FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2022 No. 572-FZ

About implementation of identification and (or) authentication of physical persons with use of biometric personal data, about modification of separate legal acts of the Russian Federation and recognition voided separate provisions of legal acts of the Russian Federation

Accepted by the State Duma on December 21, 2022

Approved by the Federation Council on December 23, 2022

Article 1. Coverage of this Federal Law

1. This Federal Law governs the relations arising when implementing identification and (or) authentication of physical persons with use of biometric personal data with use of the state information system "Single System of Identification and Authentication of Physical Persons with Use of Biometric Personal Data" and also in case of its interaction for the purpose of implementation of authentication with use of biometric personal data of physical persons with information systems of accredited state bodies, the Central bank of the Russian Federation in case of passing of accreditation by it, the organizations performing authentication on the basis of biometric personal data of physical persons.

2. Provisions of this Federal Law do not extend:

1) on the relations arising when implementing identification and (or) authentication with use of biometric personal data of physical persons for the purpose of:

a) operational and investigation, counterintelligence or intelligence activities;

b) defenses of the country, safety of the state and protection of law and order, realization of foreign policy;

c) functioning of the state system of migration and registration registration, and also production, registration and control of the circulation of identity documents;

d) ensuring sanitary and epidemiologic wellbeing;

2) on the relations arising when implementing identification and (or) authentication if when implementing identification and (or) authentication check of compliance of the provided biometric personal data of physical person to its biometric personal data containing in information system of state body, local government body, Central bank of the Russian Federation, the organization, the individual entrepreneur, notary is not performed by the automated method, and is performed with participation of the authorized officer.

Article 2. The basic concepts used in this Federal Law

In this Federal Law the following basic concepts are used:

1) accredited state bodies - the state bodies owning the information systems providing authentication of physical persons with use of vectors of single biometric system, and (or) the performing functions of their operator which underwent accreditation on right of possession such information systems and (or) implementation of functions of their operators according to the procedure, established according to this Federal Law;

2) authentication - set of actions for check of person on accessory to it identifiers by means of their comparison to information about person which person who is carrying out authentication and to establishment of legitimacy of ownership of person of identifiers by means of use of the authenticating signs within the procedure of authentication therefore person is considered established has;

3) vector of single biometric system - the personal data obtained as a result of mathematical transformation of the biometric personal data of physical person containing in single biometric system which is made with use of the information technologies and technical means conforming to the requirements determined according to the subitem "e" of Item 1 of part 2 of article 6 of this Federal Law;

4) single biometric system - the state information system "Single System of Identification and Authentication of Physical Persons with Use of Biometric Personal Data" which contains biometric personal data of physical persons, vectors of single biometric system and other information provided according to part 16 of article 4 of this Federal Law which is used for the purpose of implementation of identification, authentication with use of biometric personal data of physical persons, and also in other legal relationship in the cases established by the legislation of the Russian Federation and which operator is the organization determined by the Government of the Russian Federation;

5) single system of identification and authentication - the federal state information system "Single System of Identification and Authentication in the Infrastructure Providing Information and Technological Interaction of the Information Systems Used for Provision of the State and Municipal Services Electronically" providing the authorized information access, containing in information systems;

6) the identifier - the unique designation of information about person necessary for determination of such person;

7) identification - set of actions for establishment of information about person and their check performed according to the Federal Laws and regulatory legal acts adopted according to them and to comparison of these data to the identifier;

8) mobile application of single biometric system - the Russian program for electronic computers intended for processing of biometric personal data, which is part of single biometric system, provided on a grant basis by her operator, functioning using the cryptography (cryptographic) tools specified regarding 1 article 19 of this Federal Law;

9) the operator of regional segment of single biometric system - the executive bodies of the subject of the Russian Federation or public institution subordinated to it or the state unitary enterprise determined by the supreme executive body of the subject of the Russian Federation, performing creation, development, upgrade and operation of regional segment of single biometric system and which are owners of technical means, including program technical means, and also programs for the electronic computers intended for processing of biometric personal data, the vectors of single biometric system used in regional segment of single biometric system;

10) the organizations performing authentication on the basis of biometric personal data of physical persons, - the organizations owning the information systems providing authentication on the basis of biometric personal data of physical persons, and (or) the rendering services in authentication on the basis of biometric personal data of physical persons which are applying vectors of single biometric system to these purposes and underwent accreditation according to the procedure, established according to this Federal Law;

11) regional segment of single biometric system - element of single biometric system which contains information provided according to part 16 of Article 4 and article 5 of this Federal Law which operator is the executive body of the subject of the Russian Federation or public institution subordinated to it or the state unitary enterprise performing creation, development, upgrade, operation and other powers of the operator of such segment which is used for implementation of authentication and in which the technical means, including program technical means, and programs for electronic computers intended for processing of biometric personal data, vectors of single biometric system are used.

Article 3. General provisions

1. The single biometric system is used for implementation of identification and (or) authentication of physical persons by state bodies, local government bodies, the Central bank of the Russian Federation, banks, other credit institutions, not credit financial credit institutions which perform the types of activity specified in part one of article 76.1 of the Federal Law of July 10, 2002 to No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)", the subjects of national payment system, persons rendering professional services in the financial market (further - the organizations of the financial market), other organizations, individual entrepreneurs, notaries.

2. The single biometric system can be used in other legal relationship in the cases established by the legislation of the Russian Federation.

3. The regulations on single biometric system, including on its regional segments, affirm the Government of the Russian Federation in coordination with the federal executive body authorized in the field of safety and the Central bank of the Russian Federation.

4. In single biometric system biometric personal data of the following types take place and processed:

1) the image of human face received by means of photovideo units;

2) the record of voice of the person received by means of sound recording devices.

5. Provisions of article 11 of the Federal Law of July 27, 2006 No. 152-FZ "About personal data" and the measures for safety of biometric personal data in case of their processing established according to article 19 of the Federal Law of July 27, 2006 No. 152-FZ "About personal data" are not applied to vectors of single biometric system.

6. When processing biometric personal data in single biometric system, including in its regional segments, their interaction with other information systems the organizational and technical measures for safety of personal data established according to part 4 of article 19 of the Federal Law of July 27, 2006 No. 152-FZ "About personal data" shall be applied and to be used the cryptography (cryptographic) tool determined by Item 5 of part 2 of article 6 of this Federal Law or the cryptography (cryptographic) tools allowing to ensure safety of personal data from threats, certain:

1) for state bodies, local government bodies, the Central bank of the Russian Federation, the organizations, except for the organizations of the financial market, individual entrepreneurs, notaries according to item 4 of part 2 of article 6 of this Federal Law;

2) for the organizations of the financial market according to Item 1 of part 4 of article 7 of this Federal Law;

3) for public authorities of subjects of the Russian Federation, the organizations, local government bodies subordinated to them, the organizations subordinated to them, other organizations specified in parts 15 and 16 of article 5 of this Federal Law according to part 18 of article 5 of this Federal Law.

7. The banks, the multipurpose centers of provision of the state and municipal services and other organizations placing data in single biometric system, state bodies, local government bodies, the Central bank of the Russian Federation, the organization, the individual entrepreneurs, notaries using single biometric system for the purpose of identification and (or) authentications, public authorities of subjects of the Russian Federation, the organizations, local government bodies subordinated to them, the organizations, other organizations subordinated to them using regional segments of single biometric system for the purpose of authentication and also the operator of single biometric system, the operator of regional segment of single biometric system when processing according to biometric personal data vectors of single biometric system perform the functions in accordance with the legislation of the Russian Federation about personal data and requirements of this Federal Law.

8. In single biometric system, including in its regional segments, in information systems, on right of possession by which and (or) implementation of functions of operators of which state bodies, the Central bank of the Russian Federation were accredited according to this Federal Law of the organizations performing authentication on the basis of biometric personal data of physical persons, the organizations of the financial market, other organizations, individual entrepreneurs, notaries processing, including collection and storage is forbidden for the purpose of implementation of identification and (or) authentication, to genomic information, the data carried to the state secret, and also data allowing to refer physical persons to separate categories of physical persons which participation in legal relationship is regulated by the Law of the Russian Federation of July 21, 1993 No. 5473-I "About organizations and bodies of criminal executive system of the Russian Federation" The Federal Law of July 15, 1995 No. 103-FZ "About detention of suspects and the crimes accused of making", the Federal Law of April 3, 1995 No. 40-FZ "About the Federal Security Service", the Federal Law of April 20, 1995 No. 45-FZ "About the state protection of judges, officials of law enforcement and monitoring bodies", the Federal Law of August 12, 1995 No. 144-FZ "About operational search activities", the Federal Law of January 10, 1996 No. 5-FZ "About foreign intelligence", the Federal Law of May 27, 1996 No. 57-FZ "About the state protection", the Federal Law of August 20, 2004 No. 119-FZ "About the state protection of the victims, witnesses and other participants of criminal trial", the Federal Law of February 7, 2011 No. 3-FZ "About police", The Federal Law of July 3, 2016 No. 226-FZ "About troops of national guard of the Russian Federation".

9. The federal executive bodies authorized in the field of safety, activities of troops of national guard of the Russian Federation, ensuring the state protection, the state protection and foreign intelligence, execution of criminal penalties concerning convicts have the right:

1) to send motivated inquiry to the operator of single biometric system, the operator of regional segment of single biometric system for blocking, for removal, destruction of biometric personal data of the certain physical persons specified in part 8 of this Article about modification of the data containing in single biometric system, regional segment of single biometric system, in cases, stipulated by the legislation the Russian Federation;

2) to process the data specified in Item 1 of this part in cases and according to the procedure which are stipulated by the legislation the Russian Federation.

10. The exclusive and other intellectual rights belonging to the Russian Federation on the programs for electronic computers created or acquired at the expense of means of the federal budget and other results of intellectual activities, and also means of individualization equated to them connected with upgrade and development of single biometric system can be aloof (are transferred) only to the operator of single biometric system. The operator of single biometric system has no right to alienate (to transfer) the specified rights to the third parties. In case of the termination of implementation of functions of the operator of single biometric system the specified rights are subject to alienation (transfer) of the Russian Federation.

11. Provision of the biometric personal data by physical persons for the purpose of provided by this Federal Law cannot be obligatory.

12. State bodies, local government bodies, the Central bank of the Russian Federation, the organization of the financial market, other organizations, individual entrepreneurs, notaries have no right to cause rendering the state, municipal and other services provided by them, accomplishment of the state, municipal functions, sales of goods, performance of works, and also range of services (works), the carried-out state, municipal functions, quantity of the sold goods as obligatory passing of identification and (or) authentication using biometric personal data.

13. The refusal of physical person of passing of identification and (or) authentication with use of its biometric personal data cannot form the basis for refusal to it in rendering the state, municipal or other service, accomplishment of the state, municipal functions, sales of goods, performance of works or refusal in acceptance on servicing.

14. The physical person registered in single system of identification and authentication, according to the procedure, established by the Government of the Russian Federation in coordination with federal executive body in the field of safety, with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" has the right:

1) to provide the consent to placement and processing of the biometric personal data placed in single biometric system according to part 9 of article 4 of this Federal Law;

2) to study data on the soglasiya provided to the operator of single biometric system;

3) to study data on soglasiya on processing of the biometric personal data for the purpose of carrying out its identification provided to state bodies, local government bodies, the Central bank of the Russian Federation, the organizations of the financial market, other organizations, individual entrepreneurs, the notaries specified regarding 1 article 9 of this Federal Law;

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