09.09.2015 Natalia Zelentsova, associate at Maxima Legal

The Russian Federation Reinforces the “Oblivion Law” by Legislation

Federal law No.264-F3 of 13.07.2015 “On Information, Information Technologies and Protection of Information” and Articles 19 and 402 of the Russian Federation Civil Procedural Code, commonly known as the “oblivion law”, come into force on 1 January 2016.

The “oblivion law” means the right of citizens to require search systems not to divulge information about them. A citizen may require the operator of a search system, with the exception of information systems used for state and municipal functions, to remove references to material:

• with inaccurate information;

• with information that is no longer relevant to the applicant, with the exception of information concerning events containing indications of actions punishable by law where the period of criminal responsibility has not expired and information concerning the commission of a civil crime where a conviction has not been lifted or cancelled;

• with information whose promulgation infringes Russian Federation legislation.

In order for a search system operator to remove such information, a citizen must submit an application detailing the reasons why he or she wishes to prevent the promulgation of references, the information for which the applicant wishes to remove the references, and the actual references which the search system operator should remove.

The search system operator must consider the application within ten working days and has the right during this period to demand essential information from the applicant (documents establishing identity, additional references and detailed reasons). At the end of this period the search system operator must either remove the references or send a reasoned refusal. If the applicant considers the search system operator’s refusal to be unfounded, he or she has the right to apply for a court order preventing references to the information indicated in the applicant’s demand.

It should also be noted that the search system operator must not reveal that the applicant has applied to him with the relevant demand.
See: Federal Law No.264-F3 of 13.07.2015 “On Changes to the Federal Law ‘On Information, Information Technologies and Protection of Information’ and Articles 29 and 402 of the Russian Federation Civil Procedural Code”.