Withdrawal from the shadow of "hidden" state information systems, protection of data, the fight against piracy. Minister Maksut Shadayev - on the priorities of lawmaking for 2023
On March 15, 2023, at a meeting of the IT Committee of the State Duma and the Ministry of Digital Development, on the eve of the government's report on the annual results of work, Minister of Digital Development Maksut Shadayev announced priorities in the field of relevant legislation for 2023-2024.
The department has 22 bills in its work, distributed among different blocks, the minister said. One of the blocks is digital services and government information systems. Here, the most significant bill is related to identification - everything related to the final regulation of identification using biometrics.
The main work on it was carried out in 2022. According to the minister, in the existing bill, the main aspects have already been settled "thanks to the active position of the deputies," a lot of attention is paid to issues of protecting the rights of citizens, for which the bill provides for "all possible mechanisms." Now, in connection with this document, a "huge volume" of by-laws is being worked out.
And among the priorities for the near future for this block, a bill has already been submitted for consideration regarding the possibility of using e-government services, such as identification and electronic contracting services, on other digital platforms, including commercial ones. For example, on platforms selling real estate, cars.
The same bill provides for the norm that all paper mail items like registered letters must have a digital copy.
New initiatives include the study of a bill on the possibility of using the public services portal to provide consent to the processing of personal data and its withdrawal.
Also, the minister says, a comprehensive bill is important related to the need to regulate all issues related to the development of e-government infrastructure. This applies, among other things, to the criteria for classifying information systems as state. On the part of the Accounts Chamber, there is a proposal to legislate the definition of what a state information system is. Although now there is a general definition.
Director of the Department of the Accounts Chamber Yuri Ursu, who was also present at a joint meeting in the State Duma on March 15, explained that at the moment 149-FZ determines the goals of creating state information systems: they are created in order to implement the powers of state bodies. But at the same time, the Federal Law does not establish the imperative norm that any systems that are created to exercise powers must relate to state ones.
According to the results of control measures, the Accounts Chamber counted about 390 federal systems, which can conditionally be called "hidden," says Yuri Ursu. I.e. the Accounts Chamber considers them state, but the departments themselves do not recognize them as such. This leads to the fact that these systems are not covered by the requirements for the procedure for creation, development and operation, for mandatory certification in accordance with the requirements of information security.
This is a critical problem, said Yuri Ursu. Therefore, the Accounts Chamber recommended that the government prepare changes to the 149-FZ so that there are clear criteria for classifying information systems as state.
Another direction is the security of personal data. The minister expressed the hope that in April he will begin, including on the site of the State Duma's IT committee, to consider in the final version a bill providing for negotiable fines for leaks of data and criminal liability for their theft and creation of channels for their distribution.
The Ministry of Digital Science also introduced a new bill important for the big data market, which spelled out a mechanism for accessing impersonal big data.
Cyber security is allocated in a separate block . The ministry introduced a bill aimed at regulating the placement of state information systems on the infrastructure of data centers: they should be located in data centers that meet certain requirements and are included in the corresponding register.
Also, the minister recalled, the department is promoting a domestic certificate that ensures the safe connection of the user browser with sites, which is associated, including with mass reviews of foreign certification certificates. A large block of legislative activity is associated with the demand for domestic IT solutions.
The Ministry of Digital Science considers it important now, especially taking into account the latest sanctions and the blocking of Russian applications, to provide for the obligations of mobile platforms to allow downloading applications not from built-in markets and making payments for applications without using mechanisms built into mobile platforms.
Maksut Shadayev noted that now many countries are developing such bills and, in the Ministry of Digital Science, believe that large companies like Google and Apple will comply with these laws. In this sense, Russia fits into the general trend.
It is also important to attribute data centers to communication structures, regarding which the corresponding bill has already been registered. This will allow you to receive significant discounts on electricity, which is a significant part of the costs for data centers. The Ministry of Digital Industry expects that this will stimulate the development of the entire industry.
In addition, it has already been approved by the government and sent to the State Duma a bill aimed at changing the rules for including software in the register. Previously, companies that traded on the exchange were deprived of such an opportunity. And now this issue will be resolved. The bill also regulates the inclusion of hardware and software systems in the register.
An important story from the point of view of stimulating the transition to Russian solutions for CII facilities - the Ministry of Digital Science proposes, within a separate prepared one, to oblige all industry regulators in their industries to approve the lists of standard CII facilities and establish for them the timing of the transition to Russian solutions. Now the owner himself determines what belongs to the CII, and what does not belong, and not everyone is responsibly engaged in this, in connection with which the Ministry of Digital Science proposes to go through standard sets and regulators.
A separate block of bills is associated with providing access to modern and secure telecom services. One of the priorities here is the sharing of mobile infrastructure with small settlements. The corresponding bill has already been submitted for consideration. It provides that in settlements with a small number of residents, the base station of one operator should ensure the work of subscribers and all other operators, explained Maksut Shadayev.
Another bill here concerns simplified access for operators to apartment buildings. There were "bright parliamentary hearings" on this topic, and the Ministry of Digital Science hopes to come to a compromise solution and simplify this access, so that the equipment can be placed in apartment buildings without any additional fees.
The minister also calls mail an important priority. On March 15, 2023, the Federation Council is considering a bill to empower the Post with Russia exclusive powers to deliver pensions in cash, Maksut Shadayev said.
Another block of bills is devoted to the unity of the information space for the purposes of harmonious development of the individual. One of the priority initiatives here is to put on a systematic basis the issue of combating piracy, the minister says. There is a memorandum that was signed by the largest companies, and it works quite effectively, according to the Ministry of Digital Science: links from search results to pirated audio-visual content are promptly removed. But it still requires legislative regulation.
See also
Regulation of software in the public sector
Regulation of procurement of imported equipment and services in Russia
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