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FEDERAL SERVICE FOR SUPERVISION IN THE SPHERE OF TELECOM,
INFORMATION TECHNOLOGIES AND MASS COMMUNICATIONS
(ROSKOMNADZOR)
Practice of the Authority for rights protection
of the personal data subjects in the Russian Federation
© ROSKOMNADZOR, 2013
RF Federal Assembly
The President of the Russian
Federation
Function of Russian PDA
public control (supervision) of
conformity of personal data
processing to the requirements of
the legislation of the Russian
Federation in the field of personal
data
Function of Russian PDA
ROSKOMNADZOR
keeping a register of operators
processing personal data
judicial claims activities
international co-operation with
the authorities to protect the
rights of personal data subjects in
foreign countries
processing
applications
of
personal data subject, making
decisions by the results of this
processing within their powers
Protections citizens rights and
legitimate interests
sending annual Reports on the
activities of the authority to the
President of the Russian
Federation, to the Government of
the Russian Federation and
Federal Assembly of the Russian
Federation
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preparation of proposals for
improving the legal and
regulatory framework for the
protection of rights of personal
data subjects
Government of the RF
Organization Chart of the Russian DPA for rights
protection of personal data subjects
Head of ROSKOMNADZOR
Deputy Head of ROSKOMNADZOR
Administration of rights protection of the personal data subjects
Department of maintenance of
the operators registry
responsible for the personal
data processing
Department of law and
methodical support
Department of the
personal data processing
correspondence
control
70 local bodies of ROSKOMNADZOR
Total number of employees – 284
Independently realizes the rights
and duties
Possesses necessary labor,
organizational, technical and
financial resources
Have its own independent budget
2011-2578236.4 th.RUR (≈62ml.€)
2012-10491353.6 th.RUR(≈250ml.€)
2013-11038400.2 th.RUR(≈263ml.€)
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This status corresponds to the principle of independence of the authorized body, put in
the text of the Additional protocol ETS № 181 to the Convention of the Council of
Europe ETS № 108
Fundamental legislative and regulatory acts
Council of European Convention for the protection of individuals with regard to automatic processing of personal data
of 28 January 1981 ETS No 108 and its Additional Protocol ETSNo 181
Directive 95/46/ЕС of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free movement of such data
Directive 97/66/ЕС of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal
data and protection of privacy in the telecommunication sector
Federal Law of 27 July 2006 No 152-FZ «On Personal Data»
The federal law “On personal data” was amended in July 2011 with a view of clarifying the scope of the federal law, terms
and definitions, used in the law, principles and conditions of personal data processing. Previous legislative rules, related to the
conditions of state control, security of personal data processing, rights and duties of the personal data operator, as well as
interrelations between operator and subject of personal data were considerably amended.
RF Government Resolution of November 1st, 2012 No 1119 «On approval of the requirements for the protection of personal
data during their processing in the personal data information systems»
RF Government Resolution of September 15, 2008 No 687 «On approval of Regulations for Processing Personal Data without
using automation»
RF Government Resolution of July 6 ,2008 No 512 «On approval of requirements to the biometric personal data physical
storage media and such data (outside informational systems) storage technologies»
RF Government of the Russian Federation of March 21, 2012 of No 211 «On the approval of the list of the measures for
ensuring implementation of the Federal law «On personal data» implementation and related municipal regulatory legal actss»
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Order of the Ministry of Communication and Mass Media of the Russian Federation of November 14, 2011 No 312 “On
approval of the Administrative provision of control procedure by the Federal Service for supervision in the sphere of
communications, information technologies and mass communications while federal state control of the correspondence of
personal data processing with the Russian Federation legislation requirements in the sphere of personal data” (obtained state
registration 13 December 2012, No 22595)
Order of the Ministry of Communication and Mass Media of the Russian Federation of December 21, 2011 No 346 “On
approval of the Administrative provision by the Federal Service for supervision in the sphere of communications, information
technologies and mass communication for the state function execution “Maintenance of the operator registry responsible for the
personal data processing” (obtained state registration as of 29 March 2012 No 23650)
Comparative analysis of Russian legislation and European
trends in sphere of personal data
The analysis of latest European trends in sphere of personal data shows that this trends are, in the
majority, provided by new edition of the Federal Law «On personal data» and normative legal acts
adopted in accordance with this Federal Law.
It confirming that in Russia the system of the national legislation in sphere of personal data almost
completely corresponds to the all-European requirements and approaches is created and won't
demand soon essential changes
Approaches to the state control
(supervision) in the field of personal data
Planning of priority categories of operators
Unification of approaches to control and
supervising activity
Implementation of remote control
Realization of measures of preventive character
Improvement of a
condition of
protection of the
rights of subjects of
personal data
Dynamics of the appeals received by
the Russian DPA
From the moment of imposing
powers to protect the rights of
personal data subjects
Roskomnadzor has examined more
than 12 000 applications of citizens
6000
Appeals received
5000
4000
3000
31%
2000
3720
1000
8317
0
69%
not proved to be true
proved to be true
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Main results of activity
(state control and supervision)
5831 personal data inspections were carried
out from the moment of empowering
Roskomnadzor to protect personal data
subject rights, 6363 instructions on elimination
of detected infringements in the field of the
personal data were issued, 14452
administrative offense reports were drawn up
by courts based on the materials presented by
Roskomnadzor, Check
penalties amounting more
than 23 million RUR were imposed
6000
5359
4901
5000
4000
3000
2250
2000
2231
36%
1537
1370
1000
2094
1147
322
0
3737
2011
Inspections
2012
Regulations issues
254
3/31/2013
AO protocols
64%
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scheduled inspections
unscheduled inspections
International efforts to curb Improper
dissemination of personal data
During two years the
Russian DPA was submitted
109 inquiries to support the
termination
of
the
delegation or deletion of the
personal data for 118
internet-resources to 15
foreign countries
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Support is given in 62
cases, among them, activity
of 34 internet-resources was
ceased and in 28 cases the
information contained the
personal data was removed
(more than 50% from total
number
of
internetresources)
Followed the criteria when
preparing the order
Availability of national legislation
and (or) corresponded to provisions
of Council of Europe Convention for
the Protection of Individuals with
regard to Automatic Processing of
Personal Data adopted branch-wise
regulations (standards) in the sphere
of processing and personal data
protection
List of the countries
which personal
information providing
adequate protection
Availability of sanctions and legal
remedies provided
Availability of the DPA
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Rendering of assistance in
suppression of illegal activity on
processing of personal data in the
subordinated territory and (or) in
recovery of violated rights and
legitimate interests of citizens of the
Russian Federation on the basis of
appeal of the Russian DPA
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Participation of Russian DPA in the
international activity
European Union
OECD
Russian DPA agreed the Draft Agreement
on the drug precursors between the
Russian Federation and EU
Realization of common actions on
transition to the visa-free regime for shortterm journeys of the Russian and EU
citizens
The implementation of the events plan in the
frameworks of preparation to the Russian
Federation' joining to the Organization for
economic cooperation and development
(OECD)
Roskomnadzor
Eurojust
The negotiations on the Draft Agreement
between Russia and Eurojust
Europol
The negotiations on the Draft Agreement
between Russia and Europol
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International Conference «Protection of
personal data» (Moscow, Russia)
2010-2012 years participants: Albania, Armenia, Azerbaijan,
Belarus, Bosnia and Herzegovina, Bulgaria, Chile, Croatia,
Czech Republic, Estonia, Germany, Hungary, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Macedonia, Moldova,
Montenegro, Ukraine, Poland , Romania
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