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1 year ago
The State Duma in the third reading adopted the law according to which the search engine can be fined one million rubles in case of refusal to delete information on request of the person. Yandex considers that the law contradicts the Constitution and is technically unrealizable.

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The right to oblivion — a human right to demand removal of personal data from issue of searchers. It is about links to outdated, inappropriate, incomplete, inaccurate or redundant information which can do harm to the person. This right for citizens of Europe was reserved by court of the European Union in 2014 when precedent in the matter of Mario Costej Gonsalez was created. The claimant in 2010 found out that Google at the request of his name and a surname issues the link to the newspaper website with the declaration of 1998 in which it was spoken about his arrest at home in connection with debts. He demanded to delete information in connection with loss of its relevance at department on protection of personal data of Spain, Google appealed against a solution, and the European court obliged search engines to control collecting and information storage.

According to the new law adopted by the State Duma of the Russian Federation in the third reading for ignoring of the address of the user the penalty from 80 to 100 thousand rubles is provided. After the successful requirement of removal of information through court the penalty will make from 800 thousand rubles to one million. Unreliable information is subject to removal and data on events are more senior than three years. The duty to solve what data are doubtful, will lay down on search engines.

Yandex scarified the law. According to specialists of the company, execution of this law contradicts the Constitution of Russia and it is technically impossible. The company prepared the conclusion. Main points of the conclusion:
  • The bill violates a constitutional right of citizens on search and receipt of information. If the Bill is adopted, search of a big array of socially significant and reliable information will be complicated.
  • The bill assigns to operators of search engines which are the commercial organizations, functions unusual for them.
  • Technical implementation of the Bill is impossible since. The bill does not consider technical features of distribution of information on the Internet and features of functioning of search engines.
  • The bill opens opportunities for abuses, including for fight against competitors.
  • Determinations which are used in the Bill are incorrect.
  • The offered concept and formulations of the Bill also significantly differ from the European law-enforcement practice.

This article is a translation of the original post at geektimes.ru/post/268156/
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