Court Determines "Declarator" Breached Personal Data Legislation
The "Declarator" project, which collects open data on the incomes and property of Russian public officials, has found itself in the midst of a legal battle. The project, which includes data on deputies, officials, judges, and other key figures, has been granted the status of a 'third party' in court proceedings.
The saga began on May 12, when the Astrakhan Regional Prosecutor's Office filed a lawsuit against the project. On August 12, the Astrakhan Regional Court upheld the prosecutor's claim, stating that the "Declarator's" activities potentially violate the rights of personal data subjects.
Initially, the "Declarator" project was not a party in the court process. However, it has since been recognised as a defendant in the case. The project argues that it does not require consent from the data subject for processing data that has become accessible due to its disclosure in accordance with federal laws.
The prosecutor's office, on the other hand, concluded that "Declarator's" activities are in breach of the Personal Data Law. In addition, they sought to compel Roskomnadzor, the Russian federal service for supervision in the sphere of communications, information technology, and mass media, to restrict access to the "Declarator" site.
The agency contacted some individuals whose data was published by "Declarator," and they confirmed the "fact of lack of consent" for publication. The "Declarator" project's site contains information about 1.3 million people. In mid-May, the court adopted interim measures in the case and ordered the site to be blocked.
The current legal environment in Russia poses significant risks and potential legal consequences for the "Declarator" project. The Russian government has increasingly intensified state control over the internet, implementing stringent censorship laws and technological measures aimed at regulating and suppressing information that the government deems sensitive or undesirable.
This includes blocking websites, throttling access, and prosecuting individuals or organizations perceived as critical or oppositional. Publishing open data on officials' incomes, which may be viewed as exposing government activities or corruption, can attract scrutiny under laws targeting "undesirable" content or extremist associations.
Considering these factors, "Declarator" risks being blocked, having its data removed, or facing legal persecution under laws aimed at combating “undesirable” information or extremism, especially if the published information is considered politically sensitive or critical of officials. Russian authorities could potentially pursue charges related to violations of information laws or extremism statutes, as has occurred with journalists and anti-corruption platforms.
There is no indication in the current search results of any new laws specifically permitting or protecting the publication of official income data. Instead, the trend is toward increased restriction and control over publicizing government-related financial information.
Therefore, the legal implications include the likelihood of state censorship, potential website blocking, and criminal or administrative liability for the publishers under Russia’s expanding digital repression and internet control laws. This environment severely threatens digital transparency initiatives such as those attempted by the Declarator website.
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