5/24/2019 CLFR - Russia | Global Network Initiative Under the requirements in the Rules of Cooperation, the Network Operators must ensure that their networks are capable of transferring data to the SIAs.  To do this, the Network Operator must connect its network to a control hub managed by the competent SIA.  The exact requirements of the connecting link between the control hub and the relevant telecommunications network are designated on a regional basis by the Federal Security Services. Similar provisions apply to unlicensed Pure Internet Service Providers under the Rules of Cooperation for Pure Internet Service Providers. However, the specific technical requirements applicable to both equipment and software have not yet been published and it is unclear precisely when they will be finalised. DISCLOSURE OF COMMUNICATIONS DATA FEDERAL LAW NO. 144-FZ DATED 12 AUGUST 1995 (THE “LAW ON INVESTIGATIVE ACTIVITIES”) Under article 8 of the Law of Investigative Activities, state investigatory authorities (see paragraph 1.1 above, the “SIA“s) may access metadata held by licensed operators of telecommunications networks (“Network Operators“) as part of their investigations.  The procedure for accessing such data differs from that for intercepting private communications, however, because article 8 of the Law on Investigative Activities is limited to the content of communications.  Therefore, the SIA does not require a court order to access this communications data. FEDERAL LAW NO. 149-FZ DATED 27 JULY 2006 (THE “LAW ON INFORMATION”) AND RULES APPROVED BY THE DECREE OF THE GOVERNMENT OF THE RUSSIAN FEDERATION NO. 538 DATED 27 AUGUST 2005 (THE “RULES OF COOPERATION”) Article 10.1 of the Law on Information, point 14 of the Rules of Cooperation, points 7 and 8 of the requirements adopted by the Order of the Ministry of Information Technologies and Communications No. 6 dated 16 January 2008 and point 3 of the requirements adopted by Order of the Ministry of Information Technologies and Communications No. 73 dated 27 May 2010 state that the laws relating to interception activities also apply to the access to communications data.  Furthermore, they set out a non-exhaustive list of what is defined as communications data, and therefore may be accessed by the SIAs.  This includes data relating to the identity of all parties to a communication, the time and duration of a communication, and the geographical position from where the communication was made. Under Section 12 of the Rules of Cooperation, all communications data should be kept up to date and should be retained by Network Operators for three years.  As set out in paragraph 1.3 above, article 10.1 of the Law on Information sets out a similar provision for unlicensed internet service providers and Network Operators providing internet services outside the scope of their licence. They are only required to retain communications data for six months. During this period of retention this data may be accessed by an SIA in accordance with the procedures set out in paragraphs 1.1 to 1.4 above. https://globalnetworkinitiative.org/clfr-russia/ 3/9