5/24/2019
CLFR - Russia | Global Network Initiative
Federal Government of Russia, and the Government Commission on Federal Communications and Information Technology is tasked with oversight of this.
This oversight procedure for interception and censorship activities is also used to oversee such activities undertaken on the grounds of national security or in a time of public emergency.
FEDERAL LAW NO. 40-FZ DATED 3 APRIL 1995 (THE “LAW ON THE FEDERAL SECURITY
SERVICE”)
Under article 6 of the Law on the Federal Security Service, where a Network Operator believes that the regional department of the Federal Security Service has imposed excessive demands on its network, it may make
a claim with the central office of the Federal Security Service or file a claim at court to recover damages.
FEDERAL CONSTITUTIONAL LAW NO 1.FKZ DATED 30 JANUARY 2002 (THE “LAW ON MARTIAL LAW”) AND FEDERAL LAW NO. 35-FZ DATED 6 MARCH 2006 (THE “LAW ON COUNTERTERRORISM”)
If a Network Operator believes that a request from an SIA under article 7 of the Law on Martial Law or under article 11 of the Law on Counter-Terrorism (to censor communications under martial law and to control
communications for the purposes of combatting terrorism respectively) is groundless or excessive, they may
file a claim at court.
It is worth noting, as above, that in many circumstances the Network Operator will not be notified of actions
taking place on its network. It is only, therefore, in respect of requests for which they have been notified that
this provision is likely to apply in practice.
PUBLICATION OF LAWS AND AGGREGATE DATA RELATING TO LAWFUL INTERCEPT
AND COMMUNICATIONS DATA REQUESTS
FEDERAL LAW NO. 126-FZ DATED 7 JULY 2003 (THE “LAW ON COMMUNICATIONS”) AND
FEDERAL LAW NO. 149-FZ DATED 27 JULY 2006 (THE “LAW ON INFORMATION”)
Publication of aggregate data
Russian law is silent on the specific question of whether licensed operators of telecommunications networks
(“Network Operators“) or unlicensed internet services providers that do not operate a telecommunications
network (“Pure Internet Service Providers“) may publish aggregate data relating the number of requests government agencies have made for metadata or how many interceptions of communications have been made (to
the extent they have this information).
However, article 64 of the Law on Communications and Article 10.1 of the Law on Information states that
Network Operators or Pure Internet Service Providers may not provide information about any tactical or orhttps://globalnetworkinitiative.org/clfr-russia/
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