“Yandex” has defended in court the right not to disclose the user’s correspondence FCS request

Yandex” has been successfully challenged in court the first attempt to bring the company to justice for refusing to disclose the Federal Customs Service (FCS) of the personal correspondence of one of the clients “Yandex.Mail”, the newspaper “Kommersant” on Friday.

“This is the first time that” Yandex “has attempted to prosecute for such a refusal”, - said the representative of the publication “Yandex” Asya Melkumova.

She explained that earlier the company refused to provide the FCS unit user’s personal correspondence “Yandex.Mail”, after which the magistrate court plot N425 Moscow ordered the attraction of “Yandex” in the administrative responsibility that the Internet company has been successfully challenged in the Khamovniki district court.

From the base cases of the Khamovniki district court in Moscow shows that on March 22 the court overturned a protocol on administrative violation against “Yandex” under Art. 19.7 of the Administrative Code (failure to provide information to the public agency).

According to the text of the magistrate ruling in “Yandex” has addressed Nakhodka Customs, which is required to provide “e-mails, including attachments, sent and received through the use of an electronic mailbox (e Unknown - IF) for the period from 1 January 2014 to 1 October 2015 year, “the newspaper said.

To his request to “Yandex” Customs has put the resolution of Nakhodka city court, according to which “the electronic mailbox may have discussed issues related to the organization and implementation of the evasion of customs duties.”

In Nakhodka customs office did not respond to a request to “Kommersant”.

“Yandex” has refused to provide the correspondence, since the court order was not specified on the restriction of the privacy of correspondence of our user “, - explained Melkumova.

“According to the Constitution the restriction of the right to privacy of correspondence is allowed only on the basis of a court decision.” Yandex “, like Google, Facebook, Twitter and many other international services, provides information about users to law enforcement bodies in the order and cases established by the legislation” - said the legal service of “Yandex”.

In this case, as the newspaper writes, according to Google documents, the company in the first half of 2015 has received from the Russian law enforcement authorities 207 requests for disclosure of personal data users of Google and Youtube, of which partially or completely satisfied 5% of applications.

Facebook for the same period was only one request, and the information on it has not provided the Russian authorities, according to the documentation of social networks.

Twitter in 2015, received from the Russian authorities 82 request for disclosure of information about the users of social networks and did not satisfy any, continues to “Kommersant”.

Russian Internet companies do not disclose information about the number of requests from law enforcement agencies.

However, in 2013, with similar problems already encountered the Internet company Mail.ru Group and “Rambler”. Federal Financial Markets Service (FFMS) has exposed them to fines of 500 thousand. Rub. for refusing to provide information about the electronic mailboxes of users.

And FSFM requested no conversation, and the date of registration of the mailbox and information on addresses to which to send the letter. Both companies are then informed that they can not provide this information without opening the mailbox. In the future, Mail.ru Group defended its position in court, and “Rambler” nevertheless received a fine, the newspaper reminds.

25 March 2016

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