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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 8, 2015 No. 327

About approval of Rules of control of activities of organizers of distribution of information on the Internet connected with storage of information on the facts of acceptance, transfer, delivery and (or) processing of voice information, the written text, images, sounds, video or other electronic messages of users of the Internet and information on these users

(as amended of the Order of the Government of the Russian Federation of 25.11.2021 No. 2040)

According to part 6 of Article 10 (1) the Federal Law "About Information, Information Technologies and on Information Protection" Government of the Russian Federation decides:

Approve the enclosed Rules of control of activities of organizers of distribution of information on the Internet connected with storage of information on the facts of acceptance, transfer, delivery and (or) processing of voice information, the written text, images, sounds or other electronic messages of users of the Internet and information on these users.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of April 8, 2015 No. 327

Rules of control of activities of organizers of distribution of information on the Internet connected with storage of information on the facts of acceptance, transfer, delivery and (or) processing of voice information, the written text, images, sounds, video or other electronic messages of users of the Internet and information on these users

1. These rules determine procedure of control of activities of organizers of distribution of information on the Internet (further respectively - Internet network, organizers of distribution of information, control) connected with storage of information on the facts of acceptance, transfer, delivery and (or) processing of voice information, the written text, images, sounds, video or other electronic messages of net surfers "Internet" and information on these users (further - information which is subject to storage).

2. Control is exercised by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications and its territorial authorities (further - monitoring bodies) in the form of exit and documentary checks (further - actions).

3. The head of monitoring body, deputy managers of monitoring body, heads and deputy managers of structural divisions of monitoring bodies, and also other government civil servants of monitoring bodies which official regulations provide holding actions (further - authorized persons) treat officials of monitoring bodies which are authorized on holding actions.

4. Subject of actions is check of accomplishment by organizers of distribution of information of requirements to storage of information which is subject to storage, established by the order of the Government of the Russian Federation of September 23, 2020 No. 1526 "About Storage precautions organizers of distribution of information on the Internet of information on the facts of acceptance, transfer, delivery and (or) processing of voice information, the written text, images, sounds, video or other electronic messages of users of the Internet and information on these users and provisions to its authorized state bodies performing investigation and search operations or safety of the Russian Federation" (further respectively - information Storage precautions, mandatory requirements).

5. Events are held by authorized persons according to their service duties.

6. The bases of holding actions are:

appeals of the bodies performing investigation and search operations or safety of the Russian Federation (further - authorized bodies);

the expiration of execution by the organizer of distribution of information of the monitoring body of the instruction which is earlier issued by authorized persons on elimination of the revealed violation of mandatory requirements.

7. Events are held without approval of body of prosecutor's office.

8. In the appeal of authorized body the name of the organizer of distribution of information or other information identifying it from the register of organizers of distribution of information, and in case of need holding action concerning the organizer of the distribution of information which is not included in the corresponding register are specified:

a) for citizens of the Russian Federation - surname, name, middle name (in the presence), the insurance number of the individual ledger account, the residential address (registration) or places of stay;

for the Russian legal entities - the complete and reduced (in the presence) name, form of business, the location address, identification taxpayer number, the primary state registration number of record about state registration as the legal entity, surname, name, middle name (in the presence) the head of the legal entity, other contact person of the organization;

for individual entrepreneurs - surname, name, middle name (in the presence), registration address at the place of residence (stay), identification taxpayer number, the primary state registration number of record about state registration as the individual entrepreneur;

for the foreign organizations - the complete and reduced (in the presence) name, country of incorporation, the tax identifier and (or) the identifier in the trade register of country of incorporation, the location address;

for foreign citizens and stateless persons - surname, name, middle name (in the presence), type, number and the country of issue of the identity document, registration address at the place of residence (stay) (in the presence);

b) postal address (in the presence) organizer of distribution of information;

c) e-mail address of the organizer of distribution of information;

d) information resource (service) by means of which are performed acceptance, transfer, delivery and (or) processing of voice information, written text, images, sounds, video or other electronic messages of net surfers "Internet" (further - information resource), and its domain name;

e) e-mail address of the administrator of information resource;

e) e-mail address of provider of hosting;

g) the description of service (product), the provided service.

9. The head of monitoring body or the deputy manager of the specified body authorized by it issue the order on holding action and the task for holding action affirms.

The order on holding action is drawn up according to the standard form approved by the order of the Ministry of Economic Development of the Russian Federation. In the order on holding action the bases of its carrying out and structure of the commission which joins persons holding event, and also persons participating in such action (further - the commission) are specified.

In case of inclusion according to the Regulations on radio-frequency service approved by the order of the Government of the Russian Federation of May 14, 2014 No. 434 "About radio-frequency service" in structure of the commission for carrying out separate works within the action of specialists of radio-frequency service, data on involvement of such specialists are specified in the order on holding action.

In case of attraction to holding action of officials of authorized body based on which address the event is held specified persons are included the commissions on holding action.

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