FSB Does Not Classify Smartphones and Pens with Cameras as Spy Gadgets

The Russian Federal Security Service (FSB) does not consider smartphones or pens equipped with video cameras to be special technical devices intended for covert information gathering. However, recording audio, video, or taking photos of a person without their consent may still be regarded as a violation of personal privacy.

This clarification was provided by Alexander Kupryazhkin, Deputy Director and State Secretary of the FSB, to members of the State Duma on Wednesday, April 10, as reported by “Izvestia.” The explanation was given during the first reading of proposed amendments to Article 138.1 of the Russian Criminal Code, which aim to clarify the definition of “special technical means intended for covert information gathering.” The amendments are intended to protect citizens from unfounded accusations of acquiring devices for espionage.

According to the FSB Deputy Director, smartphones and pens are considered household items, so Article 138 of the Criminal Code does not apply to them. However, using any device to record a person without their consent falls under Article 137 (“Violation of Personal Privacy”). Kupryazhkin emphasized that special technical means cannot be freely sold and are never considered household devices.

Under the bill passed in the first reading, “special technical means for covert information gathering” are defined as devices, systems, complexes, tools, instruments, and software that are intentionally equipped with features for secretly obtaining information without the knowledge of its owner.