Maxim Ali has commented on the draft amendments to implement the new law on “regulatory sandboxes”.
On July, 17th the Ministry of Economic Development of Russia has published the bill on modification of separate acts in connection with acceptance of the Law on experimental legal modes in sphere of digital innovations in the Russian Federation. The bill contains a number of exceptions, preventing the introduction of innovations (artificial intelligence technologies, big data) based on proposals of entrepreneurs. Amendments concern a protection of the information and secret of communication, processing of personal data, including biometric, and also the information concerning medical secret and other questions.
Maxim Ali, Senior associate and Head of IP/IT practice at Maxima Legal, told the Advokatskaya Gazeta that the bill contains quite serious exceptions, including in terms of protecting the “privacy” of citizens. “Despite the fact that the Law on Experimental Legal Regimes declares as the first principle the inadmissibility of restricting the constitutional rights of citizens, we see such restrictions already in Article 1 of the bill under consideration: under the experimental regime may be restricted even the secret of communication guaranteed by the Constitution,” – said the expert.
The similar situation is observed with personal data, the protection of which is closely related to the inviolability of private life, personal and family secrets, he added. “The experimental legal regime may seriously affect the rights of personal data subjects. For example, an experimental regime may ‘disable’ the possibility of withdrawing consent to the processing of personal data. There are also a number of other nuances, for example, possibility to change the requirements to the form of the consent to processing of personal data. It is obvious that it is a question of reduction of the list of such requirements. It may be concluded, that users should be warned in advance on all consequences of participation in the project within the limits of an experimental legal mode”, – Maxim Ali has explained.
To read the full article (in Russian), please see the Advokatskaya Gazeta website >>>