A law has been adopted to strengthen sanctions for violations of information legislation

Penalties are increased for certain administrative offenses, and liability is introduced for violating the requirements for localization of personal data bases.

On November 21, 2019, the State Duma adopted in the third reading amendments to the Code of Administrative Offenses (CAO), increasing fines for violations in the field of information legislation, as well as introducing new sanctions.

The bill was submitted to the Duma in June 2019 and adopted in the first reading in September. The second reading took place on 19 November.

Amendments are made to Art. 13.11 of the Code of Administrative Offenses, new parts 8 and 9 on the punishment of personal data collection operators for violating the requirements of the law on data storage in Russia. Citizens for such a violation will be punished with a fine of 30 to 50 thousand rubles, officials - from 100 to 200 thousand, legal entities - from 1 to 6 million. Fines for repeated violations will amount to 50-100 thousand rubles for citizens, 500-800 thousand for officials, 6-18 million for legal entities. It should be noted that the amounts of fines provided for by these norms were slightly reduced by the second reading compared to those proposed by the authors of the bill initially.

The remaining amendments concern the establishment of liability for repeated violations of information legislation.

• Art. 13.31 of the Code of Administrative Offenses (failure to fulfill obligations by the organizer of the dissemination of information) is proposed to be supplemented with three parts:

  • for repeated violation of the requirements related to the notification of Roskomnadzor about the start of activities as an organizer of the dissemination of information (ORI), it is proposed to fine individuals in the amount of 5 to 10 thousand rubles; officials - from 50 to 100 thousand rubles; legal entities - from 500 thousand to 1 million rubles;
  • fines for repeated refusal to store and transfer correspondence metadata to law enforcement agencies: for individuals - from 15 to 30 thousand rubles; for officials - from 100 to 500 thousand rubles; for legal entities - from 2 to 6 million rubles;
  • for repeated refusal to install software and equipment necessary for operational-search activities: for individuals - from 15 to 30 thousand rubles; for officials - from 100 to 500 thousand rubles; for legal entities - from 2 to 6 million rubles.
  • Art. 13.35 of the Code of Administrative Offenses (distribution by the owner of an audiovisual service of unregistered mass media):

for repeated violation of this ban, it is proposed to introduce the following fines: for individuals - from 10 to 20 thousand rubles; for officials - from 100 to 200 thousand rubles; for legal entities - from 700 thousand to 1 million rubles. * Art. 13.36 of the Code of Administrative Offenses (violation by the owner of an audiovisual service of the established procedure for the dissemination of information among children that is harmful to their health and (or) development):

fines for repeated violation: for individuals - from 5 to 10 thousand rubles; for officials - from 50 to 100 thousand rubles; for legal entities - from 500 thousand to 1 million rubles. * Art. 13.37 of the Code of Administrative Offenses (dissemination by the owner of an audiovisual service of information calling for terrorism and extremism or justifying them):

penalties for repeated violation: for individuals - from 150 to 300 thousand rubles; for officials - from 600 to 800 thousand rubles; for legal entities - from 1.5 to 5 million rubles. * Art. 13.39 of the Code of Administrative Offenses (failure to fulfill obligations by the organizer of the instant messaging service):

fines in case of repeated violation of the rules related to user privacy and restriction of their capabilities at the request of government agencies: for individuals - from 5 to 10 thousand rubles; for officials - from 40 to 70 thousand rubles; for legal entities - from 1 to 2 million rubles. * Art. 13.40 of the Code of Administrative Offenses (failure to fulfill obligations by the search engine operator):

fines in case of repeated violation of the requirements related to the prohibition of issuing links to sites from the register of prohibited resources, as well as blocked pirated content: for individuals - from 30 to 100 thousand rubles; for officials - from 100 to 500 thousand rubles; for legal entities - from 1.5 to 5 million rubles.

According to the text of the adopted law, cases of repeated violations under the listed articles will be considered by the courts, and not by the inspector of Roskomnadzor.

Sources

• Draft Law No. 729516-7 "On Amendments to Certain Legislative Acts of the Russian Federation (On Establishing Administrative Responsibility for the Operator's Failure, When Collecting Personal Data of Citizens of the Russian Federation, to Ensure Their Storage Using Databases Located on the Territory of the Russian Federation)" // CREATION GAS "Lawmaking". November 21, 2019