To Ban or Not To Ban? The EU Digital Future and Freedom of Speech as We Know It
Russian Bar Association came to the conclusion that the existing legislation of the Russian Federation on personal data poses a threat to the development of digital technologies in our country and therefore requires modernization.
April 15 Commission on the Legal Support of the Digital Economy at the Moscow Branch of the Russian Lawyers’ Association at the Moscow State University named after O.E. Kutafina (Moscow State Law Academy) held a round table on the legal status of anonymized data in the context of the development of Big Data technologies.
The event began with the signing of 2 agreements on cooperation of the Commission with the Russian Arbitration Center and with RACIB, aimed at creating a comfortable legal environment for the development of the digital economy, as well as at the possibility of proper resolution of disputes in this area through arbitration (arbitration).
Analysis of a large data array, the use of Big Data technology creates huge opportunities for business and individual spheres of government. At various conferences and forums, there is also an active discussion of the feasibility of regulating anonymized data as a separate entity, with the development of an independent law, but experts argue that such a direction can harm the development of digital technologies in our country..
According to the chairman of the Commission, the managing partner of the law firm «EBR» Alexander Zhuravlev, concept uncertainty «anonymized data» in the legislation of the Russian Federation on PD, which covers, among other things, information indirectly related to a particular user, creates barriers to the implementation of the National Program «Digital economy».
Against the background of these risks, the optimal for the development of digital technologies in Russia, as experts noted, is the modernization of existing legislation. In the course of the round table, directions were identified for changing this legislation in order to adapt it to new technological realities..
According to a member of the Commission, Ph.D., Senior Research Fellow, Associate Professor of the Department of Information Law of the National Research University Higher School of Economics Alexander Savelyev, Russia should rely on the experience of European colleagues in the issue of PD regulation in implementing the GDPR policy and taking into account the provisions of the modernized Convention No. 108 «On the protection of individuals in the automated processing of personal data».
Experts also note the importance of changing a number of principles for processing PD by operators. For example, as a change in the principle of data destruction upon reaching the goal, it is proposed to use the capabilities of anonymization and anonymization of data, since in this form they also have value for processing. In addition, it is important to admit the possibility of data processing for purposes other than the original purpose of collection («secondary processing»).
In addition, the experts proposed changes in the requirements for the mechanism for obtaining consent from the user for the processing of PD. They believe that in order to reduce the possibility of manipulating consent, consideration should be given to using new approaches to the provision of information about data processing by operators. In their opinion, obtaining consent should be intuitive and understandable to the user, and in some cases, allow for interpretation by technical means. It is also necessary to establish normatively guarantees of the rights of operators, when processing PD for statistical or scientific purposes..
The above measures are not an exhaustive list, but, according to the Commission’s experts, they can significantly reduce the risks and barriers associated with the use of Big Data technologies in the Russian Federation..
Previously The FSB also pointed out to the State Duma the flaws in the draft law on the CFA.
text: Ivan Malichenko, photo: BCL