Criminal Penalties for Disclosing Officials’ and Law Enforcement Data Expanded and Strengthened

The State Duma has passed, in its third and final reading, a law that toughens penalties for disclosing the personal data of officials from law enforcement or regulatory agencies. Amendments have been made to Article 320 of the Russian Criminal Code. Previously, this article provided for punishment of “an official of a law enforcement or regulatory body, as well as their close relatives,” who disclosed information “with the intent to obstruct official duties.”

Now, anyone to whom such information was entrusted or who became aware of it through their professional activities can be held criminally liable. Penalties under this article may include a fine of up to 200,000 rubles or an amount equal to up to eighteen months’ salary, up to 480 hours of community service, arrest for up to four months, or restriction of freedom for up to two years.

Changes to Commercial, Tax, and Banking Secrecy Laws

The article on “Illegal acquisition and disclosure of information constituting commercial, tax, or banking secrets” has also been updated. The list of methods for obtaining such secrets now includes deception, blackmail, and coercion. In addition, the maximum penalty for this crime—both imprisonment and forced labor—has been increased from three to four years.

Rationale for the Amendments

The authors of the amendments argued that the previous version of the law was outdated and did not reflect current realities. The explanatory note to bill No. 1112804-7 states:

“In particular, there is a growing practice of unauthorized publication, including on information and telecommunications networks, of facts, events, and circumstances of the private lives of law enforcement officers, including information that allows for the identification of their personal data.”

Lawmakers also noted that, under the previous version of the law, criminal liability only applied if the disclosure was intended to obstruct the official duties of the affected individuals.

The publication The Bell highlights that the key innovation of the new law is the possibility of criminal liability regardless of motivation. Previously, criminal liability was only imposed if the purpose of the disclosure was to hinder official activities.