On July 21, 2014 important changes to some of the legislative acts of the Russian Federation have been introduced in relation to specification of terms for processing personal data in information and telecommunication networks.
Changes are aimed for implementation of obligatory requirement for databases (with the use of which, some certain actions with personal data of Russian citizens shall be done) to be located on the territory of the Russian Federation.
On September 24, 2014 State Duma has passed in the second reading a proposed law to reschedule date of execution of the changes to January 1, 2015 instead of September 1, 2016.
"Our clients - foreign companies, having affiliated structures in Russia are extremely concerned with the new rules, as they tend to think that innovations will create a number of unsoluble problems", - comments Alexandra Astafieva, Attorney at Law.
"We think that there are certain difficulties with understanding of the introduced changes that will considerably complicate process of bringing internal technical and personnel procedures in compliance with requirements of the new law. However, verbal interpretation of the changes allows to draw a conclusion that operators of personal data (this definition does not extend on foreign legal entities according to explanations of Roskomnadzor) in case of collecting personal data of citizens of the Russian Federation (including via Internet) are obliged to perform recording, systematization, accumulation, archiving, specifications (updating, changing), extraction of such data with the use of databases located on the territory of the Russian Federation. Thus, following the logic of the fundamental Law on personal data protection, it is possible to say that in case of collecting personal data of citizens of the Russian Federation use, transfer (dissemination, disclosing), redacting (depersonalization), blocking, deleting and destroying of such data may be performed with the use of databases located outside the Russian Federation.
In addition connection to databases of personal data located on the territory of the Russian Federation from abroad with the use of information technologies and technical means, which are part of information system of personal data, is not prohibited” – Alexandra explains.
