"The Yarovoya law raises many questions, in particular — about the secret of correspondence" — Tatiana Tereshchenko for FederalPress
On July 1, 2018, the provisions of subparagraph 2 of paragraph 1 of article 64 Of the law on communication came into force – known as "The Yarovaya law". It establishes the obligation for communication operators to store text messages of users of communication services, and voice information, images, audio, video and other messages belonging to them. The law raises many questions. The head of analytical direction of the «Prime Advice» Tatyana Tereshchenko will help to understand some of them:
«The order, terms and volume of storage of the specified information are defined in the Government Resolution No. 445, which also entered into force on July 1, 2018.
From the main:
1) storage is carried out on the territory of the Russian Federation;
2) the communication operator shall carry out storage in the technical means of information accumulation belonging to the operator. In agreement with the FSB, one communication operator can use the technical resources of another communication operator with which the FSB interacts to store "good";
3) technical means of collecting information include software, providing fulfilling of set actions during carrying out of operatively-search actions;
4) as a general rule, from July 1, 2018, the communication operator shall ensure the storage of user information in full within 6 months from the date of the end of receiving, transmitting, delivering and (or) processing user messages;
5) the operator of communication providing telematic communication services and (or) communication services in data transfer provides since July 1, 2018 storage of messages of telecommunication in zero volume, and since October 1, 2018 - storage in full of messages of telecommunication in technical means of accumulation of information with the capacity equal to the volume of messages sent and received by users of the specified operator for 30 days preceding date of input of technical means of information accumulation in operation.
At the same time, the capacity of technical means is increased annually by 15 percent within 5 years from the date of commissioning of technical means of information accumulation.
6) removal of the accumulated information is carried out automatically in accordance with the provided algorithms, based on the maximum allowable storage period of messages.
Questions, as always, a lot. In particular, do these rules apply to correspondence in social networks; what to do if the algorithm of automatic removal of information does not work; how to be with secret correspondence?