rights to privacy and data protection, the right to information, and secrecy of communications (Articles 23, 24, and 25).
The Law on Communications of 2003 44 further protects the secrecy of communications and guarantees that restrictions on individual privacy are allowed only after a
court order, unless otherwise envisioned by federal law. 45 To meet its obligations as a
member of the Council of Europe, Russia adopted the Law on Personal Data in 2006. 46
Although the law guarantees the privacy of the individual, it provides for broad exemptions to the government in processing personal data. Also in 2006, Russia modified its
information law, adopting the new Law on Information, Information Technologies,
and Protection of Information. 47 The new laws, together with the Labor Law, establish
a legal framework for handling personal data, including employee data. Russian experts
claim that even though the new law on information guarantees citizens’ access to public information held by federal or regional authorities, not more than 23.6 percent of
the relevant information is publicly available. 48
A presidential decree titled ‘‘Measures Providing Information Security to the Russian
Federation in the Information Exchange Area,’’ signed in May 2004, restricts the access
of officials’ computers to the Internet. 49 The decree prevents computers and communication networks from connecting to the Internet if they hold (have on their servers)
state and official secrets, as well as other classified information.
The Internet in Russia is largely seen as an extension of media space. The mass media
regime carries certain responsibilities, such as registration, necessary attestation, and
others. The Internet escaped regulation in the Law on Mass Media, No.2124-1, 50 as
the Law entered into force in 1991. However, it is held that the Internet should be
regulated under this law anyway. Article 2 of the law states that it shall cover ‘‘other
forms of periodic distribution of mass information’’ as purported by officials. 51 This
interpretation has given grounds for detaining and prosecuting Web site owners and
bloggers by authorities on the grounds of violation of media laws. Officials view Internet proliferation as increasing the government’s responsibility for regulating the Internet space and ensuring that users act in accordance with legal and ethical norms of
society. In at least one instance, the court included an online forum in the definition
of mass media, setting a precedent for prosecution under mass media provisions.
On several occasions, the authorities have expressed interest in subjecting content
on the Internet, specifically online media, to media law. Federation Council member
Vladimir Slutsker initiated amendments to the Law on Mass Media: one of the amendments provides that Web sites visited more than 1,000 times a day should be subjected
to registration as mass media outlets. 52 However, it was deemed impossible to find all
applicable sites and force Web site owners to register. For this reason, unofficially, it
was agreed that the Web sites would register only voluntarily as mass media. 53
According to its supporters, the envisioned proposal would give official recognition
to the registered Web sites and would be important for controlling child pornography
and defamatory materials, and even for providing information about terrorist and
Russia
215
The Law on Communications of 2003 44 further protects the secrecy of communications and guarantees that restrictions on individual privacy are allowed only after a
court order, unless otherwise envisioned by federal law. 45 To meet its obligations as a
member of the Council of Europe, Russia adopted the Law on Personal Data in 2006. 46
Although the law guarantees the privacy of the individual, it provides for broad exemptions to the government in processing personal data. Also in 2006, Russia modified its
information law, adopting the new Law on Information, Information Technologies,
and Protection of Information. 47 The new laws, together with the Labor Law, establish
a legal framework for handling personal data, including employee data. Russian experts
claim that even though the new law on information guarantees citizens’ access to public information held by federal or regional authorities, not more than 23.6 percent of
the relevant information is publicly available. 48
A presidential decree titled ‘‘Measures Providing Information Security to the Russian
Federation in the Information Exchange Area,’’ signed in May 2004, restricts the access
of officials’ computers to the Internet. 49 The decree prevents computers and communication networks from connecting to the Internet if they hold (have on their servers)
state and official secrets, as well as other classified information.
The Internet in Russia is largely seen as an extension of media space. The mass media
regime carries certain responsibilities, such as registration, necessary attestation, and
others. The Internet escaped regulation in the Law on Mass Media, No.2124-1, 50 as
the Law entered into force in 1991. However, it is held that the Internet should be
regulated under this law anyway. Article 2 of the law states that it shall cover ‘‘other
forms of periodic distribution of mass information’’ as purported by officials. 51 This
interpretation has given grounds for detaining and prosecuting Web site owners and
bloggers by authorities on the grounds of violation of media laws. Officials view Internet proliferation as increasing the government’s responsibility for regulating the Internet space and ensuring that users act in accordance with legal and ethical norms of
society. In at least one instance, the court included an online forum in the definition
of mass media, setting a precedent for prosecution under mass media provisions.
On several occasions, the authorities have expressed interest in subjecting content
on the Internet, specifically online media, to media law. Federation Council member
Vladimir Slutsker initiated amendments to the Law on Mass Media: one of the amendments provides that Web sites visited more than 1,000 times a day should be subjected
to registration as mass media outlets. 52 However, it was deemed impossible to find all
applicable sites and force Web site owners to register. For this reason, unofficially, it
was agreed that the Web sites would register only voluntarily as mass media. 53
According to its supporters, the envisioned proposal would give official recognition
to the registered Web sites and would be important for controlling child pornography
and defamatory materials, and even for providing information about terrorist and
Russia
215