RussiaCriminal Code Article 272.1, Illegal Collection, Storage, Use, or Transfer of Personal Data
Criminal Code of the Russian Federation, Art. 272.1, added by Federal Law No. 421-FZ, in force
In force since .
An enforcement supervision rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Expect criminal liability for an individual involved in illegally collecting, storing, using, or transferring personal data of a person in Russia, rising to up to 8 years for an unauthorized cross-border transfer and up to 10 years for an organized group or grave consequences, under Criminal Code Article 272.1.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does "иным незаконным путем" ("by another unlawful means") in Criminal Code Article 272.1, part 1 reach personal data collected by automated means from pages the data subject made public, or only data obtained through "неправомерного доступа" ("unauthorized access") or interference?
What it makes you log
Logging duty
Article 272.1 is an offence: unlawful use, transfer, collection or storage of computer information containing personal data obtained by unauthorized access or otherwise unlawfully, punished by a fine, forced labor or imprisonment, with higher penalties for the data of minors, special categories or biometric data. It places no duty on anyone to keep a record or log, names no retention period and no inspector.
- Kind
- None
- As of
What this law does
Federal Law No. 421-FZ added Article 272.1 to the Criminal Code, criminalizing illegal collection, storage, use, or transfer of personal data: up to 4 years' imprisonment for the base offense, up to 5 years where minors, special categories, or biometric data are involved, up to 8 years for an unauthorized cross-border transfer, and up to 10 years for an organized group or grave consequences, plus fines to 3 million rubles; a personal or family-use exemption applies.
When LexLint raises it
When your app profile says your app processes biometric data or processes personal data.
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