The long requested guidance to interpreting the Russian Data Localisation laws have now been released by the Ministry of Communications, just one month before the new law comes into force, which requires that organisations that collect personal data from individuals in Russia store that data within Russian territory.
The guidance is non-binding, but these are the only clarifications that have been published and provide some insight into how the Ministry may interpret the laws and how they expect organisations to comply with the law. The guidance is only available in Russian at the present time and reviews are ongoing.
Organisations should be aware that Roskomnadzor, the Russian data protection authority, is still to issue any clarifications/guidance of its own, though it has given indications of its position in meetings with industry and trade associations.
In the context of pre-employment screening, it is interesting to see that the Ministry and Roskomnadzor differ in their approach to employee data, with the former maintaining that employee data is exempted from the data localisation law…….further blog posts to follow!
Please be advised that this is being provided for informational purposes only. It is not intended to be comprehensive and should not be construed or relied upon as legal advice. As with all legal issues, we recommend you consult your legal counsel.