Storage Of Personal Data On Raf Territory
New requirements for the localization of storage and individual personal data processing in the FM have entered into force. The relevant amendments were made to the Federal Act No. 152-FZ of Personal Data (hereinafter Law No. 152-FZ) and the changes apply to personal data collected or processed after 01 September 2015 (if data were collected before 01 September 2015 and no longer processed, such " archival " databases are not subject to the requirement).
[1]. Amendments were made by Federal Act No. 242-FZ on amending certain legislation of the Russian Federation to clarify the processing of personal data in information and telecommunications networks.
Hotels, Internet stores, personnel agencies, tour operators and travel agents, as well as many other organizations, collect and process personal data.
However, the individual terms and language used in the law do not have clear legislative details and allow different interpretations. In addition, the new concept of localization of personal data raises a number of questions regarding the relationship between this provision and other provisions of Act No. 152-FZ.
Many companies therefore do not understand what changes they need to make to their IT infrastructure and (or) business processes to enforce the law, especially if such infrastructure is transboundary (international).
The localization requirement should be fulfilled:
- Russian companies;
- Foreign companies with official representations/filials in the Russian Federation;
- Foreign companies that do not have an official presence in the FM, but which operate on the Internet, which is sent to the FM (which, for example, may indicate the use of domain names.ru.rf; the existence of a Russian-language version of the site; the possibility to make calculations in the rubles; the use of advertising in Russian, etc.);
- The law does not have extraterritorial effect and does not apply to non-residents who collect personal data from Russians abroad (if they do not operate on the Internet aimed at the Russian Federation).
