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Alexander Koryakov / Kommersant
The proposal of the Ministry of communications on the implementation of the “Spring law” may not only violate the rights of citizens to privacy of correspondence and personal life, but also lead to unplanned expenses of the state budget, according to the economy Ministry. The organizers of information dissemination in the network are “impossible demands” that can lead to withdrawal from the market “any company”. Market participants are afraid that their spending on equipment and software could rise by half.
The economy Ministry has prepared and published report on the Ministry finalized a draft resolution on the implementation of the “Spring law”, clarifying the procedure, terms and volume of data storage from the Internet. In conclusion, taken into account the comments and proposals of the Russian Union of Industrialists and entrepreneurs, as well as “VimpelCom”, specified in the documents. Economy Ministry proposes to revise the project with their records.
The implementation of the “Spring law” in the framework of the proposals of the Ministry of communications may require expenditures from the budget of the Russian Federation, although such costs in the preparation of the project have not been assessed, specifies the Ministry of economy. From observations it follows that the provisions of the law could affect not only commercial market participants, but also the information resources of government agencies and budgetary organizations. The Ministry of communications did not lead the assessment of the number of participants who would be affected by the law, but Roskomnadzor maintains a registry of organizers of information dissemination on the Internet (ARI), which fall under the proposed regulation. Now in the register 76 of the participants. Among them, for example, the website of GBU of the Komi Republic”, Syktyvkar Republican psychoneurological boarding school”, according to the opinion of the Ministry of economy.
A record of Syktyvkar psychoneurological boarding school is entered in the registry based on the notification submitted by the organization in the initiative order, confirmed yesterday in a press-service of Roscomnadzor. The representative of the Ministry stressed that, in accordance with the law “On information” the authorities of state registry no.
In addition, neither the proposals of the Ministry of communications, nor in the “Spring law” is not defined the meaning of the term “content of electronic communications”, specifies the Ministry of economy. The absence of such a definition could lead to a “broad interpretation of the rules” and the risk of violations of the rights of citizens to privacy of correspondence and private life, enshrined in the Constitution, the authors of the opinion.
There are significant risks for market participants, it follows from the opinion. So, in the project of the Ministry of communications set the maximum possible under the “law of Spring”, the period of storage of electronic communications-six months. The phasing of the introduction of retention requirements is not provided, and no adjustments to the volume. Therefore, “subjects of entrepreneurial and other activities imposed costly and in some cases impossible demands that carry a risk of termination of any company in the field of information technology,” reads the conclusion.
In the current edition of the law from 1 July 2018 obliges Internet companies to store information about the facts of reception and transmission of data for at least one year, and operators — three years. The content of the messages, including text, voice and video, should be stored up to six months. Earlier Mail.ru Group was assessed a one-time capital expenditures for the project $1.2-2 billion of Additional operating expenses will be $80-100 million in addition, $35-40 million over three to five years will be required to finalize the software needed to store user information. Also, the market will require an additional 4.5 thousand racks in data centers. The minimum period of construction of a data centre of appropriate scale is three to four years, reminds the Ministry of economy. Also in the opinion, we assess the Rambler&Co, which is expenditure on the purchase or development and implementation of equipment and software will grow twice its current level.
“In fact, the new draft does not change the composition of data to be stored or a storage period,” noted yesterday in “Yandex”. From the document were excluded a row of paragraphs, including the order of interaction of organizers of information dissemination and law enforcement, which only increases uncertainty in enforcement of the law, ascertain the company’s lawyers. Rambler&Co and Mail.ru Group were not further evaluate the conclusions of the economy. The communications Ministry on request “b” did not answer.