Roskomnadzor will be able to conduct sudden inspections of Internet companies
The new draft administrative regulation for the Roskomnadzor to perform the functions of monitoring the activities of the organizers of the dissemination of information on the Internet gives this body additional powers. So, Roskomnadzor gets the opportunity to carry out sudden checks of Internet companies that are registered as organizers of the dissemination of information, Izvestia writes . These are mail services, social networks, instant messengers. The agency will be able to verify the fact of storage by such companies of information about the reception, transmission, delivery of both voice data and plain text, audio recordings, images. In addition, Roskomnadzor can study the list of registered users of the service.
The agency must warn the company about the planned inspection one day in advance. Nevertheless, if the authorized body considers this necessary, the inspection can be carried out without warning.
It is worth recalling that from August 1, amendments to the laws "On Information, Information Technologies and the Protection of Information", "On Communications" and the Code of Administrative Offenses entered into force. According to these laws, bloggers whose resources are visited by 3,000 or more people a day are required to comply with the same restrictions that are developed for the media. In addition, the legislation provides requirements for those sites and systems that provide the reception, transmission, delivery and processing of electronic messages from Web users.
As soon as such a site or service is registered with Roskomnadzor as an organizer of information dissemination, it is obliged to store “information on the facts of the reception, transmission, delivery and (or) processing of voice information, written text, images, sounds or other electronic messages from Internet users. ” For non-compliance with this rule, a fine is provided (for legal entities - up to 500 thousand rubles).
In order to be considered the organizer of the dissemination of information, a private person does not have to be a citizen of Russia, and a company does not have to have a legal entity in the Russian Federation.
Maxim Ksenzov, deputy head of Roskomnadzor, has already stated that the main Russian information resources have already been registered. So, VKontakte, Yandex services, Mail.ru Group went through the corresponding procedure for adding to a special registry. In addition, Roskomnadzor sent notifications of the need to register as an organizer of the dissemination of information on Facebook, Gmai, Twitter.
Information on the facts of messaging, according to the new rules, should be stored on servers in Russia. And Roskomnadzor should have access to this information - if necessary, the telecommunications company should provide access to the department’s employees both in the territory and in the office premises. The audit may not last more than 30 days, but if necessary, Roskomnadzor may extend it by 20 days. If, in the process of checking the property of a company, damage is caused, then such a company has the right to compensation for damage. Audited companies may also appeal against the actions of Roskomnadzor employees in court.
According to the lawyer of the Russian Association of Electronic Communications Maxim Buyanov, the document mentions only two grounds for verification: “This is an appeal [to Roskomnadzor] to the authorities carrying out operational-search activities or ensuring the security of the Russian Federation, or the expiration of the deadline for the execution of the order to eliminate the violation”.