What will happen to the law banning the storage of personal data of Russians abroad

We all remember that Russian President Vladimir Putin signed a law obliging people to store personal data of Russian citizens only in Russia. This was reported on the portal of legal information.


The law comes into force on September 1, 2016. And here are some interesting points.

In the second and third (final) reading, the bill was adopted by the State Duma on July 4, 2014; it was approved by the Federation Council on July 9.

This law amends the laws “On Personal Data” and “On Information, Information Technologies and the Protection of Information”.

In particular, the law “On personal data” is supplemented by the article: “When collecting personal data, including through the information and telecommunication network, the operator is obliged to record, systematize, accumulate, store, clarify, retrieve personal data of citizens of the Russian Federation in the databases data located on the territory of the Russian Federation. ”

The adopted law gives Roskomnadzor the authority to require telecom operators to restrict access to Internet resources that do not guarantee the storage of personal data within the country.

Chairman of the Moscow Bar Association “Your Legal Attorney” Konstantin Trapaidze previously told Lente.ru that the only way to achieve this law in relation to 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, as these companies are outside Russian jurisdiction.

What is banned?

According to the law, Roskomnadzor should restrict access to information that is “processed in violation of the law,” that is, not in Russia. To do this, he will send a letter reporting a 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 the blocking of the site.

All violating sites will be included in the new “black list” - the Register of violators of the rights of personal data subjects. It is specified that Roskomnadzor can send a letter only after a court decision. However, the law does not clarify for what reason the trial will begin - at 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 be able to physically fulfill the requirements of Russian law. For example, according to domestic experts, foreign online stores will not be able to put their servers in Russia, because they must process data in the country in which they work.

A similar situation may arise with foreign services for booking airline tickets, hotels (Booking.com), accommodation (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 startups 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 enforce 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 of Russian jurisdiction. However, earlier similar restrictions in other countries led to the fact that services simply stopped working on their territory.

Despite the possible departure of foreign services from the Russian market, some officials expect to receive economic benefits. For example, municipal deputy Aleksey Lisovenko believes that this may benefit the Siberian region. “Each ruble spent on the server requires another 51 kopecks for electricity and cooling. Thus, even a slight increase or decrease in electricity consumption can have a huge impact on costs, ”he cites the results of the IDC study. And the Ministry of Economic Development believes that it is necessary to stimulate the placement of servers in closed cities. This, for example, will create additional jobs on their territory, as well as limit 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 if Twitter is blocked, you can use its decentralized version - Twister.

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