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z1nkum2011-11-29 09:49:51
Telecom operators
z1nkum, 2011-11-29 09:49:51

Secrecy of communication vs the Federal Law "On operational-search activity"?

The telecom operator receives a request from the authorities to provide data about customers accessing a certain resource on the Internet (a certain domain name) in the period of interest.
In the text of the request, there is a reference to paragraphs 1 and 2 of Article 7 of the Federal Law “on operational-search activities”. The request itself is included in the "inquiry" activity.
Question: is such a request the basis for the transfer of the requested data?

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4 answer(s)
A
anmipo, 2011-11-29
@anmipo

In the same law there is an interesting article 8 :

Conducting operational-search measures that restrict the constitutional rights of a person and a citizen to the secrecy of correspondence, telephone conversations, postal, telegraphic and other messages transmitted over electric and postal networks , as well as the right to inviolability of the home, is allowed on the basis of a court decision ...

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nikodim, 2011-11-29
@nikodim

Undoubtedly. Naturally, the request must be on official letterhead and with details.

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Maxim Shishkin, 2011-11-29
@lsoul

Do not be like a known office that closed a known site on a useless piece of paper by an investigator. Only courts.

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mihavxc, 2011-11-29
@mihavxc

Just a request is not a reason, you need a corresponding court decision. You can refer to the same FZ-152

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