Russia: Exemption for Archival Processing

The exemption for archival processing in Russia is a key factor in delineating the applicability of the Federal Law on Personal Data. This exemption pertains to activities related to the arrangement, storage, compilation, registration, and use of archival documents containing personal data, in accordance with specific legislation on archiving.

Text of Relevant Provisions

Referenced Provision(s):

*"2. The operation of this Federal Law does not apply to activities related to:

1. Arrangement of storage, compilation, registration, and use of personal data contained in files kept by the Archival Fund of the Russian Federation and in other archive files in accordance with the legislation on archiving in the Russian Federation;"*

Original (Russian):

*"2. Действие настоящего Федерального закона не распространяется на отношения, возникающие при:

1. организации хранения, комплектования, учета и использования содержащих персональные данные документов Архивного фонда Российской Федерации и других архивных документов в соответствии с законодательством об архивном деле в Российской Федерации;"*

Analysis of Provisions

The provision in Article 1(2)(2) of the Federal Law on Personal Data explicitly states that the law does not cover activities related to the arrangement, storage, compilation, registration, and use of personal data within the Archival Fund of the Russian Federation and other archive files. These activities are governed by the legislation on archiving in Russia, not the general data protection law.

• Archival Data Exemption: This exemption clearly demarcates the boundary between general data protection activities and archival activities. The arrangement, storage, compilation, registration, and use of archival documents containing personal data are excluded from the scope of the Federal Law on Personal Data, ensuring that archival data are managed under specialized regulations.
• Specialized Legislation: Archival documents, due to their historical, cultural, or administrative significance, require a different regulatory framework. The exemption ensures that the management of such documents adheres to specific archival laws, which are designed to address the unique needs and considerations of archival materials.

The rationale behind this exemption is to balance the protection of personal data with the necessity of preserving and managing archival documents effectively. Archival documents often serve public interest purposes, such as historical research and cultural preservation, which necessitate a distinct set of regulations.

Implications

For businesses and organizations involved in data processing, it is essential to understand that personal data contained in archival documents are not subject to the general Federal Law on Personal Data. Instead, these activities must comply with the specific regulations governing archival management.

• Compliance Requirements: Organizations must ensure that their data processing practices involving archival documents align with the relevant archival legislation. This may involve different standards and protocols compared to the general data protection laws.
• Data Handling Practices: Companies need to implement data handling practices that adhere to the archival laws, which might include specific measures for data preservation, access, and usage.
• Legal Accountability: Non-compliance with the specialized archival regulations can lead to significant legal consequences. Organizations need to be vigilant in ensuring that their practices meet the requirements of these specific laws.

In summary, the exemption for archival processing in Russia's Federal Law on Personal Data clearly delineates the scope of the law, ensuring that archival documents are regulated by specialized legislation that addresses their unique needs and significance.