The law against sensations comes into force

[Детективное агентство Тула]

Today the law on the protection of privacy comes into force. Under the ban was the collection and storage of any information about the personal life of a citizen, his family, origin and place of residence.


Today comes into force a law that prohibits the collection, storage and dissemination of information about other people's privacy. In particular, it is not permitted to publish data on racial, ethnicity, political views, religious or philosophical beliefs, state of health, or intimate life.

Those guilty of violating the law can be brought to administrative and criminal liability. The opposition calls this document a response to heated anti-corruption investigations.

“I, as the chairman of the Union of Journalists of Moscow, have always opposed this law and those amendments that changed the essence of investigative journalism, journalism that deals with and exposes those officials who are not interested in their work, but in corruption,” says the editor-in-chief and owner of the newspaper “ Moscow Komsomolets ”Pavel Gusev. - In my opinion, today what the State Duma deputies have done probably makes a very tangible harm to the whole situation in the country related to the fight against corruption. As for journalists, of course, we will have to adapt to the relevant laws, because we will still be engaged in investigative journalism, and there are no hopeless situations. As for visits from various structures that check the media, we are waiting for it every day, because we write not only about personal data, but also about other situations related to real life in our country. ”

State Duma deputy Dmitry Gudkov, the author of famous disclosures called Golden Pretzels, offers bloggers and journalists their services to promote personal information about corrupt officials.

“Now it’s difficult for me to say what the practice will be, because now a certain opportunity is being created in the legislation for the official to deal with those people who expose, write about dachas, write about apartments, children, and so on. Now such a rule appears in the law. How it will work, I think we will see in the near future. Therefore, I recommend everyone to send such information to Dmitry Gudkov, who still has immunity, ”said Gudkov. - I think that maybe in this case the norms of the law will not work. There is also another, of course. There is a flip side to the coin. As you well understand, if an official begins to fight with a journalist or a blogger, trying to refer to the norms of the law, then information about his private life, about his dachas, undeclared apartments and so on, about his property abroad, then it will be more actively distributed in The Internet, because everything that is forbidden in our country is of much greater interest than if no one had ever fought with it. ”

The Chairman of the State Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation, Pavel Krasheninnikov, explained that it is now forbidden to publish information that is not related to state human activity.

According to the deputy, one cannot disclose the details of private and, apparently, intimate life.

In the Duma, they say that the law primarily protects show business stars from the harassment of the yellow press, which sometimes does not shun anything for the sake of sensation.

Source: [DLMURL] https://news.mail.ru/politics/14993104/?frommail=1 [/ DLMURL]

 

[Андрей Захаров]

Thank you Konstantin Mikhailovich))) We’ll see how this Law works ... The main thing is not to “hit” us ... Although, someone needs us (by and large) ... But he probably touched us ... Based on the requirements of Article 152.2 of the Civil Code ...
Section 152.2. Citizen's privacy

(introduced by the Federal Law of 02.07.2013 N 142-ФЗ)

1. Unless otherwise expressly provided by law, without the consent of a citizen, the collection, storage, distribution and use of any information about his private life, in particular information about his origin, about his place of residence or residence, about personal and family life, is not allowed.
The collection, storage, dissemination and use of information on the private life of a citizen in state, public or other public interests, as well as in cases where the information on the private life of a citizen previously became publicly available or was disclosed by itself, are not a violation of the rules established by the first paragraph of this paragraph by a citizen or by his will.
2. The parties to the obligation do not have the right to disclose information about the private life of a citizen who is a party or a third party to this obligation that became known to him upon the occurrence and (or) performance of the obligation, unless the agreement provides for the possibility of such disclosure of information about the parties.
Based on this, the collection of information about the place of residence or location (not to mention the other) is prohibited ... How then to work ... Question ... There is probably only one way out (naturally legal) is the use of information that located in open sources and published with the consent of a citizen ...

 

[Роберт]

It is necessary in the contracts to provide for a clause on liability under the new laws, otherwise they will be eaten up by the courts. Or treaties to be deposited with either a detective or a notary, and acts of work done too. Or something else.
And among customers there are lovers of compliments in front of the opposite side. All this is just extra hemorrhoids.

 

[Плотников Юрий Михайлович]

It is necessary to somehow adapt to this situation, here the option is the more paper the cleaner, one place does not roll! : lol:

 

[Гудимов Анатолий Геннадиевич]

From October 1, the collection of information on the private, family life of a citizen, his origin or place of stay is prohibited if this information does not have public significance. What exactly is meant by this term is not explained in the law. Judicial practice should elaborate the criterion - it is the court that is entrusted with determining the social or state significance of the information.

But the law removes all kinds of restrictions on the dissemination of information disclosed by the will of the citizen. Since it is now forbidden to use information about privacy that violates the interests of a citizen, even when creating works of science and art, the main source of information now becomes interviews and official documents.

1

The use of such a shaky concept as public interest in the expert community raises concerns that the new law will be used as a way to combat the civil exposure of officials' abuses and even journalistic investigations as genres.

Indeed, the wording of the law leaves the judges with the opportunity for a biased (for example, in the interests of officials) interpretation of concepts: public interest and personal data. Nevertheless, the provision by law of the court of law to determine the importance of private information is clearly evolutionary in nature. This decision brings Russian judicial practice closer to international standards.

A well-known example of the effect of this norm is, for example, the determination by the court of the need to make public the perverse details of the personal life of citizens working with children. Thus, such practice abroad allows us not to overload the laws with excessive detail and not to include points that are risky from a human rights point of view.

However, Russian journalists and activists complain that the law will complicate their lives by the need to guess how important the judge will find the information they get. In fact, foreign practice shows that the new law only provides them with a new platform for focusing the attention of the public on the most important details of the story, as well as detailing it, without restricting the scope of the news, column, blog post.

2

Fears about removing officials from the public control field are not true. An employee of state bodies is required by law to fill out a declaration of income, as well as a number of other documents containing important information about his private life. These papers are subject to the clause on the dissemination of information on their own initiative. Therefore, its publication by the media or bloggers cannot be considered a violation of the law.

Similarly, the dissemination of personal information about family members of officials (in particular, the property of their children) cannot be condemned if these data are obtained from publicly available sources. Since such sources include questionnaires filled out at hiring, profiles on university sites, declarations, and other documents common to all Russian citizens, it is unlikely that there will be a problem finding or “laundering” important information regarding the personal lives of civil servants.

Another issue is that the law now sets a one-year limitation period on claims for the protection of business reputation. This gives offended journalists and officials and other citizens a chance to avenge the publication of personal information by searching the media archive for cases of unnecessarily deep immersion in the details of the biography of the hero of the article or report. So, personal life events may soon become an additional source of income.

Who, in fact, is threatened with the search for a new profession, is the journalists of the "yellow press". Almost all the genres they use today, except for interviews, are subject to the limitations of the new law.

3

Much more important is the method of solving the long-standing legislative problem: how to unambiguously determine what is “honor and dignity”. Until now, only the dissemination of defamatory personal information has been prosecuted. Moreover, the abstractness of these concepts allowed arbitrary application of the law.

Legislators solved the philological problem in a political way. Article 152 of the Civil Code of the Russian Federation “Protection of Honor, Dignity and Goodwill” is supplemented by one paragraph. In order not to argue about the border between the insult and the hard truth, a decision was made from this day to punish the dissemination of any false information, even if it can in no way discredit anyone.

“This is the principle of prohibiting neutral and good lies. For example, when disseminating information about a citizen’s non-existent victory in the competition or receiving an inheritance, ”said State Duma deputy Pavel Krashennikov.

By making this decision, Russia enters into a theoretical discussion with Western principles of law enforcement. Of the three dozen countries studied by the International Association of Confidentiality Professionals (IAPP), only in Australia and Singapore, the definitions of personal data directly state that the law protects both correct and incorrect data. Legislation of other countries included in the study ignores this issue. The Russian ban on the disclosure of personal information of any kind can also be interpreted as an attempt to balance responsibility for the use of correct and even knowingly distorted data.

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As a sanction, the new law provides not only compensation for non-pecuniary damage, but also the complete removal of information. Special attention of experts and commentators was caused by the clarification on the destruction of circulations and material copies of carriers of illegal information. Media workers had concerns that this part of the law would allow the authorities or business to deal with the objectionable press, destroying its entire circulation on the basis of court decisions because of one dubious note or even detail in the article.

In the presence of such a controversial moment in the law, social networks on the Internet acquire special political significance. Regarding the dissemination of information in them, the law, by contrast, is surprisingly loyal. Clause 5 of Article 152 of the Civil Code of the Russian Federation does not require a court decision to remove duplicate information from the Web. Thus, reposts and retweets so far are outside the scope of the new law.

The lured citizen, of course, remains in his right “to demand ... suppression or prohibition of further dissemination of the specified information”, but the law does not explain how to perform this procedure in relation to the Internet space.

Probably, the reason for the gap in the law is the successful functioning in RuNet of the closely related law on the protection of personal data. According to the Ministry of Communications, in 2012, domain name registrars, as advised by Roskomnadzor, completely stopped the operation of 75 Internet sites registered in Russia and 22 abroad for the illegal distribution of personal data of citizens.

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Meanwhile, abroad, social networks are gradually turning into a protected area: the personal information posted in them acquires a special legal status, which can be called “only for internal use”. An illustration of this legislative trend is the draft new regulation adopted in Germany on August 25 prohibiting employers from collecting private information about wage earners or about candidates for vacant positions. This is especially true for personal data found on social networks.

A similar law was signed a month later by California Governor Jerry Brown. Since 2015, the innovation obliges websites, applications and online services available to teenagers to provide the user with complete control over personal information, up to its complete deletion.

So, Russian lawmakers have chosen a perpendicular way to develop relations with social networks, in comparison with their Western counterparts. But our experience, apparently, aroused increased interest in Ukraine. A week before the entry into force of the Russian law on the protection of private data, four MPs of the Batkivshchyna factions and the Party of Regions proposed that the Verkhovna Rada of Ukraine restrict citizens' access to public data on individuals.

The authors of the bill propose that any information about private individuals be kept confidential and allowed to be made public only with the permission of citizens.

“If a person does not want to indicate whether he is married or not, where he lives and how many children he has, he has the right to do so. People should be asked before disclosing their personal data. A person must decide for himself what information he provides about himself, ”Oleg Paraskiv, one of the authors of the bill, explains.

However, almost all experts and deputies interviewed by journalists from various media outlets are sure that such a bill restricting access to public information does not have a chance to go through a profile parliamentary committee on freedom of speech and information, and is unlikely to get into the session hall.

So, the Russian experience with the protection of private information does not yet have a single analogue in content abroad. It is possible that he will become an example to someone.

Arkady Smolin, RAPSI correspondent

 

[Частный детектив Самара.]

This is all for official sources, more for investigative journalism, as we were outside the law, we remain.

 

[Борис Вячеславович]

Thank!

 

[Арсен]

Dear Colleagues! There are no special amendments to the law. How was the collection and dissemination of information about the privacy of citizens banned,
and stayed. In our country in recent years, many laws are simply duplicated. It seems that our government
just forgets about the laws passed. Detectives are allowed to collect installation data, but this has nothing to do with privacy.

 

[Частный детектив Самара.]

Arsen, as I understand this law, the main thing is the public dissemination of information about private life, i.e. mass media, etc.

 

[Арсен]

Arsen, as I understand this law, the main thing is the public dissemination of information about private life, i.e. mass media, etc.

Let Vitaly then set out the specifics, otherwise I, under the guise of a correspondent, always stick my nose. And if they tear it off? It will be a shame. : D
In our country, every law is a disguised mystery.