Declassified subscribers

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The State Duma adopted in third reading a bill allowing bailiffs to receive personal data of citizens, including mobile phone subscribers Valery Kodachigov Timofei Dzyadko Vedomosti 07/01/2010, 119 (2637) The Duma approved amendments to the laws "On Bailiffs" and "On Enforcement Proceedings" . These amendments (published on the website of the Duma) allow bailiffs to receive personal data of individuals - debtors. If the debtor is a subscriber of a mobile operator, then the bailiff has the right to verify his name, surname, patronymic, find out the phone number and address at which the person is registered, says one of the developers of the bill, chairman of the Duma committee on constitutional law and state building Vladimir Pligin. We are not talking about providing bailiffs with information about a subscriber’s negotiations, he emphasizes. Debt can not be written off from the subscriber account, Pligin believes, although if there are large amounts on the account (from 5,000 rubles), the issue can be discussed additionally, especially if it is related to maintenance. Bailiffs regularly demand from subscribers personal data of subscribers. From June 2009 to May 2010, VimpelCom received more than 180,000 requests from the Federal Bailiff Service (FSSP), its representatives said; Since the beginning of 2009, Megafon has received approximately the same number of calls, and MTS speaks of “several hundred thousand” requests from bailiffs. Operators refused the FSSP, referring to the law "On Personal Data". According to the law “On Enforcement Proceedings”, the FSSP employees are entitled to receive personal data, but the procedure is not clearly defined, Pligin notes. The amendments will change the situation, he is sure. Representatives of the FSSP and Roskomnadzor (the body that monitors the implementation of the law "On Personal Data") declined to comment yesterday. The Ministry of Communications, according to a source in the ministry, had two comments on the amendments, but not fundamental. The amendments eliminate a legislative gap, because of which it was not clear whether the FSSP could require personal data from telecom operators from subscribers, said MTS spokeswoman Irina Osadchaya. But it would be good if, in order to exclude different interpretations of the new norm, the FSSP would adopt a document explaining the procedure and procedure for recovering such data, she said. To prepare for the implementation of new legislation, the operator may need about six months, Osadchaya adds. But Megafon is still not sure that it will be able to provide bailiffs with subscriber data, said the operator’s representative. The bill approved by the Duma changes only the laws “On Bailiffs” and “On Enforcement Proceedings”; the main document regulating the protection of information about subscribers remains the law “On Personal Data”, which is not amended, he explains. These amendments are still not fully consistent with the laws “On personal data” and “On communication”, which establish the confidentiality of information about subscribers, an employee of the VimpelCom press service agreed. The editorial board adopted by the Duma, giving the bailiffs the right to receive personal data to the extent necessary for the purposes of enforcement proceedings, does not fix the procedure for providing this data to the bailiffs and does not specify the list of such data, he adds.

 

[Матушкин Андрей Николаевич]

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