Maxim Ali has told Cyber Media about current gaps in personal data regulation in Russia
Against the backdrop of the increasing number of cases of mass publication of personal data, further amendments to the relevant legislation are expected to be introduced in the near future. In particular, an initiative to impose turnover-based fines on operators for the “loss” of personal information of more than 10,000 users is being widely discussed, as well as the introduction of additional sanctions for the disclosure of data leaks.
Specially for Cyber Media Maxim Ali, Partner, Head of IP/IT practice at Maxima Legal, has described the current regulation of the sphere:
“The main problem with personal data legislation is its excessive casuistry, which leads to paradoxical positions in practice. For example, the same types of data are recognised as personal data by some courts and not by others. Or there are completely inexplicable approaches: for example, when a mobile number is not recognised as personal data, but a bank account number is.
The legal system must include a layer of legislation and regulations, explanations from the supervisor (by the way, such explanations in the EU, which are issued by the GDPR working group, are extremely informative and are of great value for practice) and judicial practice.
Unfortunately, in our reality, Roskomnadzor’s (the Federal Service for Supervision of Communications, Information Technology and Mass Media) explanations are still very fragmentary. As a result, many relevant issues have to be clarified by specialists at public events initiated by Roskomnadzor.
Judges rarely encounter such cases and consider them in the flow of other cases. As a result it happens so that overloaded magistrates in a break between relatively small disputes (tax recovery, debts of housing and communal services, disputes with consumers, etc.) have to consider cases on million fine for banned social networks”, said Maxim Ali.
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