Russia: State Secrets Exemption under the Federal Law on Personal Data

The State Secrets Exemption in Russia's Federal Law on Personal Data excludes the application of the law to the processing of personal data that is classified as state secrets. This exemption is crucial for ensuring that sensitive information related to national security is governed by a distinct and more stringent legal framework.

Text of Relevant Provisions

Federal Law on Personal Data № 152 - FZ Art.1(2)(4):

"The operation of this Federal Law does not apply to activities related to:4) Processing of personal data according to the established procedure for information that contains state secrets;"

Original (Language):

"Действие настоящего Федерального закона не распространяется на отношения, возникающие при:4) обработке персональных данных, отнесенных в установленном порядке к сведениям, составляющим государственную тайну."

Analysis of Provisions

• State Secrets Exemption: Article 1(2)(4) of the Federal Law on Personal Data specifically exempts the processing of personal data that is classified as state secrets from the scope of the law. This provision clearly delineates that any personal data identified as state secrets according to the established legal procedures is not subject to the general regulations governing personal data processing in Russia.
• Legal Framework and Rationale: The rationale behind this exemption is to ensure that data related to national security is handled under a separate, more secure legal framework that is designed to protect state secrets. The processing of such data is likely to involve sensitive information that, if exposed, could compromise national security. Therefore, this exemption serves to protect the confidentiality and integrity of state secrets by excluding them from the broader data protection regime.
• Scope and Interpretation: The exemption applies strictly to personal data classified as state secrets under the Law of the Russian Federation “On State Secrets.” This means that any data processing activities involving state secrets are regulated by specific laws and procedures aimed at safeguarding national security interests. This provision ensures that the general data protection obligations do not interfere with the specialized handling of state-sensitive information.

Implications

• For Businesses: Companies involved in processing data that may be classified as state secrets must be particularly vigilant about complying with the specific requirements under the Law on State Secrets rather than relying solely on the general data protection law. Failure to properly classify and handle such data could lead to severe legal and national security consequences.
• Compliance Challenges: Businesses must ensure that they have robust procedures in place to identify and segregate data that falls under the state secrets category. This may require collaboration with government authorities to ensure proper classification and compliance with national security laws.