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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of November 23, 2018 No. 850

About approval of the Regulations on procedure for preliminary identification of users of Internet resource, online media, the news aggregator

(as amended of the Resolution of Council of Ministers of the Republic of Belarus of 30.09.2023 No. 650)

Based on subitem 2.8 of Item 2 of article 30-1 of the Law of the Republic of Belarus of July 17, 2008 "About mass media" the Council of Ministers of the Republic of Belarus DECIDES: No. 427-Z

1. Approve Regulations on procedure for preliminary identification of users of Internet resource, online media, the news aggregator it (is applied).

2. This resolution becomes effective since December 1, 2018.

Prime Minister of the Republic of Belarus

S. Rumas

Approved by the Resolution of Council of Ministers of the Republic of Belarus of November 23, 2018 No. 850

Regulations on procedure for preliminary identification of users of Internet resource, online media, news aggregator

1. This Provision determines procedure for preliminary identification by the owner of Internet resource, online media, the news aggregator (further - the owner of Internet resource) the users placing information messages and (or) materials on Internet resource, the news aggregator, in online media (further - Internet resource), including performing their commenting.

2. For the purposes of this provision terms and their determinations in the values established by the Law of the Republic of Belarus "About mass media" and the Law of the Republic of Belarus of November 10, 2008 No. 455-Z "About information, informatization and information protection" and also the following terms and their determinations are used:

user identification of Internet resource - set of actions for establishment of information about the user of Internet resource (further - the user);

the user agreement - the agreement between the owner of Internet resource and the user in whom conditions of use of Internet resource, and also the mutual rights and obligations of the Parties are determined;

the network (IP) address - the network (logical) identifier of means of telecommunication on the data communication network organized on the basis of the principles of package switching based on the IP protocol;

accounting record - the set stored in computer system of Internet resource specified in case of data recording about the user, necessary for its identification.

3. Preliminary user identification is performed in case of registration of accounting record by it on Internet resource by the conclusion of the user agreement.

The owner of Internet resource provides compliance of the user agreement (including regarding the list of the collected personal user information) to requirements of the legislation.

The user agreement shall contain warning of inadmissibility of placement by the user on Internet resource of the messages and (or) materials containing information which distribution is forbidden by the legislation.

4. The owner of Internet resource performs activation of accounting record of the user by sending activation code in the SMS message on number of the mobile phone of the user specified when filling the user agreement or with use of other identification data and technical means allowing to identify the identity of the user. At the same time one number of the mobile phone and (or) one set of other identification data can be used for registration no more than one accounting record of the user on each specific Internet resource.

After activation of the accounting record the user has the right to place on Internet resource information messages and (or) materials, including comments to information messages and (or) materials of other users of this Internet resource, on condition of authorization on Internet resource (introductions in case of input on Internet resource of the login and the password specified in case of registration).

5. The user has the right at any time to terminate unilaterally the user agreement.

6. In case of receipt of Internet resource by the owner from authorized state bodies of data, confirmatory that information, user-provided in case of registration of accounting record on Internet resource, is not true (except for the availability facts in it the grammatical mistakes made when filling form of the user agreement), and also in case of use in case of registration of accounting record of the information contradicting requirements of the legislation, including violating the rights and legitimate interests of the third parties, the owner of Internet resource has the right to terminate unilaterally the user agreement.

About the termination fact unilaterally of the user agreement the owner of Internet resource to the user the notification in the SMS message goes to number of the mobile phone specified when filling the user agreement or with use of other identification data and technical means allowing to provide informing the user. The decision on termination unilaterally of the user agreement by the owner of Internet resource can be appealed by the user in court from the date of receipt of such notification in a month.

7. The owner of Internet resource for the period of action of the user agreement, and also within year from the date of its termination provides storage on the servers which are physically placed in the territory of the Republic of Belarus:

the data received in case of preliminary user identification specified in subitem 1.3 of Item 1 of article 30-1 of the Law of the Republic of Belarus "About mass media";

data on placement and (or) change by the user on Internet resource of information messages and (or) materials, date and time of their placement and (or) change;

data on the network (IP) address of the device of the user appropriated in case of registration of the user on Internet resource, modification of registration data of the user;

other data received by the owner of Internet resource in case of user identification.

8. Owner of Internet resource:

takes measures for protection against loss, and also disclosure without the consent of the user of the data specified in Item 7 of this provision;

provides the information specified in Item 7 of this provision, upon the demand of the bodies performing operational search activities, bodies of prosecutor's office and pretrial investigation, bodies of the State Control Committee, the Ministry of information, tax authorities, courts according to the procedure, established by the legislation.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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