Question of the Day: why doesn't the government comply with the Personal Data Protection Law?

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Question of the Day: why doesn't the government comply with the Personal Data Protection Law?
Question of the Day: why doesn't the government comply with the Personal Data Protection Law?
14 November, 14:32Photo: Соцсети
The order of the Government of the Russian Federation on the publication of personal data of foreign agents is in direct conflict with the Federal Law "On Personal Data"ю

Sergei Baimukhametov

As you know, the official Internet portal of legal information published the Order of the Prime Minister of the Russian Federation Mikhail Mishustin on the publication of personal data of "foreign agents". It says in particular:

“In accordance with Part 4 of Article 5 of the Federal Law “On Control over the Activities of Persons Under Foreign Influence”, establish the amount of information contained in the register of foreign agents to be posted on the official website of the Ministry of Justice of Russia in the information and telecommunication network “Internet”.

The federal law cited by the government states:

“The information contained in the register is posted in the manner determined by the authorized body on the official website of the authorized body in the Internet information and telecommunication network in the amount established by the Government of the Russian Federation”.

The authorized body is the Ministry of Justice. And the “volume” is established by this Government Decree in this form, in particular:

“In relation to individuals, the website will publish the following information contained in the register of foreign agents:

Full name (if any);

Date of Birth;

taxpayer identification number (TIN; if any);

insurance number of an individual personal account (SNILS; if available);

grounds for inclusion in the register, indicating specific norms of the Federal Law;

date of adoption by the Ministry of Justice of the decision on inclusion in the register;

date of adoption by the Ministry of Justice of the decision on exclusion from it.

The order comes into force on December 1, 2022”.

Involuntarily, it was expected that “for completeness of information” the place of residence would be indicated, with the number of the house and apartment. So that the “activists” could express their attitude towards the “foreign agent” directly to his face or to the faces of his family members.

Yet there are no addresses.

Nevertheless, it should be noted that the Decree of the Government and the subsequent, from December 1, actions of the Ministry of Justice (the guardian of laws!) are in direct conflict with the Federal Law “On Personal Data”.

Article 2 of the law proclaims:

"The purpose of this Federal Law is to ensure the protection of the rights and freedoms of a person and citizen in the processing of his personal data, including the protection of the rights to privacy, personal and family secrets."

And Article 7 clarifies:

“Operators and other persons who have gained access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law”.

Everything is clear and understandable, the protection of human and civil rights.

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