This chapter considers the legal framework of data protection in Russia. The adoption of the Yarovaya laws, data localization requirement, and enactment of sovereign Runet regulations allowing for isolation of the internet in Russia paint a grim representation of state control over data flows in Russia. Upon closer examination, it can be seen that the development of data protection in Russia follows many of the steps taken at the EU level, although some EU measures violated fundamental rights and were invalidated. Specific rules in this sphere in Russia are similar to the European General Data Protection Regulation. This chapter shows the special role of Roskomnadzor in forming data protection regulations by construing vaguely defined rules of legislation.
Russian state has been intensively digitalizing in past decades. The “Electronic Government” program has achieved impressive results in moving legal processes and services online by creating a system of digital platforms to manage individuals’ and businesses’ access to justice (such as services Moi Arbitr or GAS Pravosudie), as well as offer other legal instruments (such as legal documents in digital form). However, these achievements have come at significant cost for law, the legal system, and public entities and private individuals, especially in a situation of authoritarian political framework. Firstly, Russian law has become hyperformalized, which is necessary for smooth digital processing. Secondly, electronic justice has increased access to justice and legal services in terms of time efficiency, but also damaged quality and contents of law. Thirdly, digitalization of law has brought a new level of surveillance, censorship, and information controls that was not available before. The law serves as an instrument of political manipulation, which leads to even further formalization of procedures and uses of e-justice to curtail freedoms of speech and other human rights.
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