Business asked to finalize the initiative on criminal liability for leaks
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The Big Data Association (BDA) (which includes, among others, Yandex, VK, Sberbank, Gazprombank, Tinkoff Bank, Rosselkhozbank, MegaFon) in a letter to State Duma deputies asked to clarify the wording in the bill on criminal liability for illegal collection or storage received personal data. The letter was sent to the State Duma Committee on State Construction and Legislation on December 26, as quoted by Forbes.
A bill introducing criminal liability for the illegal collection, use and transfer of personal data, including leaks, was submitted to the State Duma on December 4 by a group of senators and deputies led by the head of the State Duma Committee on Information Policy, Communications and IT, Alexander Khinshtein.
Participants in the ABD supported the introduction of criminal liability, but emphasized that the composition introduced into the Criminal Code should be unambiguous, and responsibility should be borne by hackers and those who sell databases. In the current version of the bill, the composition is “formal,” the letter notes, and punishment is provided for the collection and storage of data, regardless of intent.
The association proposed adding punishment “for obviously illegal collection, storage and use of personal data” to the wording. Thus, the DBA believes, it will be possible to avoid punishment for those who accidentally gained access to personal data. The business also proposed not to hold accountable employees of information security departments or expert institutions that study leaks “in order to monitor security and prevent attacks on their own information resources.”
The authors of the bill proposed to introduce liability for the transfer of data abroad for their sale to eight years in prison, and if the leak caused harm to the life and health of citizens – up to ten years. Market participants and specialized lawyers told Kommersant that such measures could affect the owners and management of IT companies.
Read more in the Kommersant article. “The Duma will clean up the Internet in the first reading”.
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