Maxim Ali has provided his comments on possible changes to the Law on Communications

The Russian Ministry of Economic Development has published draft amendments to the Law on Communications, which will exclude technical data from the concept of “communications secrecy”. Technical data includes: the date and time of communications, the duration of telephone calls, numbers and their unique identification codes. In addition, it is proposed that the list of entities that can receive information will include legal entities and individual entrepreneurs that provide communication services – the providing of information to third parties, including public authorities, will be only on the basis of a court decision, with exceptions provided for by they law.

According to Maxim Ali, Head of the IP/IT Practice at Maxima Legal, the initiative of the Ministry of Economic Development will be a boon for large businesses interested in big data projects, but could negatively affect individuals and the protection of their data since it removes the protected status of certain communication. “For example, to whom, when, and for how long did one or another person call. I think that an individual has the right to control the availability of information about who he communicates with. Moreover, this may be related, for example, to his or her private life”, Maxim explained to Advokatskya Gazeta.

“A number of questions arise. For example, will the data processed by the operator be classified as personal? If not, what regulations will protect it? What consequences will there be for an operator who breaches the rights of personal data subjects?” Maxim Ali could not exclude the possibility that the proposed changes will be the subject to review by the Constitutional Court, since the secrecy of communications is protected by the Constitution.

To read the article in full (in Russian), please see the Advokatskaya Gazeta website >>>