Yarovaya Law

Beginning 01.07.2018, the “Yarovaya Project” (or “Yarovaya Law”) is in effect in Russia, under which all mobile operators must store their subscribers’ data for six months:

• internet traffic;
• talks;
• SMS;
• audio files;
• video and other data.

All of the above information will be shared with law enforcement officials upon request. Storage capacity (data storage systems) will be increased by 15% annually.

For more details on the innovations

. The amendments that the “Yarovaya Law” makes to the current legislation of the Russian Federation can be summarized as follows:

1. Law enforcement agencies are given more powers.
2. Cellular operators and web resources are subject to different requirements regarding the equipment used and data storage periods.
3. Mail carriers and freight forwarders are also subject to new requirements.
4. Religious and missionary activities of organizations will be tightly controlled.

Among the most important innovations are the increase in the term for some criminal articles, the introduction of a ban on entry and exit from the country, an increase in the period of storage of data of their subscribers by mobile operators (from 6 months to 3 years), permission for authorized persons to receive from the operator electronic correspondence of subscribers, liability under the Criminal Code for non-compliance with the law.

Important features of the innovations

“Yarovaya Package” includes 2 drafts:

1. # 1039101-6 to Federal Law 375 “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation in terms of establishing additional measures to counter terrorism and ensure public safety.”
2. No. 1039149-6 to Federal Law 374 “On Amending Certain Legislative Acts of the Russian Federation with Respect to Establishing Additional Measures to Combat Terrorism and Ensure Public Security”

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The first draft amended the Criminal Code of the Russian Federation and added 3 additional violations for which criminal liability is threatened:

1. Aiding extremists in their activities.
2. Ignoring the obligation to report terrorist acts.
3. Committing a terrorist act of international concern.

According to amendment No. 1039149-6 of the “Yarovaya Law”, now every operator must store SMS and conversations of its subscribers for the period of time established by the Russian government (up to 6 months), and data regarding the reception, sending and processing of SMS and calls – up to 3 years.

Online projects

. Under this project, all online services are required to provide law enforcement agencies with the following data about their users upon request:

• nickname;
• date of birth;
• First name;
• passport details;
• the languages spoken by the user;
• email address;
• list of relatives;
• texts of personal correspondence;
• date and time of login, etc.

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On 12.04.2018, the Russian Government decided that from 01.10.2018, cellular operators are obliged to increase their storage capacity by 15% per year.