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Dmitry Sergeev2012-11-30 06:01:25
Law in IT
Dmitry Sergeev, 2012-11-30 06:01:25

Is it possible to warn the user that his data (ip, date of registration, etc.) was requested by the Ministry of Internal Affairs?

A letter was received from the Ministry of Internal Affairs of the city N, they say de criminal case number X was opened under article 128 part 2 of the Criminal Code of the Russian Federation (slander) with a request to send all user data. I want to notify the user that, at the request of the Ministry of Internal Affairs in criminal case number X, his data will be sent to him. But then a fork in the road turned out:
1. I will warn a possible hooligan that they are looking for him and a criminal case has been opened, which will allow him to at least be ready, as much as possible to hide. And it seems there is an article about "inserting spokes into the wheels" of the investigation.
2. I think the user needs to be notified because a third party asks for his personal data, and whether he is a bully has not yet been proven.
The user agreement contains a standard clause “provide all available information about the User to authorized state authorities in cases established by law.”

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6 answer(s)
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msuhanov, 2012-11-30
@JetMaster

No one will give you an unambiguous answer about the legality of warning the user about the request received in relation to him.
On the one hand, if the request contains a confidentiality requirement, then warning the user is unequivocally illegal (Article 15 of the Federal Law “On Investigative Activities”: “The legal requirements of officials of bodies engaged in operational-search activities are binding on individuals and legal entities, to which such requirements have been made).
On the other hand, if there is no such requirement, then there is no clear violation of the law. After all, responsibility for disclosing the data of a preliminary investigation arises only if the violator was warned about it in the manner prescribed by law (Article 310 of the Criminal Code). The same applies to obstruction of the preliminary investigation (part 2 of article 294 of the Criminal Code), since you do not have a clear desire to interfere with the investigation, i.e. there is no subjective part of the crime.
On the one hand, the lack of evidence of the accusations (suspicions) of a person is not a basis for refusing to provide information regarding him (otherwise, the investigation of crimes will be impossible: in order to find a criminal, you need to send a request, and in order to send a request, you need to already know the criminal), the same principle is enshrined in the legislation (FZ "On Investigative Activities", FZ "On Communications" and other laws). That is, the moral principle "but it has not been proven," stated in your paragraph 2, in my opinion, is incorrect.

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MikhailEdoshin, 2012-11-30
@MikhailEdoshin

Be warned, of course. “Slander” there, one must think, against some popularly elected or similar bastard - this article was added to the Criminal Code literally just now, in the month of July, the fines for it are from five hundred thousand to five million, I think everyone understands why it and against whom it will be applied.

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Mike_Bazhenov, 2012-11-30
@Mike_Bazhenov

Notify only not on behalf of the site ... Somehow, so that the conscience is clear :)

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Sicness, 2012-11-30
@Sicness

Perhaps a small contribution to the decision-making can be made by large companies in this parameter.

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jursovet, 2012-11-30
@jursovet

And it seems there is an article about "inserting spokes into the wheels" of the investigation.

In the Criminal Code of the Russian Federation there is a chapter " Crimes against justice ". In your situation, Art. 294 is closest - Obstruction of the administration of justice and the production of a preliminary investigation.
On the one hand, this can only be dragged into your actions to inform the user, and on the other hand, there is no guarantee that no one will want to do this.

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bdmalex, 2012-11-30
@bdmalex

And what does the law on personal data (152-FZ) say about your situation?

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