A bill, establishing liability for violation of the rules on the creation, use and issue of e-signature, was introduced into the State Duma

The relative draft federal law “On amendments to the Code of the Russian Federation of administrative violations” was prepared by the Ministry of Communications of Russia.

According to the Ministry of Communications of Russia - the operator of federal state information system “Unified system of identification and authentication in the infrastructure, providing informational and technological interaction of information systems used for the provision of public and municipal services in electronic form” (ESIA), there has been an increase in violations of the rules of creation (replacement), usage and issue of the key for a simple electronic signature. This can lead to the uncontrolled proliferation of the personal data of citizens, as well as lead to the unauthorized access of third parties for getting state and municipal services on behalf of citizens. The bill proposes to establish administrative liability for such violations.

The administrative responsibility would extend to bodies and organizations, including their officials, in accordance with the legislation of the right of establishment (replacement) and the issue of simple electronic signature key.

It is envisaged to establish the responsibility for:

-breach of confidentiality of a simple electronic signature key;

-failure to comply with requirements to establish the identity of the

 applicant when issuing a simple electronic signature key;

-issue of a simple electronic signature key without receiving the

 application from the applicant;

-putting false information into ESIA;

-charging for creation (replacement) and the issue of simple electronic

 signature key;

-creation (replacement) and (or) issue of a key to not duly authorized

 persons.

It is also proposed to establish administrative liability for violation of the rules on access to information in state and municipal information systems, which is accessed using the ESIA (approved by Government Decree No. 584 of July 10, 2013), as well as for breach of process operation or connected to it.

Adoption of the bill would allow implementing additional measures to protect simple electronic signature key, as well as getting access to information in state and municipal information systems.

The bill was discussed and approved at a meeting of the Government of the Russian Federation of April 13, 2017.

You can read the text of the bill on the official website of the State Duma of the Russian Federation on the link http://asozd2.duma.gov.ru/main.nsf/%28SpravkaNew%29?OpenAgent&RN=157234-7&02.