Roskomnadzor warned the portal “Judicial decisions” for the publication of a judicial decision



    The St. Petersburg Judicial Decisions news agency received a warning from Roskomnadzor for publishing decisions of Russian courts. If the agency continues to publish on its website open information from the websites of Russian courts, then Roskomnadzor threatens to add the court’s court decisions website. To the “black list” of resources with information that is prohibited for distribution on the territory of the Russian Federation.

    The story sounds like nonsense from parallel reality: for the first time in history, the Russian media received a warning for verbatim reproduction of a court verdict .

    Unfortunately, this is the actual practice of Russian law. In this case, Roskomnadzor refers to Article 4 of the Law of the Russian Federation “About the media.

    The article “ Inadmissibility of abuse of freedom of the media ” prohibits the use of the media to disclose secrets specially protected by law.

    Section 4. Inadmissibility of Abuse of Freedom of the Media
    Не допускается использование средств массовой информации в целях совершения уголовно наказуемых деяний, для разглашения сведений, составляющих государственную или иную специально охраняемую законом тайну, для распространения материалов, содержащих публичные призывы к осуществлению террористической деятельности или публично оправдывающих терроризм, других экстремистских материалов, а также материалов, пропагандирующих порнографию, культ насилия и жестокости, и материалов, содержащих нецензурную брань.

    The concept of "secrecy" is quite multifaceted: see the " List of normative acts relating to the category of limited access ." This includes state secrets, trade secrets, tax secrets, bank secrets, medical secrets, notarial secrets and so on. And among other things - personal data (any information relating directly or indirectly to a specific or determined individual (subject of personal data)) .

    Restrictions on the distribution of personal data are defined in article 7 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”. The article " Confidentiality of personal data " reads:

    Operators and other persons who have gained access to personal data are required not to disclose to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.

    Apparently, on the basis of this determination, Roskomandzor issued its warning.



    The reason seems pretty far-fetched. The administrators of the site “Judicial Decisions of the Russian Federation” are sure that Roskomnadzor uses the pretext to deliberately prevent journalists and the media from disseminating information about participants in the lawsuits.

    Lawyers of the “Judicial Decisions of the Russian Federation” agency believe that some personal data - information about facts, events and circumstances of a citizen’s private life, allowing his identity to be identified - in accordance with the Decree of the President of the Russian Federation, refers to confidential informationbut are not a secret in the legal meaning of this word. In other words, Roskomnadzor simply uses legal tricks to stop the dissemination of information about court decisions, which from an unsightly side show the work of the judicial system of the Russian Federation.

    The funny thing is that Roskomnadzor has no complaints about the sites of the courts themselves, which publish court decisions in the public domain (indeed, these are little-visited sites), but there are complaints about the media that repost these messages from official sources !

    It should be noted that in accordance with Article 38 of the same Law of the Russian Federation “ On Mass Media”, Citizens have the right to promptly receive reliable information about the activities of state bodies, local governments, organizations, public associations and their officials through the media.

    Moreover, in accordance with Article 38 , the editorial board is not responsible for the dissemination of information constituting an abuse of freedom of the media if this information is present in mandatory communications (which include court decisions addressed to the editorial office) or they are contained in press materials services of state bodies, organizations, institutions, enterprises, bodies of public associations .

    In this case, court decisions published on the official websites of the courts are consistent with the description of the information for which the editorial board is not responsible.

    Judicial Decisions of the Russian Federation news agency reports that it is not the first time that Roskomnadzor has submitted illegal claims protecting the interests of criminals and scammers who require the removal of personal information about themselves from the Internet in accordance with the recently adopted law on the “right to oblivion”: for more details, see article " The authority of Mikhas took advantage of the" right to oblivion "and removed his past from search engines ."

    Surprisingly, now the authorities (Roskomnadzor) are forced to protect the interests of former fraudsters and criminals, including those who have committed crimes against government and the state. This is a legal incident.

    If, after several warnings issued, Roskomnadzor blocks the “Judicial Decisions” website for publishing judicial decisions, then this incident threatens to turn into real insanity.

    “The principles of the openness of legal proceedings and the need to publish texts of court decisions with data on participants in the trials are supported by everyone - both the servants of Themis and human rights activists,” saidChief Editor of the Judicial Decisions of the Russian Federation Pavel Netupsky. - Only employees of Roskomnadzor categorically do not accept the principle of freedom of speech. Moreover, they act in the interests of dubious individuals and create various "tricks" for journalists. "

    Maybe the editor-in-chief is slightly exaggerating about the “podlyanka”, but the actions of Roskomnadzor really look very strange.

    “A site created for the convenience of citizens, thanks to which they won’t have to scour the entire Runet in search of a court decision of interest, for some reason, the regulator decided to subject unjustified pressure. We consider this to be another manifestation of censorship prohibited by the Constitution of the Russian Federation and we hope that the fact that a warning is issued to the “Judicial Decisions” site is just a mistake in the work of Roskomnadzor, ”they writehuman rights activists from the Center for the Protection and Digital Rights and Movement of RosKomSvoboda.

    The Agency “Judicial Decisions of the Russian Federation” considers the claims of Roskomnadzor illegal and stated that it was not going to remove any information from published documents. Claims of Roskomnadzor will be challenged in court.

    We are also waiting for the comment of Roskomnadzor in connection with this situation.

    UPD. Roskomnadzor published an official comment .

    On the situation with the warning to the online publication “Judicial Decisions of the Russian Federation”
    on July 5, 2016,

    Roskomnadzor carried out checks on the fact of receiving four complaints from citizens of the Russian Federation regarding the editorial office of the online media “Judicial Decisions of the Russian Federation”. The subject of complaints is the posting on the website of the specified media of personal data of participants in lawsuits.

    As a result of the checks, it was established that the editorial board of the media “Judicial Decisions of the Russian Federation” publishes personal data of participants in litigations in violation of the laws of the Russian Federation. In three cases, the facts of placing personal data of participants in the trial in excess were established. In one case, a judicial act of a closed court session was posted, which provides information on the state of health of a participant in a civil trial.

    Federal Law 262-ФЗ No. 262-ФЗ “On Ensuring Access to Information on the Activities of Courts in the Russian Federation”, with a view to ensuring security, defines a limit set of information about participants in the trial that can be published. This is a surname and initials. The publication of a wider range of personal data of participants in a lawsuit goes beyond the requirements of article 15 of the said law.

    When publishing information on the activities of the courts, the media must be guided by their relevant legislation. Article 4 of the federal law “On Mass Media” limits the possibility of publishing information protected by law in the media, including personal data of participants in a lawsuit.

    Letters about the revealed violations of the legislation of the Russian Federation on personal data were repeatedly sent to the editorial office of the media “Judicial Decisions of the Russian Federation”. These letters were ignored by the editors.

    On June 22, 2016, Roskomnadzor issued a warning to the editorial office of the online edition of “Judicial Decisions of the Russian Federation” for violating the requirements of Art. 4 of the law "On the media."

    UPD 2 . The representative of the IA “Judicial Decisions of the Russian Federation” registered at Geektimes ( SudReshenia ) and published a link to the official response to the comment of Roskomnadzor.

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