Alexander Pavlovsky, a Partner at A.T. Legal gave a comment to the correspondent of Kommersant
Roskomnadzor demanded Telegram to block the bots that collect and distribute personal data of Russians. The agency considered their activities illegal and turned to law enforcement agencies to find their owners. Blocking such services may not be effective, experts warn. The popularity of bots, in their opinion, will complicate the creation of a mechanism of criminal liability for such activities.
Partner of A.T.Legal in an article by Kommersant about how, from the point of view of Russian law, the actions of the administrators of such bots can be qualified? What can they face? What tools do personal data subjects have to remove this data from bots?
The functioning of telegram bots to collect and provide personal data of individuals has become the subject of intense media and law enforcement attention after the scandalous investigation of Navalny about his poisoning. These automated software tools are undoubtedly designed to process personal data. Accordingly, bots' administrators are fully covered by the Russian legislation on personal data. Assuming that the personal data obtained and disseminated by the bots were obtained from publicly available sources of information, the person's consent to the processing of his/her personal data is presumed. In this case, in accordance with Part 2, Article 8 of Federal Law dd. No.152-FZ "On Personal Data", the information must be removed from publicly available sources of information at the request of the person whose data were disclosed.
In the absence of a person's consent to the processing of his personal data, as well as in cases of other violations of 152-FZ (for example, failure to meet the purposes of personal data processing as required by law), guilty parties may be held administratively liable under Article 13.11 of the RF Administrative Code "Violation of Russian Federation legislation in the field of personal data". In those cases where the personal data collected by bots contain data related to personal life, the bot administrators may even be prosecuted under Article 137 of the Criminal Code "Violation of privacy". However, it should be noted that bots’ administrators, as a general rule, can be prosecuted only if they are located in Russia.
In order to delete personal information collected by a telegram bot, a person may apply to Roskomnadzor with a request to take action against the offenders and stop processing personal data that was obtained in violation of the law. In addition, under the Personal Data Law, one can directly file such a request to the bot's administrator, who is obliged to take appropriate measures in favor of the personal data subject.
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