His interpretation of the concept of personal data assistant to the president Igor Shchegolev made at the board meeting on Monday Roskomnadzora. The current concept is enshrined adopted in 2006 by the law “On Personal Data” (FL-152). According to it, such data is considered to be “any information relating directly or indirectly to an identified or identifiable natural person (the subject of personal data)».
Shchegolev said that at the time of adoption of the law is the definition was true, but now it must be increased. He proposes to extend this concept to information about user activity on the Internet. As an example, Shchegolev led Searches geolocation data and information on the sites visited by users. These data are not directly identify the person, but is characterized by its habits, behavior and outlook, and thus can be considered personal, Shchegolev explained.
The entire array of such data presidential aide called “oil of the modern economy” – that with their help Internet companies reach monetization. But self-regulation in question, which personal information can be collected, how to protect and what to do with the market, according to Shchegolev, careless about not able to.
The dispute over the terms
The concept of personal data is set out in the current 2006 FZ-152. But in July 2014 a law was passed which obliges store personal data of Russians in Russia. According to him responsible for “control and supervision of the processing of personal data”, in particular bring violators in a special register will Roscomnadzor. The data should “move” in Russia since September 1 2015. But the business community still does not understand how to work under the new law – which data are personal and must be protected, whether it is possible to have copies of bases abroad, etc. According to RBC, Roscomnadzor promised a dozen “outreach” meetings with representatives of different sectors.
Human Rights
Shchegolev believes that its proposal to extend the interpretation of the concept of personal data is designed to protect users. Now these operators protect against the spread of information, such as surname, name and patronymic of the person or his passport details, said the presidential aide. But in parallel they collect a lot of other information about a person, for example, to sell him publicity.
«We want to ensure that human rights are protected and the user gave consent to the collection of any data, taking the user agreement “- explained his task Shchegolev. Such agreements are, in his opinion, should be for each service separately: Internet company that has received consent to use personal data “in electronic box” can not use the same information for the “conjugate social network».
It is also proposed to introduce into Russian legislation “right to oblivion”: removal from the Internet of private user data upon request.
Head Roskomnadzora Alexander Zharov, was also present at the board and promised to consider proposals Schegoleva. Assistant to the President himself said RBC that particular document his ideas have not yet decorated.
Roscomnadzor yet offers relate to personal data that can identify the user, the source said RBC close to the department. This facilitates the enforcement of the law, as it now protect such information Internet site, he says.
The current definition of personal data and so allows us to treat them as widely as possible, said security consultant at Cisco Systems Alexei Lukatskii. In addition, this concept coincides with the definition set out in the European Convention for the Protection of Personal Data. “While we are in the Council of Europe, we can not change either the very notion of such data, or the practice tests methods for their treatment,” – said the expert.
Responsible for the collection
The data about user activity in the network, or the so-called log files, collect all of the major Internet sites, including Google, Facebook, Twitter, «VKontakte”, “Yandex” and others. With their help, they, for example, target a advertising .
With the help of these data the company can not reliably determine the name of the person, but can easily keep track of their interests or place of residence, said a source in Mail.Ru Group. All user data the company has stores in Russia, so that the additional costs of expanding the definition of user data for yourself does not foresee another interviewee said RBC company. Representatives of “Yandex», Rambler & amp; Co, Mail.Ru Group and foreign companies from 1 September must store personal data of Russians in Russia, RBC request yesterday did not answer.
Russian site initiative Schegoleva not cause damage, but if users will be massively abandon the metadata collection, this will affect the market-tech advertising, says a leading analyst of the Russian Association for Electronic Communications (RAEC) Karen Ghazaryan. “International big players like Criteo and DoubleClick Bid Manager [owned by Google], it may be easier to leave the market, than to obey the law in this interpretation,” – says CTO GetIntent (platform for advertising on the Internet) Vladimir Klimontovich. These companies, with the consent of sites placed on them the “counters” that may collect anonymous data about users, he explains. According to the industry publication AdIndex.ru, last year advertisers in Russia spent programmtic-advertising (posted on the Internet by using data about user activity) more than 3.2 billion rubles.
In many European countries data behavior of users in the network are included in the concept of personal notes Kazarian. But in EU legislation there is a distinction on the importance of categories of personal data, and they are protected differently. In countries where there is a special regulation in relation to such data, and are not too painful decisions to meet them, said the lawyer of law firm “Egorov, Puginsky, Afanasiev & Partners’ Paul Sadowski.
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