DIT of Moscow, coronation, big data: crime and punishment

During the week, Roskomnadzor twice drew up administrative protocols against the Moscow Department of Information Technologies: for illegal processing of PD and blatant lies to the supervisory authority.





During the peak of last year's Coronabesia, when the authorities imposed passes, curfews, dog patrols, plague doctors and that's all, I amused myself by mocking Moscow's electronic "travel pass" system, which was supposedly required to curb the pandemic.



The hypothesis was that this whole system is a complete profanation and is only needed to cut the budget and build a "digital profile" of Muscovites, and any citizen, having a bit of resourcefulness and information from open sources, can easily get around it. The check was disinterested, so I was all in a white frill white hat.



The hypothesis was confirmed: at first I ordered myself a reusable pass for the name and TIN of a non-existent organization, which was valid for about a month and was even automatically renewed by the system a couple of times.



Then the pass was canceled and a new one could be ordered only through a more complicated procedure, accompanied by a certificate from the place of work. To obtain a pass, you need to confirm that you work in the specified organization by providing a contract, a certificate from the place of work or other document , - the system reported, and frightened the hedgehog with a bare ass, part 1 of article 20.6.1 of the Administrative Code of the Russian Federation, with which the author of the horror story was clearly unfamiliar. But it was possible to follow a simple path, declaring myself a journalist or a lawyer, which I successfully did.



Testing the hypothesis was accompanied by a number of conditions that I set myself: the system should not receive any data about me, except for those that are inevitable for the purpose of obtaining a pass. Those. the pass must contain the full name - it is impossible not to indicate it. You can bind a transport card to the pass - it makes no sense to bind a non-existent or someone else's card, it simply will not work in the metro (in ground transport - an unattached one worked with a whistle). The Moscow authorities want to know my place of work - they will break off.



At the same time, I tested another hypothesis, namely: all the data collected when ordering a pass will be used by the DIT of Moscow as it pleases, ignoring the requirements of the law and elementary decency. This hypothesis was also confirmed.



To check it, I carefully monitored so that when ordering a pass, I did not accidentally accept an enslaving agreement on the processing of personal data, and I guarantee this: either there was no agreement at all, or it clearly stated that the data was collected solely for the purpose of issuing a pass.



There was a tougher version of the order with an agreement providing for life-long anal slavery and the transfer of personal data to "partners of the operator" who can use them for any purpose. This variant of the order was swept aside without hesitation as violating the terms of the problem.





As expected, my attentiveness did not affect anything: after a while, spam came from the Moscow government. And then, in conditions of self-isolation, I had a new entertainment - the dying of DIT. Are they breaking the law? They violate. Is there any liability for this? Provided. So answer according to the law. It was clear in advance that the task was not an easy one - to attract government agencies for sending spam and free handling of personal data, but if you do not try, this rudeness will be eternal.



I filed complaints with the Federal Antimonopoly Service and Roskomnadzor, with the first of which I had a long-term fruitful relationship in fining spammers, and with the second, it did not work out at all: RKN stubbornly did not see my personal data, let alone violations in the order of their processing, how many no matter who I complain about. And this time such miracles began, as if from 2021 I got to the Bright Russia of the Future.



I have complained about the Moscow authorities to the FAS before and this was almost the only complaint over the past 5 years that did not cause a lively response in the hearts of anti-monopoly authorities: this is not advertising , but social advertising - they answered, and therefore there are no grounds for taking action. An elegant solution, I believe: the wolves are safe, and the rams the sheep have nothing to argue - formally the FAS is right, but informally - I am vindictive and waited for a suitable opportunity, which was not long in coming.





"Contractor for free: we will find a sewing workshop for your needs" - lured the headline of another spam from the Moscow authorities about "Contract Manufacturing Exchange - a free service where you can find a sewing workshop or factory and order the production of clothing, footwear, home textiles or accessories . "



Well, if this is social advertising, - I thought, - then excuse me, let's go to court, even to the Supreme Court. But no, not social, and not advertising at all - answered the FAS. Advertising is information <...> aimed at drawing attention to the object of advertising, whereas the e-mail message you received does not contain information about the advertised object. The purpose of this message is not to draw the attention of consumers to the advertised object .



Those. “Exchange of contract manufacturing” and the whole letter about it, in the opinion of the Moscow OFAS Russia, is not information about the object of advertising, but “Do you want to leave China and find a sewing production in Russia? Do it with us! " - is not intended to attract the attention of consumers to the advertised object. Seriously?!



And even this, ahem, position was expressed only after the kick, because without it, the FAS sadly announced that it had not received a response to its request from a spammer.GKU of the city of Moscow "Moscow City Telecommunications Agency" and on the basis of this made a decision to refuse to initiate a case. I had to kick to remind the tear-stained FAS that in such a case, the Code of Administrative Offenses provides for Article 19.7, which establishes responsibility for failure to provide information to the state body exercising state control .



In general, with the FAS we are practicing casuistry, linguistics and logic, the result is still unknown, but if the complaint about the cited decision does not find a response from the leadership of the FAS, there are plans to go to court and force the anti-monopoly authorities to work.



And now - about the Bright Russia of the Future and Roskomnadzor, which we all deservedly do not love, but it is so cool that it gives out healing ones even to spammers from the Moscow government.





First, the Roskomnadzor Directorate for the Central Federal District answered me that I myself am an evil Buratino, because registered on the Moscow portal of public services: by starting to use the Portal, you have accepted the agreement on the use of information systems and resources of the city of Moscow (hereinafter referred to as the Agreement) in full. In accordance with clause 3.3 of the Agreement, you have given your consent to receive information messages .



The answer was predictable and based on positionlies of the Department of Information Technologies of the city of Moscow, sent in response to a request from Roskomnadzor, for which I was ready. In turn, I told Roskomnadzor that a) the portal was created before the Moscow government established DIT, and therefore I could not give him consent to receive spam; b) the portal has settings for receiving "information agreements", and I initially refused to receive them; c) [drum roll sounds] I am registered on this portal with a different address.



I understand everything - big cities, big data, got a little confused in them, lied a little about the purpose of collecting personal data for passes, overdid it with their illegal processing, accidentally juxtaposed one set of PDs with another, involuntarily sent spam - who does not happen to, really ? Even the legislator has foreseen such "mistakes", adding Article 13.11 for preventive purposes of the Code of Administrative Offenses.



While I expounded all these considerations to Roskomnadzor, a letter came from DIT, and it was no longer spam: during the check, an erroneous direction of the newsletter was revealed [drum roll again], we notify you about the destruction of the email address [my address] , Ba-Dum-Tss! !! Big cities, empty trainsbig data, error came out again! I mentally sympathized with the DIT employees dancing the dance of little snakes in a frying pan, made sure that my address had not been destroyed by DIT in a fit of good faith, and forwarded the message to Roskomnadzor.



Wait a minute with your Article 13.11 of the Administrative Offenses Code, Roskomnadzor suddenly got mad, we got pissed in our ears all the way ?! Then we will begin to be initiated on the basis of Article 19.7 of the Administrative Code, expressed in the submission to the state body exercising state control (supervision) of a blatant lie of information (information) in a distorted form. Last week they drew up a protocol, they didn’t call me, tk. I am not a party to this fascinating legal relationship, but I would like to think that it was hot.



And this week I was invited to draw up a protocol for sending the spam itself, the illegal circulation of my personal data. Yes, it was hot! The first half hour we are from the beginning. dep. on the protection of the rights of PD subjects (by the way, a very nice lady) sat and waited for the representative of the DIT to write a petition to postpone the meeting for 3 days, because Allegedly, a check is underway and DIT needs to establish all the facts, it was a soul-saving socially significant newsletter (the sound of eyes rolled in sarcasm), and the address was taken from open sources © Vardan Kushnir. It's ugly to scoff at your procedural opponent, but do you understand my feelings?



In general, during these half an hour I warmed up well, almost boiled and thought about why I was against the transfer. Firstly, because over the past two months, DIT could have carried out five checks and 3 days will not do the weather. Secondly, because, as follows from the letter to DIT, the check has already ended and established the presence of an "error" (they even promised to destroy my address!) Thirdly, three versions are already enough for me why DIT spammed (although wait, but what about the results of the check, which has already been completed, but it takes another 3 days?) and maybe it's enough to lie?



That's enough, - decided Roskomnadzor, rejected the petition to postpone the consideration and drew up a protocol on an administrative offense. I am looking forward to the trial of DIT: after all, after cooling down a little, I decided that I would listen with interest to the fourth and fifth versions of the lie on the topic of where DIT got my email address and why he thinks that it is possible to send spam to him without any restrictions. There are even a couple of assumptions about what they will be ...



Total in dry sediment:

• 3 versions, from where DIT got my address for sending spam, none of which suits him;
• a check that has ended, but it takes another 3 days to complete;
• the documented lies of DIT to the supervisory authority;
• 2 reports on an administrative offense committed by DIT.

Well, who will blame me now for my intention to go to court and support the position of Roskomnadzor?