Personal data does not interfere with visas processing

23 october 2014 | ComNews

Head of the Directorate for Information Technologies of the Analytical Center Aleksey Khromov told ComNews about possible effect which adoption of amendments to the law “On Personal Data” will have on the situation with visas processing.

Aleksey Khromov
Aleksey Khromov
Directorate for Information Technologies

“The personal-data law makes personal data processors guarantee recording, systematization, accumulation, keeping, removing personal data of citizen of the Russian Federation with the use of data bases within the Russian jurisdiction. Adoption of amendments to the law “On Personal Data” will not affect existing order of visa processing in embassies and consular agencies of foreign countries”, commented the situation to ComNews Aleksey Khromov.

Embassies are not obligatory to obey this law and keep this data on the Russian territory, as in fact they are not the actual territory of the Russian Federation, they are under diplomatic inviolability, according to the expert.

“There is a possibility that the Federal Service for Supervision of Communications, Information Technology and Mass Media will limit access to data which is processed beyond the Russian Federation (embassy or consular agency site), which breaks section 5, article 18 of the personal-data law. The Service can inform hosting or its owner about violations. If no corrective actions are applied, the Service will ask home providers to block the site. All sites-violators will be listed in a “black book” - a register book for violators of personal data subjects’ rights”, said Mr. Khromov.

In suggested amendments (section 5, article 18), as exceptions, the requirements for processing of personal data to achieve goals which were set aside by international conventions and rules, for actualization and implementation of functions, authorities and responsibilities, which were given to the processor by the Russian regulation, were mentioned.

According to Vienna Declaration 1963, consular functions are: issuing passports and travel documents to citizens of sending state or visas and relevant documents to those who want to visit sending state. Therefore, visa processing in embassies and consular agencies fall outside the scope of these amendments.

“Problems with other services, e.g. hotel room booking, ticket booking, social network personal data keeping on servers beyond Russia, can be solved if foreign organization wants to remain in Russian market.

Homeland organizations will have to transfer data bases to computer aids situated within Russia, which can be carried out.

In some cases data reduction process and software and data support may need structural adjustments and upgrading. This will cause a problem – these changes will require additional financial costs, which not every organization will bear”, said Aleksey Khromov.