The State Duma, in the first reading, adopted a package of bills that toughens penalties for leaking personal data and introduces criminal liability for their “illegal” use. Information about this appeared in the database of the lower house of parliament.
Deputies propose adding new parts to the administrative article on violations in the field of personal data (13.11 Code of Administrative Offenses). According to them, fines for officials for data leaks will reach 2 million rubles, for legal entities — up to 15 million rubles. For repeated violations, companies face a fine of 0.1% to 3% of revenue for a calendar year, but not less than 15 million and not more than 500 million rubles.
It is proposed to add article 272.1 to the Criminal Code. Its first part, according to the initiative, implies up to four years of imprisonment for the illegal use, transfer, collection and storage of illegally obtained personal data.
If the information contained special categories of personal data or biometric data, liability will arise under the second part of the article, the maximum penalty for which is up to five years in prison or a fine of up to 700 thousand rubles. The same actions committed “out of selfish interest” or by an organized group will be punished more harshly: Part 3 of Article 272.1 of the Criminal Code provides for up to six years in prison and up to a 1 million ruble fine.
In cases “cross-border movements” illegally obtained data, the punishment will be up to eight years in prison with a fine of up to 2 million rubles. If these actions lead to serious consequences — up to ten years with a fine of up to 3 million rubles.
For the creation of resources or programs intended for the “illegal” storage and transfer of personal data, it is proposed to be punished by up to five years in a colony or a fine of up to 700 thousand rubles.
According to First Department lawyer Evgeniy Smirnov, if the amendments are adopted in the final reading, this will make it possible to prosecute journalists and investigators:
“If this bill is finally adopted, it will will affect anyone who works with computer information containing personal data obtained by unauthorized access. We are talking about various databases, which are now easy to access. This punitive «club» can also be used against investigators and journalists. If, in the course of his activities, an investigator sends information from Russia to another country, the punishment may be eight years in prison.”
The State Duma adopted amendments increasing penalties for illegal storage and processing of personal and biometric data