Disclosure of personal data of foreign agents turned out to be legal
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But the move is nonetheless unprecedented
From December 1, personal data on foreign agents-natural persons will become available to everyone by law. And the name and surname, and TIN, and SNILS.
How so? Is it possible that human foreign agents are no longer covered by the Criminal Code of the Russian Federation in the sense of protecting their personal data from just anyone?
In addition to the last name, first name, patronymic and date of inclusion in the unified register, the Ministry of Justice will post SNILS and TIN on its website, by which it is easy to identify both the address of a person and his passport data, as well as the presence of a criminal record and tax arrears. In general, all the ins and outs. Whether a citizen wants it or not, all this information will be available to anyone.
At the same time, if earlier a person could become a foreign agent only by receiving funding from abroad, then from the same December 1, the criteria by which the Ministry of Justice recognizes him as such will be very vague and non-specific.
Potential foreign agents are all those who are “under foreign influence”. Moreover, some deputies proposed to consider even “spiritual influence” as such. What if I listen to foreign music or watch foreign films? Or read the site of some English-language media? In general, absolutely everyone can be at risk with a strong desire. But 100% exit from the register is only through physical death, which is also now prescribed by law.
Yes, before (and now) it seemed legally possible to turn back from a foreign agent into a law-abiding Russian, simply without receiving finance for a whole year from abroad. But how to get rid of the corrupting spiritual influence?
But even more important is the question, what about the personal data that we are protected by law? Moreover, according to the law, their leakage threatens both criminal and administrative penalties. According to article 137 of the Criminal Code of the Russian Federation, which provides for liability for illegal collection or dissemination of information about the private life of a person, and article 13.11 of the Code of Administrative Offenses of the Russian Federation “Violation of the legislation of the Russian Federation in the field of personal data.” Or are they canceled for a whole group of people?
– The fact is that the Criminal Code refers to the “illegal collection and dissemination” of personal information. And here their publication will be sanctioned by the state, so it is completely legal,” explains Marina Silkina, PhD in Law.
– But doesn’t a person have the right to protect information about himself? Even criminals are recognized as such by a court decision, and nothing else. And here, it turns out, a person suddenly finds out that important information about him is open to anyone and he is not able to change it in any way. Only a few people over the past year have removed the stigma of a foreign agent, and then proving that they no longer receive money from abroad …
“Opinions on this issue are divided,” continues Marina Silkina. – In my opinion, on the one hand, this looks like a global cleansing of the media and the public field, on the other hand, in the context of the NVO and the activation of various groups of foreign influence, such a measure may be quite natural. Nevertheless, if earlier financing from abroad was the key and defining feature of a foreign agent, now such a basis can be not only the receipt of money, but also any other services, assistance, consultations, etc., that is, the concept is so broad that it can be interpreted will be individual in each case.
Of course, this is an unprecedented step – the publication in the Unified Register of Personal Data of foreign agents, both individuals and legal entities. How does this compare with Art. 157 of the Criminal Code of the Russian Federation, the Supreme Court explained: “When deciding on the presence in the actions of a person of the corpus delicti provided for by Part 1 or 2 of Article 137 of the Criminal Code of the Russian Federation (“Violation of privacy”), the court must establish whether it was covered by his intent that information about The private life of a citizen is kept secret. At the same time, the collection or dissemination of such information in the state, public or other public interests cannot entail criminal liability, “as well as in cases where information about the private life of a citizen has previously become publicly available or has been made public by the citizen himself or at his will.”
– And why, in this case, relatives of politicians and officials who have a second foreign citizenship are not declared foreign agents? And the politicians themselves, who have such relatives?
– Good question. But I don’t know the answer to it.
Newspaper headline:
Fatal contact with foreign agents?
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