What information does the management company, homeowners association using the services mobile communications, must be provided to telecom operators from 06/01/2018? What are the consequences of failure to fulfill this obligation?

New responsibility

According to para. 1 clause 1 art. 44 of the Federal Law of July 7, 2003 No. 126-FZ “On Communications” (hereinafter referred to as Federal Law No. 126-FZ) on the territory of the Russian Federation, communication services are provided by communication operators to users of communication services on the basis of an agreement for the provision of communication services concluded in accordance with civil legislation and rules for the provision of communication services. (User of communication services is a person ordering and (or) using communication services.) Rules for the provision of services telephone communication approved by Decree of the Government of the Russian Federation dated December 9, 2014 No. 1342.

Based on para. 6 of this paragraph, introduced on June 1, 2018 by Federal Law No. 245-FZ of July 29, 2017, mobile radiotelephone communication services are provided to the subscriber - a legal entity (IP) and the user of such subscriber’s communication services, subject to the subscriber submitting reliable information to the telecom operator, including about users. A subscriber is a person (for example, a management company or a homeowners association) who has entered into an agreement for the provision of mobile communication services, a user of the subscriber’s communication services - using the services cellular communications under a subscriber agreement, for example, with a SIM card provided by the management company or HOA (this could be an employee of the organization, the chairman of the HOA, or another person).

These changes, as Roskomnadzor indicated, were developed in order to more effectively combat the illegal sale of SIM cards.

The procedure for fulfilling the obligation to provide information

In paragraph 6 of paragraph 1 of Art. 44 of Federal Law No. 126-FZ stipulates that the subscriber (IP) provides the telecom operator with information about users of communication services in accordance with the rules for the provision of communication services. At the stage of concluding an agreement for the provision of cellular communication services, the specified information of the management company and the homeowners association does not need to be submitted. According to clause 19 of the Rules for the provision of telephone services, a person authorized to conclude an agreement in the interests of a legal entity sends to the telecom operator a document confirming his authority to represent the interests of the legal entity when concluding an agreement, a certificate of state registration of the legal entity or its notarized copy.

In an agreement concluded in writing with legal entity, the following information and conditions must be indicated:

date and place of conclusion of the contract;

name (company name) of the telecom operator;

details of the telecom operator's current account;

information about the subscriber - name (company name) of the organization, location (legal address and actual location), main state registration number, TIN;

address, procedure and method of providing an invoice for telephone services provided;

the period for providing access to the local or mobile communication network.

In addition, the contract stipulates such essential terms as:

subscriber number ( subscriber numbers) or unique identification code (unique identification codes);

telephone services provided;

payment system for telephone services;

procedure, terms and form of payments.

As you can see, data about users of the subscriber’s communication services is not included in the information that must be included in the contract for the provision of communication services.

Information on how the obligation to transfer information about users must be fulfilled by the subscriber is set out in paragraphs. “d” clause 25 of the Rules for the provision of telephone services.

So, the subscriber is obliged to submit to the telecom operator on a quarterly basis a duly certified list of persons using the equipment of the subscriber - a legal entity, containing the surnames, first names, patronymics, places of residence, details of identification documents of these persons. Information about new users (in case of changes in the actual users of the legal entity’s equipment) must be provided to the telecom operator no later than 15 days from the day this became known.

Based on the draft prepared by the Ministry of Telecom and Mass Communications on amendments to the Rules for the provision of telephone services, information will most likely need to be provided to the telecom operator within a month from the date of conclusion of the contract for the provision of services (when transferring a SIM card to a new user - within 15 days).

Or an old duty?

Please note that the subscriber’s obligation, stated in paragraphs. “d” clause 25 of the Rules for the provision of telephone services, exists from the moment these rules came into force - from 01/15/2015. However, management companies and homeowners associations that did not fulfill the obligation to provide information about users of communication services before 06/01/2018 acted correctly if they did not have the users’ consent to transfer personal data. Personal data is any information relating to a directly or indirectly identified or identifiable individual (subject of personal data).

Relations related to the processing of personal data are regulated by Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data.” Article 7 of this law provides the following.

Please note: operators and other persons who have access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.

Therefore, the transfer of personal data individuals– users of the subscriber’s communication services were prohibited in the absence of their consent. The restriction has been lifted. Based on para. 7 clause 1 art. 53 of Federal Law No. 126-FZ, introduced by Federal Law No. 245-FZ, it is not necessary to obtain the consent of the user of the subscriber’s communication services - a legal entity (IP) to transfer his personal data to the telecom operator.

The information provided is incorrect

Updated clause 6 of Art. 44 of Federal Law No. 126-FZ, telecom operators are required to verify the accuracy of information not only about the subscriber, but also about users of the subscriber’s communication services - a legal entity (IP). The verification is carried out by establishing the last name, first name, patronymic (if any), date of birth, as well as other data on the identity document of the user of communication services. For this purpose, the telecom operator is provided with access to the Unified Identification and Authentication System (Federal State Information System " one system identification and authentication in the infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services in electronic form", ESIA), the Unified portal of state and municipal services, others information systems government agencies. The period during which the telecom operator verifies the accuracy of the information received about users of communication services has not been established. The draft amendments allot 30 days for this from the date of receipt of data from subscribers.

If, as a result of the verification, the reliability of the information provided about the users of the subscriber's communication services is not confirmed, the telecom operator suspends the provision of communication services in the manner established by the Rules for the provision of telephone communication services.

User information not provided

Clause 3 of Art. 44 of Federal Law No. 126-FZ the telecom operator is provided right suspend the provision of communication services if the user of communication services violates the requirements established by the specified law, the rules for the provision of communication services or the agreement on the provision of communication services until the violation is eliminated. In the Rules for the Provision of Telephone Services, this norm is essentially duplicated: telecom operator has the right suspend the provision to the subscriber only of those telephone services in respect of which this subscriber violated the requirements established by Federal Law No. 126-FZ, these rules and the agreement (clause 44). It also follows from the law that the telecom operator must notify the user of communication services in writing about the planned suspension of the provision of communication services. In turn, if the user does not eliminate the violation within six months from the date of receipt of the notification, the telecom operator has the right to unilaterally terminate the contract for the provision of communication services.

Thus, if the management company, homeowners association (subscribers) do not provide the telecom operator with data about users of communication services, the operator may suspend the provision of services. In the future, the situation may change, since according to the draft amendments, suspension of the provision of telephone services in the event of a subscriber’s failure to fulfill the obligation to provide information about users is already the responsibility of the telecom operator.

It should also be taken into account that if a subscriber, a legal entity, fails to fulfill the obligation to transfer data about users to the telecom operator, payment for mobile radiotelephone communication services is carried out only in the form of non-cash payments by transfer Money from the current accounts of such a subscriber. That is, they are unacceptable. This follows from paragraph 6 of Art. 54 of Federal Law No. 126-FZ, which also applies to relations arising from agreements concluded before the date of entry into force of Federal Law No. 245-FZ, that is, before 06/01/2018.

If a management company or a homeowners' association concludes (has a concluded) agreement with a telecom operator for the provision of mobile communication services, they must provide it with information about users of communication services - individuals using communication services under a subscriber agreement - the management company or the homeowners' association. This obligation is unconditional from 06/01/2018. If you ignore it, the telecom operator may suspend the provision of communication services, while the communication services themselves must be paid only in non-cash form. Communication services will also not be provided if the telecom operator, after checking the information provided about the users of the subscriber's communication services, discovers that it is unreliable.

Let's note one more important point. The State Duma, in the first reading on September 15, 2017, adopted draft federal law No. 181342-7, on the basis of which an article may appear in the Code of Administrative Offenses of the Russian Federation providing for liability for failure to provide or untimely provision by a subscriber - a legal entity or individual entrepreneur - of information about users of communication services to a telecom operator. Thus, for failure to provide or untimely provision of data, it is proposed to fine a legal entity in the amount of 50,000 to 70,000 rubles, in case of repeated violation - from 100,000 to 200,000 rubles.

With the entry into force of the Decree of the Government of the Russian Federation of July 31, 2014 No. 758 “On amendments to certain acts of the Government Russian Federation in connection with the adoption of the Federal Law “On Amendments to the Federal Law “On Information”, information technology and on the protection of information" and certain legislative acts of the Russian Federation on the issues of streamlining the exchange of information using information and telecommunication networks" employers have a new obligation: provide telecom operators with a list of employees who have access to the Internet. It is important to note that this list only includes those employees who use user (terminal) equipment owned by their employer to work on the Internet. Therefore, this norm has no relation to remote employees, for example, since they enter into contracts with telecom operators on their own or use the equipment of other organizations, i.e. they themselves are subscribers - individuals, or use the equipment of other subscribers.

At the same time, the only requirement for the list of employees with access to the Internet is enshrined in clause 22 (1) “Rules for the provision of telematic communication services”, approved. By Decree of the Government of the Russian Federation of September 10, 2007 No. 575 (hereinafter referred to as the Rules), amended to the Rules by Decree of the Government of the Russian Federation of July 31, 2014 No. 758. According to this norm, the list must be certified by an authorized representative of a legal entity (or an individual entrepreneur) and updated at least once a quarter. Otherwise, the legislation does not contain mandatory requirements regarding the procedure for sending the list. It seems that this issue can be resolved in the employer’s agreement with the telecom operator. At the same time, free written form is quite suitable for preparing such a list. You can send the list to the operator in any way, for example, by mail. The main thing is that in case of disputes, the organization’s management has confirmation of the fulfillment of their duties.

At the same time, it is important to understand that in order to comply with the requirement of the Rules, employers will need to obtain the consent of employees to transfer their personal information to a third party (clause 1, part 1, article 6 of the Federal Law of July 27, 2006 No. 152- Federal Law).

Thus, as a general rule, the employer is obligeddo not disclose the employee’s personal data to a third party without the employee’s written consent (Part 1 of Article 88 of the Labor Code of the Russian Federation). Exceptional cases of transferring personal data of employees without their consent are established by the Labor Code and federal laws. In addition, the transfer of personal data without consent is permitted when it is necessary to prevent a threat to the life and health of an employee; the employer is obliged to disclose personal data to a third party without the written consent of the employee (Part 1 of Article 88 of the Labor Code of the Russian Federation).

Despite the fact that the Rules were approved by the Government of the Russian Federation in pursuance of the Federal Law, the requirement to provide personal data of employees to the telecom operator, enshrined in clause 22(1) of the Rules, was not established by federal law, but by a by-law - the Decree of the Government of the Russian Federation. Thus, the employer will have an obligation to obtain the consent of employees to provide their personal data to third parties.

At the same time, the norm of Part 1 of Art. 88 of the Labor Code of the Russian Federation gives the employee the right to protect his personal data from processing by third parties, therefore it seems that the employee’s refusal to consent to the provision of his personal data cannot be the basis for applying any disciplinary measures against him, since such a refusal is lawful an action aimed at realizing one’s right, and not a disciplinary offense.

At the same time, if an employer provides data about employees without obtaining their consent, he faces liability for violating the legally established procedure for collecting, storing, using or distributing information about citizens (personal data) (Article 13.11 of the Code of Administrative Offenses of the Russian Federation).

If the employer does not fulfill his obligation to transfer the relevant lists to the telecom operator, then the latter may, guided by clause 3 of Art. 44 of the Federal Law “On Communications”, suspend the provision of communication services, and if the violation is not eliminated, terminate the contract. But it should also be noted that Chapter 13 of the Code of Administrative Offenses, which establishes liability for administrative offenses in the field of information and communications, does not contain an offense that could qualify the failure to include in the contract for the provision of communication services the conditions provided for in paragraph 22(1) of the Rules. Since the requirement to provide information in accordance with the Rules must be included in the content of the contract, fulfillment of this requirement is impossible until the corresponding condition appears in the contract. It seems that at present, in the absence of liability for evading the inclusion in the contract of a condition on the obligation and procedure for providing a telecom operator with a list of persons using its user (terminal) equipment, the employer and telecom operator can, by mutual consent, ignore the new requirements .

In preparing the material, state support funds were used, allocated as a grant in accordance with the order of the President of the Russian Federation dated January 17, 2014 No. 11-rp and on the basis of a competition held by OOD "Civic Dignity".

After the adoption of Decrees of the Government of the Russian Federation dated July 31, 2014 N 758 “On amendments to certain acts of the Government of the Russian Federation in connection with the adoption of the Federal Law “On Amendments to the Federal Law “On Information, Information Technologies and Information Protection” and certain legislative acts of the Russian Federation Federation on issues of streamlining the exchange of information using information and telecommunication networks" (hereinafter - Resolution N 758) and dated 08.12.2014 N 801 "On amendments to certain acts of the Government of the Russian Federation" (hereinafter - Resolution N 801) have changed:

Rules for the provision of universal communication services (hereinafter referred to as Rules No. 241);

Rules for the provision of communication services for data transmission (hereinafter referred to as Rules No. 32);

Rules for the provision of telematic communication services (hereinafter referred to as Rules No. 575) -

(the specified Rules are approved by Decrees of the Government of the Russian Federation of April 21, 2005 N 241, of January 23, 2006 N 32, of September 10, 2007 N 575, respectively).

Thus, now the provision of universal communication services for data transmission and provision of access to the Internet using public access points is carried out by the universal service operator after identification of users (paragraph 1, clause 3(1) of the Rules for the provision of communication services).

Let us remind you that a telecom operator is a legal entity or individual entrepreneur providing communication services on the basis of an appropriate license (clause 12 of Article 2 of the Federal Law of July 7, 2003 N 126-FZ “On Communications”, hereinafter referred to as the Law on Communications).

Universal service operator - a telecom operator that provides communication services in the communication network common use and who is entrusted with the obligation to provide universal communication services (clause 13 of Article 2 of the Communications Law).

Universal communication services include those provided using collective access means or access points (Clause 1, Article 57 of the Communications Law):

Telephone services using payphones, multifunctional devices, information kiosks (infomats) and similar devices;

Services for data transmission and provision of Internet access using shared access tools;

Services for data transmission and provision of Internet access using access points.

A means of collective access is terminal equipment designed to provide an unlimited number of people with the opportunity to use communication services with or without the use of the subscriber’s user equipment (clause 28.3 of Article 2 of the Communications Law).

Access point is a means of collective access designed to provide an unlimited number of people with the opportunity to use communication services for data transfer and providing access to the Internet using the subscriber’s user equipment (clause 28.4 of Article 2 of the Communications Law).

Resolution No. 758 establishes that user identification is carried out by the universal service operator by establishing the user’s last name, first name, patronymic, confirmed by an identification document (paragraph 2, clause 3(1) of Regulation No. 241).

Note. Most telecom operators have already included in standard contracts provisions for providing a list of employees using the work Internet.

However, the employer should remember that transferring personal data of employees to the telecom operator without their consent is a violation of the requirements of Art. 88 of the Labor Code of the Russian Federation and Federal Law of July 27, 2006 N 152-FZ “On Personal Data”. That is why it is necessary to check whether employees’ consent to the processing of their personal data has been obtained.

Resolution No. 801 established additional ways identification of clients, including by identifying numbers cell phones(paragraph 2, clause 3(1) of Rules No. 241), i.e. The telecom operator has a choice of how to identify the user. If a fixed-term agreement is concluded for the provision of one-time data transmission services or one-time telematic communication services at points of public access, then the telecom operator also identifies users and the equipment they use (paragraph 1, paragraph 24(1) of Rules No. 32, paragraph 1, paragraph 17(1) Regulations No. 575).

Note. If the contract for the provision of communication services was concluded before the adoption of the changes under consideration, no actions need be taken, including the need to renew existing contracts.

The Resolutions do not stipulate any transitional provisions, nor do they stipulate that their effect extends to relations arising from previously concluded agreements (which, however, did not prevent a number of telecom operators from sending out notifications and additional agreements to the agreements).

Before providing Internet access, the telecom operator has the right to prompt the user to enter his/her number mobile phone, to which the corresponding code will be sent, or the user can indicate the last name, first name and patronymic, which are confirmed account on the Unified Portal of State Services, with an identification document, or in any other way that does not contradict the law.

Information about users (full name, identity document details) who were provided communication services using public access points, as well as the volume and time of services are stored by the operator for at least 6 months (clause 9 of Rules No. 241) . In case the point Wi-Fi access established by the telecom operator, he must send the user an SMS with a request to receive identification data or offer a special form for specifying data before opening access to the Internet.

If a Wi-Fi access point is installed by a private person, he will not have any obligations in connection with the changes.

It should be noted that employers have a new obligation - to provide the telecom operator with a list of persons using user (terminal) equipment (clause 26(1) of Rules No. 32 and clause 22(1) of Rules No. 575).

User equipment (terminal equipment) is technical means for transmitting and (or) receiving telecommunication signals over communication lines connected to subscriber lines and those in the use of subscribers or intended for such purposes (clause 10 of Article 2 of the Communications Law), i.e. modems, routers, mobile phones, etc.

This list must contain the following information:

Last name, first name, patronymic (if available);

Location;

Details of the main identification document (passport).

The list is certified by the employer. The deadline for submitting the list is specified in the agreement between the operator and the employer, but at least once a quarter.

An example of the design of a list of persons is given in the sample.

Sample

List of persons using user (terminal) equipment of Firma LLC

	Full Name	Place of residence	Details of the identity document
	Ivanov Alexander Petrovich	127221, Moscow, ave. Mira, 33, apt. 10	Passport 4555 123456, issue. OVD "Northern Medvedkovo" 11/11/2003
	Razuvaeva Anna Ilyinichna	140800, Moscow region, Dmitrov, st. Chekistskaya, 5, apt. 2	Passport 4608 599987, issue. Department of the Federal Migration Service of Russia for the Moscow region in the Dmitrovsky district 04/11/2009
	Yurieva Nadezhda Pavlovna

According to Decree of the Government of the Russian Federation dated July 31, 2014 N 758, an organization must transfer data about end users of the Internet to the Internet provider. Do I need to obtain consent from the employee to share this data? What is the liability for failure to provide this data?

In order to transfer information to the provider about which of the organization’s employees uses the Internet, is it necessary to first obtain their consent to process personal data, say experts from the GARANT Legal Consulting Service Tatyana Troshina and Maxim Kudryashov.

By Decree of the Government of the Russian Federation of July 31, 2014 N 758, amendments were made to the Rules for the provision of communication services for data transmission, approved by Decree of the Government of the Russian Federation of January 23, 2006 N 32 (hereinafter referred to as Rules N 32) and to the Rules for the provision of telematic communication services, approved by Decree of the Government of the Russian Federation Federation dated September 10, 2007 N 575 (hereinafter referred to as Rules N 32). The specified Rules No. 32 and Rules No. 575 were adopted in accordance with paragraph 2 of Art. 44 of the Federal Law of July 7, 2003 N 126-FZ “On Communications” (hereinafter referred to as the Law on Communications).

Thus, in accordance with clause 26.1 of Rules No. 32 and clause 22.1 of Rules No. 575, a legal entity or individual entrepreneur is required to provide a telecom operator with a list of persons using its user (terminal) equipment. The specified list must contain information about persons using its user (terminal) equipment (last name, first name, patronymic (if any), place of residence, details of the main identification document), and be updated at least once a quarter.

In accordance with Art. 3 of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data” (hereinafter referred to as Law N 152-FZ), personal data means any information relating to a directly or indirectly identified or identifiable individual (subject of personal data). In essence, this is any information with the help of which it is possible to determine (identify) the subject of personal data, which is fully consistent with the provisions of Art. 2 of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, concluded by member states of the Council of Europe on 01/28/1981 (came into force for the Russian Federation on 09/01/2013).

According to Art. 86 of the Labor Code of the Russian Federation, the processing of employee personal data can be carried out solely for the purpose of ensuring compliance with laws and other regulations, assisting employees in employment, training and promotion, ensuring personal safety workers, monitoring the quantity and quality of work performed and ensuring the safety of property. The employer does not have the right to disclose the employee’s personal data to a third party without the employee’s written consent, except in cases where this is necessary in order to prevent a threat to the life and health of the employee, as well as in other cases provided for by the Labor Code of the Russian Federation or other federal laws (Article 88 of the Labor Code of the Russian Federation) .

As a general rule, the processing of personal data can be carried out with the consent of the subject of personal data (clause 1, part 1, article 6 of Law No. 152-FZ). However, as follows from Art. 6, h.h. 2, 3 tbsp. 9 of Law No. 152-FZ, if there are grounds provided for in paragraphs. 2-11 hours 1 tbsp. 6 of Law N 152-FZ, the consent of the subject of personal data for their processing is not required. So, in particular, the processing of personal data by the employer without the consent of the employee is permitted if it is necessary to achieve the goals provided for by an international treaty of the Russian Federation or the law, to implement and fulfill the functions, powers and duties assigned by the legislation of the Russian Federation to the operator (clause 2, part 1, art. 6 of Law No. 152-FZ).

The employer’s obligation to provide the telecom operator with a list of persons using the operator’s user (terminal) equipment is provided for by the Communications Law, Rules No. 32, Rules No. 575. Thus, the processing of personal data is necessary to achieve the goals provided for by law, to implement and fulfill those assigned by the legislation of the Russian Federation on the operator's responsibilities. Therefore, in our opinion, after making appropriate changes to the contract for the provision of communication services, provision of the above list to the telecom operator by virtue of clause 2, part 1 of Art. 6 of Law No. 152-FZ does not require the consent of employees.

In accordance with paragraph 3 of Art. 44 of the Law on Communications, if a user of communication services violates the requirements established by the Law on Communications, the rules for the provision of communication services or an agreement on the provision of communication services, the telecom operator has the right to suspend the provision of communication services until the violation is eliminated. If such a violation is not eliminated within six months from the date the user of communications services receives a written notice from the communications operator of the intention to suspend the provision of communications services, the communications operator has the right to unilaterally terminate the contract for the provision of communications services. Thus, if the organization does not provide the telecom operator with a list of persons using the operator’s user (terminal) equipment, the operator has the right to suspend the provision of communication services, and after six months has the right to terminate the contract for the provision of communication services.

In conclusion, we note that currently the legislation does not establish administrative, criminal or other liability for failure to provide the telecom operator with a list of persons using the operator’s user (terminal) equipment.

The texts of the documents mentioned in the experts’ response can be found in the GARANT legal reference system.

In the summer, the Government of the Russian Federation made significant changes to a number of regulations on the use of the Internet. Government Decree No. 758 dated July 31, 2014 led not only to another scandal in the Internet environment, but also added trouble to domestic organizations. Thus, they began to receive letters from providers with ambiguous demands that were clearly contrary to the law.

In their letters, providers require subscribers - organizations and entrepreneurs - to provide a list of employees who use the Internet at their workplace. Moreover, indicating the last name, first name, patronymic, place of residence, as well as passport details. This list must be certified by an authorized representative of a legal entity or an individual entrepreneur, and updated at least once a quarter.

Readers of Klerk.Ru do not agree

An employee of the company, to whose address a similar letter was sent, approached the editorial office of Klerk.Ru with a proposal to discuss such requirements of telecom operators on the website. The letter contained a request from the provider to sign an additional agreement to the contract for the provision of communication services and to disclose the personal data of all company employees using these services. The management of the enterprise refused to sign the additional agreement, citing the fact that the obligation for a legal entity to provide a telecom operator with a list of persons using its user equipment contradicts the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data.”

The company's refusal was motivated as follows. By virtue of this law (Article 5), the processing of personal data must be carried out on a legal and fair basis. The processing of personal data must be limited to the achievement of specific, pre-defined and legitimate purposes. Processing of personal data that is incompatible with the purposes of collecting personal data is not permitted. In addition, the processing of personal data is carried out with the consent of the subject of personal data.

The operator has the right to entrust the processing of personal data to another person with the consent of the subject of personal data, and the operator’s order must define a list of actions (operations) with personal data that will be performed by the person processing personal data and the purposes of processing, the obligation of such person must be established maintain the confidentiality of personal data and ensure the security of personal data during their processing. In turn, the person processing personal data on behalf of the operator is not required to obtain the consent of the subject of personal data to process his personal data.

“Thus, you have not complied with any of the above provisions of the law and the data you requested cannot be provided,” concludes the company’s management in response to the provider’s letter.

Obliged or not

It seems that all such requirements do not comply with the law and can simply be ignored by employers. Without any consequences (no sanctions are provided for this).

Indeed, according to the new rules, the contract with a subscriber - a legal entity or individual entrepreneur, stipulates the obligation to provide the telecom operator with a list of persons using its user (terminal) equipment, and sets a deadline for providing the specified list, and also establishes that the specified list must contain information about persons using its user (terminal) equipment. In particular, this is stated in the Decree of the Government of the Russian Federation of January 23, 2006 No. 32 “On approval of the rules for the provision of communication services for data transmission” (clause 26.1) and the Decree of the Government of the Russian Federation of September 10, 2007 No. 575 “On approval of the rules for the provision of telematic communication services” ( clause 22.2).

Meanwhile, if we assume that these norms apply specifically to employers, we will have to admit that the changes made contradict the current federal legislation, which does not contain such an obligation. Moreover, the Labor Code of the Russian Federation directly prohibits the disclosure of personal information of employees of organizations.

Article 88 of the code states that the employer must not disclose the employee’s personal data to a third party without the written consent of the employee, except in cases where this is necessary in order to prevent a threat to the life and health of the employee, as well as in other cases provided for by federal laws (as known to be not federal laws).

Also, the employer must transfer the employee’s personal data within one organization, from one individual entrepreneur in accordance with a local regulatory act, with which the employee must be familiarized with signature, and allow access to the personal data of employees only to specially authorized persons, and these persons must have the right to receive only those employee personal data that are necessary to perform specific functions. Therefore, in our opinion, innovations, and not all employers without exception.

Like really

Firstly, it is necessary to understand why exactly the amendments were made to the rules for the provision of communication services. Secondly, it is necessary to distinguish between cases to which these changes apply and those to which they do not. Start over. The changes were made to combat crimes committed using the Internet (the same as deliberately false reports of terrorism), and to increase the efficiency of the investigation of these crimes. For these purposes, the legislator determined the list of entities responsible for end users.

Probably, many remember the fuss raised by the press and public about recent strange publications with the general title “Accessing the Internet via Wi-Fi will now be strictly based on passports.” So this is exactly the same case. Actually, it was precisely for the purpose of establishing control over Internet users via Wi-Fi that innovations were adopted. As you know, checking employers if necessary is not particularly difficult. Even if the company has several hundred employees. Another thing is to check the airport, park, cinema and other places where Internet users gather. Without information about users, it is not possible to solve the crime in this case.

So, who will be accountable to providers for Internet users? In principle, the Law “On Communications” itself provides a list of such collective access points. Thus, according to the law, at least one means of collective access must be installed in each settlement to provide telephone services with free access to emergency operational services.

In settlements with a population of at least five hundred people, at least one means of collective access must be installed to provide data transmission services and provide access to the Internet information and telecommunications network without the use of subscriber user equipment. In populated areas with a population of two hundred and fifty to five hundred people, in which a means of collective access is installed to provide telephone services, at least one access point must be installed.

The lion's share of collective access points falls on Russian Post branches - currently there are about 21 thousand of them throughout the country. This applies to universal communication services. Meanwhile, changes to the by-laws are not limited to universal services and also cover telematic communication services. Therefore, the list of obligors will (should) include organizations where Internet distribution via Wi-Fi has been established.

However, the new rules do not mean that in the near future visitors to cafes and restaurants will be required to present passports and other confidential information. Most likely, to access the Internet you will only need a mobile phone number - as you know, SIM cards have recently been sold exclusively using passports.

Therefore, in theory, problems in this part cannot arise. Problems may arise specifically with the provision of free Internet in public areas. The Wi-Fi connection itself costs a penny. But here is another Decree of the Government of the Russian Federation - dated July 31, 2014 N 759 - obliges organizations to store data about users and their Internet connections. The purchase of equipment that allows it can cost a pretty penny, which will force cafes and bars to reconsider their views on free Internet for visitors.