What laws in the field of digital law may appear this year

Last year, the State Duma considered and adopted quite a lot of bills related to IT. Among them are the law on the sovereign Runet, the law on the pre-installation of Russian software, which will come into force this summer, and others. New legislative initiatives are on the way. Among them are both new, already sensational bills, and old, already forgotten ones. The focus of legislators is the creation of data banks with information about Russians, the identification of subscribers and new grounds for blocking sites.

What laws in the field of digital law may appear this year

Russian data banks

The deputies plan to consider this year several bills on data banks with information about Russians.

There are two draft laws regulating the collection of biometrics by financial organizations (banks), the collection plan for which banks did not fulfill last year. First bill amends the Federal Law “On Microfinance Activities and Microfinance Organizations” and prohibits microfinance organizations from issuing loans without identifying clients using a unified identification and authentication system and a unified biometric system. This is done in order to combat the use of other people's personal data when obtaining microcredit.

Other bill already passed on first reading. It amends the Federal Law “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism” and improves the regulation of the activities of credit institutions for the collection of biometric personal data and remote biometric identification.

Plus, in the near future they plan to consider in the second reading one of the most high-profile bills of the last year - about the unified register of Russians. The initiator of this bill is the government. Among the stated goals of using a unified data register of Russians are the provision of public services, tax assessment, protection of the constitutional order, morality and ensuring the national security of the Russian Federation. The tax service will be the operator of this information system.

Here is the bill about the digital profile of Russians. The FSB and the State Duma Committee on State Building and Legislation spoke out against the bill in its current form, since it did not address the issue of the security of these Russians. At the same time, in the fall of 2019, former Prime Minister Dmitry Medvedev instructed to adopt this law by July 1, 2020. In the approximate work program of the State Duma, its consideration is scheduled for May this year, so we are waiting for amendments and adoption of the bill in the near future.

Obviously, in the coming years, all information available about Russians will be collected in various data banks for government agencies and for banks (biometric data). In 2018, a unified electronic database of the registry office has already appeared, in addition, our new prime minister advocates for the digitalization of all data.

Subscriber identification

A few more bills are devoted to the identification of subscribers. The justifications of some of them say that this is necessary to combat false reports of mining. After the December wave of telephone terrorism, the likelihood that these bills will pass has increased.

Planned to consider bill on the administrative responsibility of operators for the substitution of the subscriber's number. The initiator of the bill is Lyudmila Bokova. This bill was submitted to the State Duma in 2017. In the conclusions, many remarks were made to it, however, they did not change the essence of the bill, so it has a chance of being adopted, especially after Bokova became deputy minister at the Ministry of Telecom and Mass Communications. There just today proposed implement a "digital signature" to verify callers.

Other bill Lateral - on administrative responsibility for the sale of SIM-cards without the conclusion of subscription agreements. It is proposed to fine the amount of 2 to 200 thousand rubles for the sale of a SIM from the hands of a “person who does not have authority from the telecom operator”. The initiators of the bill proposed to expel foreign citizens from the Russian Federation for such offenses, but the government, in its conclusion, considered this unnecessary, while supporting the bill. The government also indicated that the police do not need an extra burden, and law enforcement officers will draw up reports on the illegal sale of SIMs only in public places.

Another bill, associated with SIM (yes, Bokova is also in its authors) is a bill on the ability to identify the location of a subscriber without a court decision on it. The initiators of the bill emphasize that this is necessary solely to search for missing people. As a bonus to the idea of ​​identifying a subscriber without a court decision, there is a proposal to oblige telecom operators to store all information about users of their services for 3 years, in order to make it easier to carry out operational search work.

Locks

Every year in Russia there are new grounds for blocking sites. Several bills are already in the pipeline.

Legislators propose block sites with fraud in the financial market at the request of the Central Bank. The Central Bank will be able to initiate an out-of-court blocking after the site is entered into a special register. It is planned to block sites of illegal creditors, financial pyramids and phishing sites. If the Central Bank discovers websites that contain information about ways to hack banking systems, then, according to the bill, it will have to go to court to block the site.

Also offer block sites with materials about cruelty to animals. The bill provides for pre-trial blocking. According to the initiators, this is necessary in order to prevent harm to the mental health of an unlimited number of people. Additional financial costs for this bill - 9 million rubles.

Another initiative is bill about blocking information in social networks at the request of users (which, in fact, social networks do on their own). Here they want to oblige operators of social networks, in which there are more than 100 thousand Russian users per day, to block, according to the statements of users, information that incites hatred, etc. It is proposed to identify users by phone number. The original version of the bill talked about 2 million Russian users needed for this law to influence the work of the social network, but for our legislators every Russian user is important, so the number was reduced.

Also this year should consider Klishas bill about blocking users of e-mail and instant messengers, but the State Duma Committee on State Construction and Legislation has already spoken disapprovingly about this idea. It is to be hoped that this bill will not be passed.

Digital financial assets

The bill is likely to be passed in the spring session “About digital financial assets”. This was recently stated by the chairman of the State Duma committee on the financial market. Prior to this, consideration of the bill was postponed several times. The text of the bill does not contain the concept of “cryptocurrency”, and its current version prohibits the issuance of tokens that can be used to pay.

Prime Minister Mikhail Mishustin, prior to his appointment to this post, stated that cryptocurrency transactions should be taxed. Perhaps in the future we will have a bill on taxation of transactions with digital assets.

Copyright

Offered bill on the protection of copyright and related rights to objects distributed in “software applications”. The copyright owner will be able to send notices of infringement of their rights to the hosting provider or the owner of the computer program. If the provider ignores the request, it will be sent to the telecom operator.

This bill is due to be considered in March. The government, in its response, demanded that it be finalized, since criteria are needed to identify the owner of the program and a financial and economic justification.

Electronic signature

Also, the deputies plan to consider the bill in the second reading. “About electronic signature” in terms of clarifying the grounds for terminating the validity of a qualified certificate. Now the signature certificate ceases to be valid if the accreditation of the center that issued it ends. The bill should solve this problem.

Source: habr.com

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