5 July 2017 |
Personal data: to what extent have fines increased in 2017?On July 1st, 2017 several amendments[1] to Article 13.11 in the Russian Federation Code on Administrative Offenses (hereinafter the KoAP RF) entered into force that introduce significant changes into the provisions that define the liability for violating legislation in the area of personal data (hereinafter PD). Not only do these amendments considerably raise the fines for PD operators (for legal entities up to 75,000 rubles), but they substitute one vaguely worded set of elements in the provisions for administrative liability concerning PD with seven new sets of elements. The power to file administrative charges has been transferred from the Prosecutor's Office to the Federal Service for Oversight of Communications, Information Technologies, and Mass Communications (Roskomnadzor). What was there before? Before July 1st, 2017, Article 13.11 in the KoAP RF provided for only one set of elements in the provisions for administrative liability.
What is there now? Starting July 1st, 2017 Article 13.11 KoAP RF was completely replaced by seven new sets of elements in the provisions for administrative liability. The thresholds for the maximum and minimum fines for legal entities have been raised.
This means that a PD operator should pay special attention to legislation in the area of PD, including developing and adopting a PD policy (or checking to see whether the existing PD policy complies with legislation), designating a person responsible for processing PD, developing a consent form for the subject of PD to have his/her PD processed, fixing that form through a local bylaw (or checking a bylaw that has already been adopted for compliance), obtaining this form in all cases called for under current legislation, and also complying with other legislative requirements in the area of PD. Implementing a comprehensive set of steps will help prepare for any audits done by Roskomnadzor and avoid administrative penalties. [1] Introduced into Russian Federation Federal Law No. 13-FZ, dated February 7th, 2017, entitled "On introducing amendments into the Russian Federation Code of Administrative Offenses." [2] For the sake of convenience in presenting this information, and so the reader can perceive it better, the table only briefly lays out the essence of the set of elements in the provisions for administrative liability. |
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VEGAS LEX_Персональные данные как выросли штрафы в 2017 году
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