Mintsifry proposed to introduce criminal liability for violations when working with biometrics

The Ministry of Digital Development, Telecommunications and Mass Media of the Russian Federation proposes to introduce criminal and administrative liability for violations in the processing of personal biometric data. About it “Interfax” said a source familiar with the development of relevant bills.

The bill provides criminal liability behind:

• deliberate placement of deliberately false information in the Unified Biometric System (UBS) and the destruction or forgery of documents on the basis of which information was entered into the UBS (fine up to 300 thousand rubles or correctional labor up to 480 hours or up to two years, or forced labor up to three years or imprisonment for three years);
• deliberate placement or destruction of documents by a group of persons by prior agreement (fine up to 500 thousand rubles, or corrective labor up to two years, forced labor up to four years, or imprisonment up to four years. If these acts caused serious consequences, then the term of imprisonment can be extended up to 6 years).

The department also proposes to amend the Code of administrative offenses RF for officials of state bodies and legal entities. The draft proposes to punish:

• for refusal to provide public services when a citizen refuses (fine from 10 thousand to 20 thousand rubles);
• refusal to conclude, execute, change or terminate the contract with the consumer due to the consumer’s refusal to provide biometric data for identification (for individuals – 10-20 thousand rubles, for legal entities – 50-100 thousand rubles);
• violation of the procedure for processing biometrics in the EBS and other information systems using biometrics, as well as the requirements for information technologies and technical means designed to process the biometrics of officials (individuals – 100-300 thousand rubles, legal entities – 300-500 thousand rubles) ;
• violation of the procedure for placing and updating biometrics in the EBS and other systems that provide identification, authentication using it, as well as failure to comply with organizational and technical measures to ensure the security of biometric data (individuals – 100-300 thousand rubles, legal entities – 300-500 thousand rubles). rub.).

On November 24, the State Duma adopted in the first reading a bill providing for the creation of the EBS. The document proposes to introduce the identification of citizens using their biometric data, including by government agencies. According to Maksut Shadayev, head of the Ministry of Digital Development, an impersonal mathematical code with human biometrics will be used for such identification.

The HRC believes that a number of provisions of the bill maybe lead to infringement of the constitutional rights of citizens. December 19, Speaker of the State Duma Vyacheslav Volodin declaredthat the document was “substantially changed” after the criticism received. On December 20, the Duma adopted the EBS bill in the second reading.

More details – in the material “Kommersant” “The State Duma handed over biometrics”.

Erdni Kagaltynov