Member Article

Roskomnadzor (Russian Data Protection Authority) plans to make it easier for personal data subjects to revoke consent to the processing of personal data

Roskomnadzor proposes making it possible to ****revoke consent**** to the processing of personal data “in one click”. Technically, the mechanism can be implemented as part of the ****consent management system that the Ministry of Digital Development, Communications and Mass Media**** created on the basis of the ****Gosuslugi**** service, but it will require revisions to standards. The relevant draft law may be considered as early as September.

Business fears that implementing the plan will lead to ****increased costs for the restructuring of information systems****.

Criminal liability for violating the secrecy of correspondence and destroying corporate information

The Oktyabrsky District Court of Ufa handed down a ****verdict**** in a criminal case against a ****former employee of the company****. He was found guilty of committing crimes under Part 1 of Article 138 of the Russian Criminal Code (****violation of the secrecy of correspondence****) and Part 2 of Article 272 of the Russian Criminal Code (****unlawful access to legally protected computer information committed out of self-interest****).

The court found that in November 2023, a man who previously worked as a ****system administrator**** remotely ****copied the email correspondence****, ****contacts****, and ****personal data**** of the general director and ****corporate information**** containing ****trade secrets**** and ****destroyed**** them.

The defendant pleaded guilty to the crimes. The court sentenced him to a ****fine of 120,000 RUB**** (approximately 1,364 USD or 1,268 EUR).

The verdict does not contain information about the company filing a ****civil claim**** in criminal proceedings to ****compensate for damages**** caused as a result of the destruction of corporate information.

Question

Can the data controller be subjected to ****administrative liability**** during the ****moratorium on inspections****?

Position of the 8th Court of the General Jurisdiction (Case No. 2a-2919/2022)

If a violation is ****revealed**** during the consideration of materials received, including from a citizen, Roskomnadzor may ****conduct an inspection**** and ****initiate an administrative offence case**** or ****refuse**** to initiate it.

 

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