The lawyer pointed out the consequences of stricter regulation of personal data.

In Russia, they want to launch guaranteed payments to victims of personal data leaks — strengthening the responsibility of operators has been discussed for several years. At the same time, in order to prevent leaks or minimize the consequences they lead to, operators need to apply protective measures that cost a lot of money. Sofia Luneva, senior associate at the BGP Labor Law Practice, told Izvestia on September 30.

"The finances of companies are not unlimited, and another tightening of regulation in the field of personal data may lead to the opposite effect: operators will seek to hide the facts of leaks rather than face a multiplication of responsibility – to the state, to subjects, to counterparties," she shared.

Luneva added that the mechanism for such compensation should take into account all the circumstances — the volume and significance of the compromised data, the channel of leakage and the nature of the negative consequences.

"As judicial practice shows, not in all cases the leak clearly violates the rights of the subject. Especially if he previously posted his data publicly," the lawyer clarified.

In her opinion, when introducing such responsibility, it is worthwhile to apply a risk-based approach, in which for certain sectors of activity — for example, e—commerce, banks and healthcare - such insurance would be a condition for reaching new levels and scaling the business.

For other operators, the availability of insurance or a special reserve fund in case of compensation for damage caused could be recognized as a significant mitigating circumstance when considering the type and amount of liability, Luneva admitted.

Personal data transferred: in the Russian Federation, they are preparing to launch insurance against data leaks

How will citizens be able to receive compensation and why is the refund not working now

Earlier in the day, the All-Russian Union of Insurers sent a proposal to the Federation Council to oblige personal data operators to insure risks or form a special fund for payments. Citizens will be able to apply for damages through Gosuslugi.

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