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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 20, 2021 No. 1801

About approval of Rules of identification of users of the Internet by the organizer of service of instant messaging

According to Item 1 of part 4.2 of article 10.1 of the Federal law "About Information, Information Technologies and on Information Protection" Government of the Russian Federation decides:

1. Approve the enclosed Rules of identification of users of the Internet as the organizer of service of instant messaging.

2. Recognize invalid the order of the Government of the Russian Federation of October 27, 2018 as No. 1279 "About approval of Rules of identification of users of the Internet by the organizer of service of instant messaging" (The Russian Federation Code, 2018, No. 46, the Art. 7043).

3. Item 1043 of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, the decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the order of the Government of the Russian Federation of December 31, 2020 No. 2467 "About approval of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts are not applied separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" are not applied (Russian Federation Code, 2021, No. 2, Art. 471), to exclude.

4. This resolution becomes effective since March 1, 2022 and is effective till March 1, 2028.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of October 20, 2021 No. 1801

Rules of identification of users of the Internet by the organizer of service of instant messaging

1. These rules determine procedure for identification of users of the Internet by the organizer of service of instant messaging (further - identification).

The concepts "organizer of service of instant messaging" and "user of service of instant messaging" are used in these rules in the values established by part 4.2 of article 10.1 of the Federal law "About Information, Information Technologies and on Information Protection".

2. The organizer of service of instant messaging performs identification of users of service of instant messaging by reliable establishment of the data on subscriber number of mobile radiotelephone communication (further - subscriber number) according to these rules based on the agreement on identification signed by the organizer of service of instant messaging with the operator of mobile radiotelephone communication, except as specified provided by the Federal Law "About Information, Information Technologies and on Information Protection".

3. For the purpose of identification implementation the subscriber number selected to the user of service of instant messaging is provided by the user of service of instant messaging to the organizer of service of instant messaging.

For confirmation of subscriber number the organizer of service of instant messaging suggests the user to make the actions with use of this subscriber number allowing to determine authentically that the reported subscriber number in case of registration in service of instant messaging is used by the user.

4. When implementing identification the organizer of service of instant messaging directs on the electronic communication links specified in the agreement on identification, to the operator of mobile radiotelephone communication request about provision of data on availability or about absence in databases about subscribers of the telecom operator (further - databases) the information about the subscriber (about the user) subscriber number which are provided to the telecom operator according to rules of rendering services of telephone communication, telematic communication services and communication services on data transmission.

In case of receipt of request from the organizer of service of instant messaging the operator of mobile radiotelephone communication shall provide to the organizer of service of instant messaging information on availability (about absence) in databases of information about the subscriber (about the user) subscriber number within 20 minutes from the moment of receipt of the specified request on the electronic communication links specified in the agreement on identification.

5. In case of non receipt of information from the operator of mobile radiotelephone communication in time, stipulated in Item 4 these rules, or receipt of information from the operator of mobile radiotelephone communication on absence in databases of information about the subscriber (about the user) subscriber number which shall be provided to the telecom operator according to rules of rendering services of telephone communication, telematic communication services and communication services on data transmission identification is considered not passed.

The organizer of service of instant messaging not allow transfer of electronic messages to users of service of instant messaging without passing of the procedure of the identification established by these rules.

6. In case of availability in databases of information about the subscriber (about the user) subscriber number the operator of mobile radiotelephone communication makes entry in databases about use of subscriber number by the user of service of instant messaging with indication of the name of the organizer of service of instant messaging, and also the unique code of identification selected to the user of service of instant messaging which is provided by the organizer of service of instant messaging to the operator of mobile radiotelephone communication according to the procedure established in the agreement on identification.

7. In case of agreement cancelation between the subscriber who underwent the procedure of identification provided by these rules, and the operator of mobile radiotelephone communication or change of information about the subscriber (about the user) subscriber number the operator of mobile radiotelephone communication within a day notifies on it the organizer of service of instant messaging.

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