Concise and to the point with ALRUD: HR & DIGITAL (№10)

Roskomnadzor (Russian Data Protection Authority) plans to make it easier for personal data subjects to revoke consent to the processing of personal data

Roskomnadzor proposes making it possible to ****revoke consent**** to the processing of personal data “in one click”. Technically, the mechanism can be implemented as part of the ****consent management system that the Ministry of Digital Development, Communications and Mass Media**** created on the basis of the ****Gosuslugi**** service, but it will require revisions to standards. The relevant draft law may be considered as early as September.

Business fears that implementing the plan will lead to ****increased costs for the restructuring of information systems****.

Criminal liability for violating the secrecy of correspondence and destroying corporate information

The Oktyabrsky District Court of Ufa handed down a ****verdict**** in a criminal case against a ****former employee of the company****. He was found guilty of committing crimes under Part 1 of Article 138 of the Russian Criminal Code (****violation of the secrecy of correspondence****) and Part 2 of Article 272 of the Russian Criminal Code (****unlawful access to legally protected computer information committed out of self-interest****).

The court found that in November 2023, a man who previously worked as a ****system administrator**** remotely ****copied the email correspondence****, ****contacts****, and ****personal data**** of the general director and ****corporate information**** containing ****trade secrets**** and ****destroyed**** them.

The defendant pleaded guilty to the crimes. The court sentenced him to a ****fine of 120,000 RUB**** (approximately 1,364 USD or 1,268 EUR).

The verdict does not contain information about the company filing a ****civil claim**** in criminal proceedings to ****compensate for damages**** caused as a result of the destruction of corporate information.

Question

Can the data controller be subjected to ****administrative liability**** during the ****moratorium on inspections****?

Position of the 8th Court of the General Jurisdiction (Case No. 2a-2919/2022)

If a violation is ****revealed**** during the consideration of materials received, including from a citizen, Roskomnadzor may ****conduct an inspection**** and ****initiate an administrative offence case**** or ****refuse**** to initiate it.