New Law on “Foreign Agents” and FSB Order: Key Changes Explained

By Danielle GreeneLegal Advice

What Happened?

Starting December 1, 2022, the law “On Control Over the Activities of Persons Under Foreign Influence” comes into effect. This law introduces several changes, including:

  • All “foreign agents” will now be listed in a single registry;
  • “Foreign agents” must use new labels on their materials;
  • The Ministry of Justice will begin publishing personal data of “foreign agents”;
  • The Ministry of Justice will maintain a list of individuals affiliated with “foreign agents.”

This article focuses on the new labeling requirements and the publication of personal data. For other updates, see our previous posts.

What Does the New Label Look Like?

The required text for the new label is as follows:

  • For materials produced and distributed by foreign agents:
    “This material (information) was produced, distributed, and/or sent by a foreign agent (name, surname, patronymic (if available), as listed in the foreign agents registry) or concerns the activities of a foreign agent (name, surname, patronymic (if available), as listed in the foreign agents registry).”
  • For materials produced and distributed by members, founders, leaders, etc. of organizations and public associations recognized as foreign agents:
    “This material (information) (was produced, distributed, and/or sent) by (surname, name, patronymic (if available)), who is (a founder, member, participant, leader, or a person who is part of the governing body as specified in part 4 of article 9 of the law ‘On Control Over the Activities of Persons Under Foreign Influence’), included in the foreign agents registry.”

Who Must Use the Label?

The following must apply the label:

  • The foreign agents themselves (individuals, organizations, and public associations listed in the registry);
  • Founders, members, participants, and leaders of public associations recognized as “foreign agents”;
  • Leaders and members of the governing bodies of legal entities recognized as “foreign agents.”

What Materials Require the Label?

The label is mandatory for:

  • Materials produced or distributed by “foreign agents” in connection with their activities (including in the media or online);
  • Materials sent to public authorities, educational institutions, or other organizations in connection with “foreign agent” activities;
  • Information related to “foreign agent” activities, including that distributed via media or online.

Labeling is required not only for materials from the “foreign agent” themselves but also on behalf of their leaders. Only materials distributed in connection with “foreign agent” activities must be labeled. The law allows everyday, personal content to remain unlabeled.

Does This Only Apply to Text?

No, the status label must also accompany materials created in audio or audiovisual formats. For more details, see the Media Rights Protection Center’s materials.

What About the Publication of Personal Data?

Starting December 1, the Ministry of Justice will publish the following personal data of foreign agents:

  • Date of birth;
  • Taxpayer Identification Number (INN);
  • Social Security Number (SNILS).

Isn’t This a Violation of Personal Data Laws?

Yes, the law on personal data protection prohibits processing and distributing citizens’ data without their consent. However, for “foreign agents,” obtaining consent is not required. Our legal experts explain that this publication is state-sanctioned and is carried out to implement the “foreign agents” law, making it formally legal. In essence, though, it directly contradicts the personal data protection law.

Do These Amendments Affect Me?

It depends. If you are not a “foreign agent,” not a leader of one, and not a media outlet required to label “foreign agent” materials, the labeling rule does not apply to you. Unlike “undesirable organizations,” ordinary users can freely share “foreign agent” materials.

However, it has now become easier to be added to the “foreign agents” registry or the list of affiliated persons, as the law’s definitions are extremely broad. Previously, the main criteria were political activity and foreign funding. Now, so-called “foreign influence” alone is enough, and this can be interpreted very broadly.

We previously discussed why the “foreign agent” status is highly discriminatory.

Can Someone Be Labeled a “Foreign Agent” for Other Reasons?

Yes. Intentional collection and dissemination of information in the field of military or military-technical activities is now also grounds for being recognized as a “foreign agent.” Attorney Kaloy Alkhigov notes that an FSB order now prohibits the distribution of such information. This order also takes effect on December 1.

What Kind of Information Is Prohibited?

Media lawyer Svetlana Kuzevanova explains that the prohibited information includes:

  • Assessments and forecasts of the development of military-political, strategic, and operational situations;
  • Information on planning and implementing civil and territorial defense measures;
  • Information on mobilization, combat, and mobilization training of troops, military units, and agencies;
  • Information on the location, size, and names of military units, movement routes, armaments, and financial support of the Russian Armed Forces;
  • Information on lawfulness and the moral-psychological climate in troops, military units, and agencies;
  • Personal data of military personnel, Ministry of Defense employees, and their family members.

“The good news: this does not concern information constituting state secrets. There is a separate list for that. This FSB Order was adopted in accordance with the new law on foreign agents, which also comes into force on December 1,” writes Kuzevanova.

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