Over 435,000 Breaches of Communication Privacy Reported in Russia in 2017
According to the Supreme Court of Russia, law enforcement agencies submitted 436,800 requests in 2017 regarding violations of the confidentiality of communications. An overwhelming 99.68% of these requests were approved. It is important to note that security services gained access to stored messages and intercepted phone calls during so-called “investigative activities.”
In these cases, officials clearly violated Article 23 of the Russian Constitution, which states that “everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph, and other communications. The secrecy of correspondence may only be breached in accordance with a court decision.” Even more concerning is that 99.68% of such breaches received court approval.
Shifting Focus: From Phone Calls to Messaging Apps
Russian law enforcement officers are increasingly interested in text messages, while wiretapping phone calls has become less valuable. The number of requests to monitor and record phone calls dropped by more than half compared to the previous year—from 103,500 to 44,200. In 97.3% of these cases, authorities received court approval. At the same time, requests for information about connections between subscribers increased from 40,000 to 108,000.
Legal expert Alexander Baryaev explained that “information obtained during operational investigative activities can serve as grounds for initiating a criminal case.” This method is typically used to solve crimes related to illegal drug trafficking. According to him, “the reduced number of wiretapping requests during investigations is due to the fact that people are unlikely to be candid over the phone,” and “a telecom operator’s response to a request for information about connections between subscribers can confirm or disprove a suspect’s alibi.”
Expert Opinions and Changing Communication Habits
State Duma deputy (and former police officer) Adalbi Shagoshyev believes the shift is due to “increased efficiency of investigative agencies” and the “declining popularity of phone calls; most Russians now communicate via messengers and social networks.” Anatoly Vyborny, Deputy Chairman of the State Duma Committee on Security, thinks that “the change in the ratio of requests correlates with citizens’ awareness of the work of security agencies.”
According to a sociological survey conducted by international consulting firm Deloitte, Russians use messengers more often than SMS. Over 2,000 people were surveyed, and nearly 60% have stopped sending SMS messages. “Almost 60% of respondents use smartphones to access social networks and email at least once a week. 50% use messengers at least once a week.” The data also shows that people prefer text messages over phone calls.
As early as 2015, mobile operator MTS recorded a sharp increase in the use of messengers—primarily WhatsApp and Viber—among corporate clients. The most frequently used messengers were: Skype, WhatsApp, Telegram, Facebook Messenger, VK Messenger, Hangouts, and ICQ. In November 2017, traffic generated by social networks increased sixfold compared to July. The most popular social networks (in descending order) are: VKontakte, Instagram, Odnoklassniki, Facebook, and Twitter.
Privacy Concerns and Legislative Response
Russians are rapidly shifting from “classic” phone calls to messengers and social networks, assuming these platforms offer greater privacy. Recent legislative activity by Russian authorities has been described as a “tightening of the screws” and “total surveillance.” At the same time, many people are improving their digital skills and opting for more secure communication tools. This is why recent laws have targeted the regulation of messengers, anonymizers, the Tor browser, and VPN services. The government is well aware of its ability to control citizens, but the adoption of new laws has not produced the desired results.
However, the situation may not be as dire as it seems. A bill is currently under consideration that would establish the right to appeal investigative actions. The authors of this initiative propose that the Ministry of Justice and the Federal Security Services prepare relevant amendments to the Law on Police Operations. The impetus for revising current legislation was a decision by the European Court of Human Rights. The European Court agreed that security services have the right to conduct secret operations without notifying any individual, but the accused must have the right to challenge actions that infringe on their personal life.