis of data on a huge number of people who, in order to protect their interests, are depersonalized by the relevant organizations.
The adoption of the draft law will require amending a huge amount of legislation to legalize the depersonalization of personal data in various fields of activity, and before they are adopted, the actions of the depersonalization operators will contradict the law. Of course, there is hope that these initiatives will not be accepted.
Under the link you can download ourWhite Paper on the Federal Law number 152 .
This is a book that was published to help eliminate confusion in the processing of personal data and clearly describe for business the process of bringing personal data information systems in accordance with the laws of Russia. The topic is revealed from scratch. Already more than 4000 downloads.