Roscomnadzor proposed to toughen the penalties for violations when dealing with personal data of citizens, increasing the maximum penalty from 10 thousand to 700 thousand rubles. This provision is contained in the n odgotovlennyh Roscomnadzor amendments to the Code of Administrative Offences (CAO) (is in possession of “Izvestia”). Ministry of Communications and the advisory council offer support with some remarks.
Koap Now there is only one article on the personal data. For violation of the established procedure for their collection, storage, use or distribution relies warning or penalty: for individuals – up to 1 million rubles for legal entities – up to 10 million
– Roscomnadzor two years ago took the initiative to introduce new elements of offense, providing the ultimate responsibility – says spokesman Vadim Roskomnadzora Ampelonsky.
maximum liability is provided for legal entities for violations in the processing of special categories of personal data – such as information about racial or ethnic origin, political opinions, religious beliefs, health or sexual life, if it caused harm to health of the citizen.
– Office proposes to introduce a differentiated responsibility for the violation of the rights of data subjects, – said Ampelonsky. – The essence of the change – in particular responsibility for specific offenses.
Roscomnadzor offers a fine of up to 700 thousand rubles, and for violations of the rules on transfer of personal data across the state border of Russia. However, in the text of the bill, which has been coordinated with the Ministry of Communications and interagency advisory council, this provision was not included.
But there appeared absent in the original version of the amendment penalty clause for the mass leakage of personal information that touched 100 thousand people or more. In this case, the sanctions for legal entities can be up to 300 thousand rubles.
– Logic lawmakers clear. By increasing the fines, they want to motivate the first major Internet companies providing e-mail services, e-commerce and domain registration, more carefully observe the legislation on personal data, – said the deputy director of the legal department of Ru-Center Catherine Rybin. – Note, however, that the operators of personal data include many state and municipal institutions financed from the budget. This, for example, schools or hospitals. For them, such amounts will be significant.
According to the head of “Penguin Software” (Russian producer of free software) Dmitry Komissarov, the legislation on personal data and now it is difficult to perform.
– At the entrance to many business centers in the visitor record passport details. The guest in most cases, no one passes the rights to the use and processing of the data. How to monitor the implementation of the law on protection of personal data – is a big issue – said Commissioners. – It is not clear how to track cross-border transfers. Now a lot of data is stored in the “cloud.” And how do you know that the same Apple requested from the user and where the company keeps this information. Such a law would, of course, necessary, but it is ill-timed.
According to Vadim Ampelonskogo in Roskomnadzor understand that one increasing penalties status of compliance with the law on personal data can not be changed drastically. Supervisory authority prepares and other changes to the legislation.
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