Amendments to the Russian Federal Law On Personal Data Takes Effect

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The Russian Federal Law No. 152-FZ of 27 July 2006 on Personal Data (“the Personal Data Law”) has an objective to ensure the protection of the personal data of individuals and applies to organizations collecting, using or sharing such data.

The Federal Law No 519-FZ of 30 December 2020 on Amendments to the Federal Law On Personal Data, amending the Personal Data Law, came into effect (with the exception of a section which is to enter into force on July 1, 2021), in the month on March 2021

The Amendments dramatically change the legal landscape for entities wishing to publish personal data on the Internet and offline, for example, employer vis-à-vis employees. Essentially, the changes give more control to data subjects over the processing of their personal data for dissemination. The introduction of a specific definition concerning the personal data that have a permission of data subject (“Personal data authorized for release”) will see the following become part of the applicable data laws in Russia.

Personal data whose dissemination is authorized, access to which is granted to the general public authorized by the data subject by giving their consent to the processing of personal data.

Essentially, this means that any interested data operator will only be capable of depending on the consent of a data subject when placing personal data in publicly available sources and any subsequent use thereof after publication. The objective, as defined in the explanatory notes to the Amendments, is to prevent the uncontrolled collection and use of such personal data on websites for purposes other than the original purpose for which they were disseminated.

The Amendments further lays down that the form and the content of the consent are to be established by the authorized agency responsible for the protection of the rights of personal data subjects.

The amendments further provide that the form and content of the consent must be established by the authorized agency responsible for protecting the rights of data subjects.

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