Stalled due to fines

rabiakhatun

At a meeting of the State Duma IT Committee on approving the candidacy of Maksut Shadayev for the post of head of the Ministry of Digital Development on May 12, deputy Alexander Khinshtein reported that there were still questions regarding the text of the bill on turnover fines for violating the procedure for processing personal data for the second reading, and they have not yet been resolved with the Ministry of Digital Development and the Big Data Association (BDA).

Due to this

Amendments for the second reading will not be submitted before the end of summer

Anton Nemkin, a member of the State Duma Committee on Information Policy, Information Technology and Communications, told RSpectr.

The authorities are planning to introduce turnover fines for those who do not protect personal data well enough, and changes to the Criminal Code of the Russian Federation for those who deliberately  content writing service teal it, said Deputy Minister of Digital Development Alexander Shoitov at the day of "Data Economy and Digital Transformation of the State", which was held at the "Russia" exhibition and forum on May 18.



– These measures will improve the level of information security due to the fact that companies operating personal data will increase investments in their cybersecurity systems, and criminal liability will help punish criminals and prevent citizens from illegally collecting and selling personal data.

One of the main objections of the ABD to this draft law is the uncertainty of the elements of the offense, which effectively introduces liability regardless of the operator's guilt, the Association's press service told RSpectr. Also among the objections, the ABD named the absence of mitigating circumstances, which could include additional measures to protect personal data (PD) taken by the operator, and unjustifiably high fines.

Press service, ABD:

– This seems especially dangerous in a situation where the elements of the offense are unclear and there are no mitigating circumstances.

At the time of publication, the Ministry of Digital Development had not responded to RSpectr’s request.

Today, not only the Russian government has given negative comments on this bill, but also the National Council for Financial Markets (NCFM), which unites the largest banks, and the Internet Trade Association (ITA), Sergei Khaustov, a member of the Russian Lawyers Association (RLA), shared with RSpectr.

In addition, he noted,

large corporations in one form or another disagree with the amount of punishment and the conditions for bringing to justice

Sergey Khautov, AYUR:

– Turnover administrative fines are perceived by market participants as discrimination compared to the public sector, where violations in the processing of personal data are also possible, and there is no “turnover” due to its status.

Bringing personal data operators to account may result in bankruptcies, and finding the guilty will increase the "parafiscal" burden on businesses, the lawyer explained. According to him, to put it simply, fines are imposed to replenish the budget, and not to create a system for protecting citizens' data.