Depersonalization without demand – Newspaper Kommersant No. 147 (7348) of 08/15/2022
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Representatives of the IT business asked the Ministry of Digital Development to once again finalize the amendments to the law “On Personal Data”, which regulate the circulation of anonymized information. The provision on the need to obtain the consent of a citizen for several purposes of processing his data may return to the new version of the project. This will save companies from a large amount of paperwork, lawyers say. In addition, business opposes the transfer of data to the state for the development of projects in the field of artificial intelligence (AI) by Russian developers. The Ministry admits the possibility of making changes to the regulation.
The Ministry of Digital Transformation may return to the draft amendments to the law “On Personal Data” the norm regulating the circulation of depersonalized information on obtaining a single consent from a citizen to process his data for various purposes. This is stated in the minutes of the meeting of the working group “Regulatory regulation” of the ANO “Digital Economy”, held on July 12 (Kommersant has it). At the meeting, it was decided that the Skolkovo Competence Center, with the participation of the Central Bank and business, would prepare a rationale for the need for this norm for the Ministry of Digital Development.
The original version of the bill was adopted in the first reading on February 16, 2021, according to it, a citizen can give one consent for several purposes of processing his data at once, including depersonalization, after which the business will be able to freely use them. After that, the Ministry of Digital Transformation made changes to the document three times. The third version was approved by the government. According to it, the business must transfer already depersonalized data to the state, which will use them for the development of AI and other own needs.
In July, the Ministry of Digital Development developed a new version of the amendments, according to which businesses, upon request, will transfer the personal data of their customers to the state, which will already depersonalize them and form data sets for AI training (see Kommersant dated July 12). Mintsifra proposes to provide free access to this data to Russian developers, as well as government agencies “for state and municipal administration.” In this version, the need to obtain a single consent of a citizen for different purposes of data processing has disappeared.
Following the meeting on July 12, it was proposed to return to the discussion of previously agreed wordings and, together with the Ministry of Digital Development, finalize them, the press service of ANO Tsifrovaya ekonomika said. The finalized document will be submitted for discussion at the site of ANO Tsifrovaya ekonomika before the start of the autumn session of the State Duma, the press service of the organization added. Two sources who were present at another meeting with the participation of the Ministry of Digital Development specified that its participants also discussed the possibility of abandoning the idea of gratuitous transfer of data by business to the state.
The Ministry of Digital Transformation told Kommersant that, together with the industry, they are working on “all possible options for using impersonal data sets that will ensure the protection of the interests of citizens and businesses and will contribute to the development of AI.” The Central Bank, MTS and Sberbank did not answer “Kommersant”. VK and Yandex declined to comment.
The goals of government requests for commercial data should be very specific – the basis for such requests may be events of the level of emergencies or, for example, pandemics, “in all other cases, the state cannot receive data from businesses, as this leads to market monopolization,” emphasizes the director on strategic projects of the Internet Research Institute Irina Levova.
In its first version, the draft amendments solved a long-standing problem of companies, which consisted in the fact that only one purpose of use can be indicated in one consent: such a restriction created mountains of paperwork for the personnel department, said Oleg Blinov, a teacher at Moscow Digital School. “The wording proposed by the business made it possible to enter into the agreement not one, but several goals at once,” he says. In conditions when the signing of consents has already become a ritual act, and not a meaningful choice, the expert believes, such a step seems reasonable.
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