RussiaFederal Law No. 152-FZ, Article 21 Part 3.1, Breach Notification
Federal Law No. 152-FZ, Art. 21, part 3.1, added by Federal Law No. 266-FZ (in force )
In force since .
A breach notification rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Notify Roskomnadzor within 24 hours of detecting an unlawful or accidental transfer, provision, distribution, or access to personal data of a person in Russia, and file a full follow-up report within 72 hours.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CM.AW-P7Impacted individuals and organizations are notified about a privacy breach or event.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- From which moment does the 24-hour period in Article 21, part 3.1 run: the moment an operator suspects an incident, or the moment "выявления такого инцидента" ("identification of such an incident") is established as one "повлекшей нарушение прав субъектов персональных данных" ("that resulted in a violation of the rights of personal data subjects")?
What it makes you log
Logging duty
Part 3.1 makes the operator notify the data protection authority of a leak incident within twenty-four hours (what happened, suspected causes, suspected harm, measures taken and a contact person) and within seventy-two hours of the result of its internal investigation and the persons whose actions caused it. It is a duty to notify, and it names no record the operator must keep of breaches. Part 7 (confirmation of destruction) is outside this row.
- Kind
- None
- As of
What this law does
Article 21, part 3.1, added by Federal Law No. 266-FZ, requires an operator that detects an unlawful or accidental transfer, provision, distribution, or access to personal data violating a subject's rights to notify Roskomnadzor within 24 hours of detection, covering the nature of the incident, suspected cause, likely harm, and remediation already taken, and to file a full report within 72 hours covering the internal investigation's results and the persons responsible.
When LexLint raises it
When your app profile says your app processes personal data.
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