VKontakte and Federal Law 152

VS

As I looked, the theme "Federal Law No. 152 and the social network" Vkontakte "has been raised several times on Habré. But I’ll add a couple more kopecks, because I think this is quite an important point, which, perhaps, will make someone think.

The user piepl in his topic Our new personal data (thanks to him, by the way, for a rather interesting analysis) cited the example of the Vkontakte rules paragraph as an example, namely:

In paragraph 4.8 of the rules of the VKontakte social network the following is written.

By accepting these Rules by registering on the Site, the User confirms his consent to the processing by the Administration of his personal data provided during registration, as well as voluntarily posted by the User on his personal page.The processing of the User’s personal data is carried out in accordance with the legislation of the Russian Federation.The Site Administration processes the User’s personal data in order to provide services to the User, including in order to receive personalized (targeted) advertising by the User; verification, research and analysis of such data, allowing to maintain and improve the services and sections of the Site, as well as to develop new services and sections of the Site. The Site Administration takes all necessary measures to protect the User’s personal data from unauthorized access, alteration, disclosure or destruction. The Administration provides access to the User’s personal data only to those employees, contractors and agents of the Administration who need this information to ensure the functioning of the Site and the provision of Services to the User. The Site Administration has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Russian Federation (including in order to prevent and / or suppress the illegal and / or illegal actions of Users). Information provided by the User may be disclosed only in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation.

So, with all responsibility I declare: The social network “Vkontakte” does not process the personal data of the user in accordance with the legislation of the Russian Federation. No way. Yes, yes, nothing at all.

Now I will explain on the fingers and a specific example.

As you know, the processing of personal data in Russia is regulated by the Federal Law of July 27, 2006 N 152-ФЗ “On Personal Data”.
Fiction is very interesting in itself, but we will be interested in Article 14 and its clause 1, which I will quote in full :

The personal data subject has the right to receive information about the operator, his location, the operator’s personal data related to the relevant personal data subject, as well as to familiarize himself with such personal data, except as provided for in paragraph 5 of this article. The personal data subject has the right to require the operator to clarify his personal data, to block or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated processing purpose, and also take measures prescribed by law to protect their rights

And Article 21 , paragraph 5:

In case of withdrawal by the subject of personal data of consent to the processing of his personal data, the operator must stop processing personal data and destroy personal data within a period not exceeding three business days from the date of receipt of the said revocation, unless otherwise provided by agreement between the operator and the subject of personal data. The operator is obliged to notify the subject of personal data about the destruction of personal data.

Have you tried deleting your VKontakte page?
I've tried it. It still hangs , although I “retired” from there more than six months ago. And even though when I selected the “delete page” item, they assured me that in a month it would not be there.

But this was just one example of how “Processing of the User’s personal data is carried out in accordance with the legislation of the Russian Federation.” In the main social network of Runet.

But I decided to conduct my little investigation further.

The legal address is indicated in the Vkontakte section on the site :
ООО "В Контакте", Санкт-Петербург, Тверская ул., д. 8, лит. Б

For the sake of scientific interest, I looked at the State Register of Legal Entities, and (about a miracle), I found it .

TIN of our LLC "Camomile" "In contact" 7842349892 Having

copied the TIN, I went to the official website of Roskomnadzor, namely to the Register of operators that process personal data section ,
Enter the TIN and see the following:


So, one of the largest personal data operators in Russia, not only doesn’t comply with the elementary legislation of Russia itself, it also doesn’t bother to include its LLC in “some kind of register there”, which it must enter into according to law, so by definition.

Conclusions? Do it yourself ...