In 2018, the EU 2016 General Data Protection Regulation (GDPR) took effect and influenced the development of the data protection sphere around the globe. As one of the most comprehensive data protection legislations implemented in the world, the GDPR is a good point of comparison.Īfter the introduction (Sect. 6.1), the chapter provides an overview of the legal framework of data protection in Russia (Sect. This lays the foundation for the next sections, which explain three important changes in Russian data protection legislation. These changes provided governmental agencies in Russia with more control over transferring information: introduction of a data localization requirement (Sect.
6.4), and regulations aimed at creating a sovereign internet (Sect. The chapter ends with a section analyzing the influence of a political case on the understanding of personal data by the Federal Service for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor) and showing the vague nature of legislative definitions that gives public authorities vast freedoms in the application of regulations (Sect. Many Russian data protection legislative initiatives fall outside of world trends. Yet, some initiatives align Russian legislation with global trends, with the caveat that changes can be implemented when the government needs them to win a political case. This chapter shows the growing role and authority of Roskomnadzor, which will soon receive the potential to control the entirety of internet traffic in Russia and the ability to isolate the Russian internet. Some requirements of Russian data protection legislation are unprecedented in the world and are very costly for companies. Overall, the Russian legislator and various enforcement agencies act not with the aim of protecting individual rights in the sphere of personal data protection but with the aim of providing Russian authorities with more power to monitor and control the flow of data in Russia. This can be a legitimate aim given the fast development of personal data threats, but such an aim should be stated clearly and openly.Īrticles 23 and 24 of the Russian Constitution (1993) already show that the main subjects to which data protection legislation is directed are data subjects and data operators. These same ideas were reflected in the legislation.Īrticle 23 provides that “Everyone is entitled to privacy of personal life, personal and family secrets, protection of one’s honor and good name.” Privacy is the right to control information about oneself. The right to privacy is a universal human right and is recognized as such by the Universal Declaration of Human Rights and the European Convention of Human Rights.
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