How Russia's Article 10.1 on Personal Data Dissemination Emerged: Legislative History and Reform Flaws
The article examines the origins of Article 10.1 in Federal Law 152-FZ, introduced via bill 1057337-7 by deputy Anton Gorelk in in November 2020. It traces how the reform aimed to separate publication, access, extraction, and reuse of personal data but retained outdated definitions from the original law and added exceptions that created contradictions. The piece details pre-reform court rulings, including Supreme Court decisions confirming that open internet profiles do not automatically qualify as publicly available data under Article 8. It highlights the committee's own admission that the bill failed to meet its stated goals and the Legal Department's warning about inconsistent terminology around 'access' and 'transfer'. The resulting 519-FZ law is described as an imprecise attempt to solve real control problems with unsuitable conceptual tools, leaving operators unable to apply the rules consistently.
HabrJul 25, 2026Translated from Russian