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Belarus - Data Protection Overview
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Belarus - Data Protection Overview

August 2021

1. Governing Texts 

Currently, Belarus is not a party to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data ('Convention 108').

The Law of 7 May 2021 No. 99-Z on Personal Data Protection (only available in Russian here) ('the PDP Law') sets out general principles of processing (including collection, storage, use, distribution, transfer, and erasure) of personal data, provides for basic terminology in that field, defines the rights of data subjects as well as obligations of operators (similar to data controllers in General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR')) and their authorised persons (similar to data processors in the GDPR), including obligations on measures for the protection of personal data. The PDP Law came into force on 15 November 2021.

For the first time, the PDP Law introduces a data protection authority that is supposed to control data processing activities, to take steps (including to provide clarifications) to ensure the right application of the provisions of the PDP Law.

Nevertheless, there is a number of legislative amendments expected in order to implement the provisions of the PDP Law. In particular, we expect adoption of acts regulating security measures for the data processing and appointment of the Data Protection Authority ('DPA') as well as possible amendments to the system of information relations currently established in the Law of 10 November 2008 No. 455-Z on Information, Informatization and Protection of Information (only available in Russian here) ('the Law on Information'). Thus, we have concentrated on the key provisions of the PDP Law with certain references to the currently effective Law on Information.

1.1. Key acts, regulations, directives, bills

  • the Constitution of the Republic of Belarus of 1994;
  • the Law on Information;
  • the PDP Law;
  • the Code of Administrative Offenses of the Republic of Belarus of 6 January 2021 No. 91-Z (only available in Russian here) ('the Administrative Code');
  • the Criminal Code of the Republic of Belarus of 9 July 1999 No. 275-Z (only available in Russian here) ('the Criminal Code').

By adopting the PDP Law, Belarusian legislation provides for more systemic regulation of data processing activities, including key principles and terminology, data subject’s rights and operator’s obligations.

In many aspects, the PDP Law follows the basic concept of the European Union's GDPR, including the main principles to ensure data privacy, however it is not as detailed, and mostly uses different terminology to the GDPR.

Furthermore, since 1 March 2021, there have been new administrative sanctions stipulated by the Administrative Code, notably, for illegal collection, processing, storage, or transfer of personal data as well as for failure to comply with measures to ensure the protection of personal data.

In addition, since 19 June 2021, the Criminal Code sets out penalties for illegal actions in relation to personal data and failure to comply with measures to ensure the protection of personal data. In order to be imposed, such crimes must cause substantial harm to rights and grave consequences.

1.2. Guidelines

Currently, there are no official personal data protection guidelines of a general nature in Belarus.

However, once the PDP Law enters into force and an authorised DPA is established, official clarifications and interpretation of provisions of the personal data legislation may be given by that authority.

1.3. Case law

In Belarus case law is not a source of law per se; we are not aware of this being established in practice. In addition, court proceedings in regard to protection of personal data have not been numerous. Nonetheless, we see the possibility to bring the cases before Belarusian courts, since the PDP Law provides for, inter alia, compensation of moral damage caused by the violation of the rights of the data subject.

Further to this, there were cases before adoption of the PDP Law that dealt with privacy issues. For example, a decision of the district court of 11 August 2017 on the claim for the compensation of moral damages confirmed that information about a person’s private life contained in the court decision does not constitute a personal and family secrecy, as they were the subject of judicial assessment in the open court proceedings. The references were made on the general civil legislation rather than special requirements to the personal data processing.

This concept is followed by the PDP Law which provides for the processing of personal data without data subject's consent within court proceedings. Nevertheless, the Code for Civil Procedure stipulates that the court proceedings may be conducted in a closed manner at the request of one or both parties.

2. Scope of Application

2.1. Personal scope

The PDP Law

The PDP Law provides for the following key roles of the parties involved in the collection, storage, use, distribution, transfer, and erasure of personal data and ensuring data protection measures:

  • a data subject;
  • an operator;
  • an authorised person that processes personal data on behalf of and in the interest of the operator;
  • a person appointed by the operator (or the operator’s organisational unit) responsible for internal control of processing of the personal data;
  • a state body specifically authorised to regulate personal data protection relations (i.e. the Data Protection Authority).

2.2. Territorial scope

The PDP Law does not specify whether it has an extraterritorial effect. The definition of the operator comprises 'other organisations' without clarification whether foreign organisations processing personal data of Belarusians are concerned.

Generally, Belarusian legal acts are binding on the entire territory of the Republic of Belarus, in addition to foreign organisations to which Belarusian law applies. Practically, appetite to expect binding effect of laws on foreign entities may also depend on the possibility to enforce decision. However, we do not see direct mechanisms affecting foreign parties at the moment, like blocking the website in Belarus for personal data breach.

It can be expected that the DPA will clarify the issue, and establish a unified approach in the future.

2.3. Material scope

According to the PDP Law, it covers the protection of personal data while processing of such data is accomplished with the use of:

  • automated means (tools); or
  • non-automated means (tools), if such means (tools) provide the possibility of search for personal data and (or) access to personal data with the help of certain criteria (card-indexes, lists, databases, logs, etc.).

Processing means any type of actions taken in relation to personal data including collection, systematization, storage, modification, use, depersonalisation, blocking, distribution, provision, erasure of personal data.

The PDP Law will not apply to the processing of personal data that is:

  • accomplished for the personal use, not relating to professional and entrepreneurial activity; or
  • related to state secrets.

3. Data Protection Authority | Regulatory Authority

3.1. Main regulator for data protection

As provided in the PDP Law, the Belarusian DPA is in course of being established, which should be formalised by the relevant Presidential act.

At the same time, general governance in the sphere of information protection is performed by the President of the Republic of Belarus ('the President') and the Council of Ministers of the Republic of Belarus ('the Council of Ministers'). They lay down basic requirements, determine and ensure a unified state policy on data protection.

The Belarusian DPA is responsible for taking measures in order to ensure protection of data subjects' rights. It is declared as body acting independently based on the PDP Law and other legislation.

In general, the following state authorities are involved in regulating data and data protection issues:

Compliance with the legislative requirements related to the protection of confidentiality on certain types of data is controlled by authorised state bodies, for example, the National Bank of the Republic of Belarus with respect to banking secrecy and the Ministry of Justice with respect to attorney-client privilege.

3.2. Main powers, duties and responsibilities

The PDP Law provides for the following duties of the DPA, inter alia:

  • ensure processing of personal data in accordance with legal requirements;
  • deal with data subjects' complaints;
  • indicate a list of foreign states where data transfers can be carried out;
  • issue permits for the cross-border transfer of personal data, if a foreign state is not in the list;
  • provide clarifications on personal data issues; and
  • publish annually a report on its activities.

The DPA will be empowered to request and receive any relevant information concerning processing of personal data from state bodies, entities and individuals in order to check the lawfulness of processing.

4. Key Definitions

The PDP Law provides for the following key definitions concerning data protection.

Data controller: The PDP Law does not define 'data controller', but defines an 'operator' a state body, a legal entity of the Republic of Belarus, another organisation, an individual, including an individual entrepreneur, independently or jointly with other specified persons organising and (or) carrying out the processing of personal data.

Data processor: The PDP Law does not define 'data processor', but defines an 'authorised person' as state body, a legal entity of the Republic of Belarus, another organisation, an individual that, in accordance with an act of legislation, a state body decision or on the basis of an agreement with an operator, processes personal data on behalf of the operator or in the interests thereof.

Personal data: Any information relating to an identified natural person or natural person who can be identified.

Sensitive data: The PDP Law does not define 'sensitive data', but defines 'special personal data' as personal data related to race or nationality, political views, membership in trade unions, religious or other beliefs, health or sex life, administrative or criminal prosecution, as well as biometric and genetic personal data.

Health data: The PDP Law does not define 'health data', but defines 'genetic personal data' as information related to the inherited or acquired genetic characteristics of a person, which contains unique data about his physiology or health and can be identified, in particular, when examining his biological sample.

Biometric data: Information characterising the physiological and biological characteristics of an individual, which are used for his unique identification (fingerprints, palms, iris, characteristics of the face and its image, etc.).

Pseudonymisation: The PDP Law does not define 'pseudonymisation', but defines 'depersonalisation' as actions as a result of which it becomes impossible without the use of additional information to determine the ownership of personal data to a specific subject of personal data.

Processing of Personal Data: Any action or set of actions performed with personal data, including collection, systematisation, storage, modification, use, depersonalisation, blocking, distribution, transfer and erasure.

5. Legal Bases

The PDP Law provides for a specific list of legal bases for processing of personal data.

Generally, the processing of personal data is carried out on the basis of the data subject's consent. Exceptions to that rule are stipulated by the PDP Law and other legislative acts.

5.1. Consent

The consent of the data subject is a free, unambiguous, and informed expression of his/her will, through which the processing of his personal data is permitted.

The consent can be obtained in writing, in the form of an electronic document or in another electronic form (e.g. via email or SMS).

Prior to obtaining the consent, the operator is obliged to provide the data subject with information concerning the processing of personal data, that includes, inter alia:

  • the operator's name;
  • the purposes of processing;
  • a list of personal data;
  • the period of consent; and
  • a list of actions in regard to personal data;

Further to this, the operator is obliged to clarify to the data subject in plain and simple language his/her rights and the consequences of giving consent or refusing to give it.

The burden of proving the data subject's consent lies upon the operator. The data subject has the right to revoke his/her consent at any time and without giving reasons.

Exceptions to consent

A number of exceptions where the processing of personal data does not require the data subject's consent is stipulated by the PDP Law. Such exceptions include, inter alia:

  • an agreement concluded (being negotiated) with the data subject;
  • protection of the data subject's life, health or other vital interests;
  • indication of personal data in a document addressed to the operator and signed by the data subject;
  • job relations;
  • previously disseminated personal data until the data subject objects to processing thereof;
  • administrative and (or) criminal proceedings, justice, execution of court orders;
  • control (supervision) activity of state bodies;
  • national security, fight against corruption, prevention of money-laundering;
  • for scientific or other research purposes, subject to the mandatory pseudonymisation of personal data; and
  • professional activities of a journalist or a media.

5.2. Contract with the data subject

Please see section on consent above.

5.3. Legal obligations

Please see section on consent above.

5.4. Interests of the data subject

Please see section on consent above.

5.5. Public interest

Please see section on consent above.

5.6. Legitimate interests of the data controller

Not applicable.

5.7. Legal bases in other instances

Please see section on consent above.

6. Principles

The principles of processing of personal data are formulated by the PDP Law as the general requirements for processing. Such requirements include:

  • legality of the processing of personal data, based either on the data subject's consent or law;
  • proportionality of the processing in regard to the stated purposes of processing and respect of data subjects interests;
  • limitation of the processing of personal data by the specific legitimate purposes stated in advance;
  • transparency of the processing of personal data, implying the provision of data subjects with the relevant information;
  • accuracy of the personal data processed by the operator and, if necessary, actualisation of personal data; and
  • limitation of the storage of personal data to the period required by the stated purposes of processing personal data.

7. Controller and Processor Obligations

7.1. Data processing notification

Generally, operators and their authorised persons are not required to notify the DPA of the processing of personal data. Nevertheless, the DPA is entitled to request and receive any information concerning the operators' and their authorised persons' compliance with data protection rules.

7.2. Data transfers

According to the general rule provided by the PDP Law, the cross-border transfer of personal data to countries not ensuring sufficient measures of personal data protection is prohibited. The list of respective countries is to be determined by the data protection authority.

The PDP Law provides for the exceptions, where transfers are allowed to the jurisdictions that are not in the list defined by the data protection authority. For example, such cases include the consent of the data subject with due notification on the relevant risks or a permit for cross-border transfer issued by the data protection authority.

In certain cases Belarusian legislation requires the collection and storage of personal data in Belarus. For example, Law of 17 July 2008 No. 427-Z on Mass Media (only available in Russian here) ('the Mass Media Law') obliges owners of websites used for disseminating mass information to collect and store certain identification data on users in Belarus if they can publicly post materials or comments on such website. Though, in our opinion, this obligation does not limit cross-border transfer and/or copying personal data to the servers located outside Belarus.

7.3. Data processing records

Belarusian law does not stipulate an obligation for operators and/or their authorised persons to maintain data processing records. However, there are certain obligations on the reporting of certain breaches of data protection systems.

Please note that non-state information resources may be registered in the State register of information resources operated by the Ministry of Communications and Informatization, on a voluntary basis, unless otherwise specified legislative acts of the Republic of Belarus (Article 24 of the Law on Information).

7.4. Data protection impact assessment

The PDP Law does not explicitly require the impact assessment. However, certain requirements are formulated so that operator should take potential risks into account (e.g. for the purpose of implementation of protection measures while processing special personal data). In addition, the operator must inform the data subject as for the risks that may occur in connection with the transfer of personal data to the jurisdictions where measures of personal data protection are insufficient.

7.5. Data protection officer appointment

Local data protection laws do not provide for the concept of a data protection officer ('DPO') similar to GDPR.

An organisation or other party processing information limited for distribution (includes, among other, personal data) in an information system is currently obliged to create an information protection system to secure information in the system. The information protection system should be certified according to the procedure established by the OAC. As a part of the creation of such a system, the party may be required to establish a special organisational unit (e.g department, division)/appoint a responsible official or involve an independent contractor licensed to perform related activities that will perform the technical work associated with the creation of such a system (Article 29 of the Law on Information).

One of the mandatory measures under the Law on PDP Law to ensure personal data protection would be appointment of the department or person responsible for internal control over the processing of personal data by the operator (authorised person) (Article 17(3) of the PDP Law). However, the PDP Law does not specify any additional requirements for such a unit/person.

7.6. Data breach notification

The operator is obliged to inform the DPA of any breach of personal data protection systems immediately, but in any case not later than within three days. Exceptions to this requirement may be established by the data protection authority.

Certain requirements on the notification of the OAC are set for specific cases of information protection system breaches or periodical reporting as required by Belarus law. The respective requirements are set forth in the Regulations on the procedure for submitting information about information security events, the state of technical and cryptographic protection of information to the OAC, as approved by the Order of the OAC of 2 February 2020 No. 66 On measures to implement the Edict of the President of the Republic of Belarus of 9 December 2019 No. 449 (only available in Russian here).

Moreover, notification requirements may be imposed in specific legislation regulating the processing of certain types of data. For example, in cases of unlawful disclosure, use, or another unlawful breach of confidentiality of trade secrets, the recipient of such information is obliged to notify without delay the owner of any such trade secrets.

7.7. Data retention

The PDP Law provides for the rule according to which the storage of personal data (in the form that allows to identify the data subject) must be limited to the period required by the stated purposes of processing personal data.

Currently, the specific terms for the obligatory storage of different types of data are regulated in general by the legislation on archiving and records management. For example, the terms for storage of different types of documents of the National Archives of the Republic of Belarus (including documents on the appointment of employees to job positions and their dismissal, correspondence on companies' administrative and operational issues, etc.) are provided by the List of Standard Documents of the National Archives of the Republic of Belarus, Generated in the Process of the Functioning of State Authorities, Other Organisations, and Individual Entrepreneurs Indicating Storage Periods, approved by Resolution of the Ministry of Justice of the Republic of Belarus No. 140 dated 24 May 2012 (only available in Russian here). Respective documents may contain limited/confidential information (e.g. personal data, trade secrets).

The PDP Law provides for a specific right for a personal data subject to request deletion of his/her personal data at any time without giving reasons or if the grounds cease to exist. For example, in case the term for which the data subject's consent for the processing of his/her personal data has expired.

7.8. Children's data

Belarusian law contains fragmentary regulation of children's data. In particular, according to the Mass Media Law it is prohibited to disseminate in the media, on internet resources, information on a minor who has suffered as a result of illegal actions without the consent of his legal representative.

According to the PDP Law, the general age at which a person may give consent for operations with his/her personal data is 16 years. If a person is under 16 years such consent should be given by his/her legal representative.

7.9. Special categories of personal data

The PDP Law provides for the processing of special personal data. The special personal data includes data concerning race or nationality, political views, membership in trade unions, religious or other beliefs, health or sex life, administrative or criminal prosecution, as well as biometric and genetic personal data.

The Law provides for the specific legal grounds for the processing of special personal data in case of absence of the data subject's consent, including making such data publicly available, job relations, medical assistance, administrating justice etc.

The PDP Law requires the impact assessment only in case of the processing of special personal data (sensitive data).

7.10. Controller and processor contracts

An operator may authorise another person or entity for the processing of personal data based on the agreement.

The agreement between the operator and the authorised person shall contain the following provisions:

  • a list of actions in regard to personal data that could be performed by the authorised person;
  • the purposes of the above actions;
  • confidentiality obligations with respect to personal data; and
  • measures to ensure the protection of personal data in accordance with the PDP Law.

Mandatory measures to ensure the protection of personal data are:

  • legal measures, like publication of documents defining the policy of the operator (authorized person) regarding the processing of personal data;
  • organisational measures, like appointment of a structural unit or a person responsible for the control over the processing of personal data; familiarisation of employees and other persons directly engaged in the processing of personal data with the provisions of the legislation on personal data, including the requirements for the personal data documents of the operator (authorized person) as well as training of these employees and other persons; establishing the procedure for accessing personal data;
  • technical measures, like implementation of technical and cryptographic protection of personal data.

Notwithstanding the terms of the agreement, the operator (but not the authorised person) is obliged to obtain the consent of the data subject for actions to their personal data.

The Law on Information at the time determines that the owner and user of information may conclude an agreement providing for the conditions of usage of the information as a measure of information protection. Such an agreement should contain provisions regarding the liability of the parties for violation of respective conditions.

For now the Law on Information provides for the classification of data protection measures that should be taken with respect to such information. These measures include:

  • legal measures, including the conclusion of agreements between the owner and user of the information containing conditions of data usage; such agreements should contain provisions on liability of parties to the agreement for breach of the conditions of data usage;
  • organisational measures, including establishing a special access regime to premises used for collection and processing of data, and differentiation of access levels to such information; and
  • technical measures, including the usage of cryptography and technical means of information protection and control.

8. Data Subject Rights

For the first time, the PDP Law sets out a systematised list of data subject rights.

8.1. Right to be informed

The operator involved in the processing of personal data shall give clarifications to the data subject regarding their rights related to the processing of their personal data prior to consent collection. Prior to obtaining the consent, the operator is obliged to provide the data subject with information concerning the processing of personal data, that includes, inter alia:

  • the operator's name;
  • the purposes of processing;
  • a list of personal data;
  • the period of consent; and
  • a list of actions in regard to personal data.

Further to this, the operator is obliged to clarify to the data subject in plain and simple language his/her rights and the consequences of giving consent or refusing to give it.

The operator shall also provide certain information following the data subject's request (as described in the section right to access below).

8.2. Right to access

Data subjects are entitled to receive information on the processing of their personal data as well as the information on the transfer of the data to third parties, including:

  • name of the operator;
  • confirmation of the fact of data processing;
  • description of personal data and the sources of data;
  • legal grounds and the purposes for the data processing;
  • period for the data subject’s consent; and
  • information on the authorised person.

Information on the transfer of personal data to third parties can be obtained from the operator by the data subject free of charge once in a year.

8.3. Right to rectification

Under the PDP Law, an operator involved in the processing of personal data shall fulfil the request of data subjects to amend (update) their personal data, if such data are incomplete, obsolete or inaccurate.

8.4. Right to erasure

A data subject has the right the erasure of such data at any time without giving reasons in case of absence of lawful grounds (including data subject's consent) for the processing of personal data.

8.5. Right to object/opt-out

Under the PDP Law, a data subject may:

  • withdraw his/her consent for the processing of personal data; and
  • require the termination of the processing of personal data at any time without giving reasons if there are no legal grounds for the processing.

In that case the operator is obliged to erase or, if erasure is not possible, to block the personal data as well as to ensure that the data is no longer processed by the authorised person.

8.6. Right to data portability

Belarusian legislation does not provide for the right to data portability.

8.7. Right not to be subject to automated decision-making

Current legislation does not establish the right not to be subject to automated decision-making. The automated decision-making is not yet widely regulated in Belarus, even though the banking regulations contain certain provisions in regard to the scoring of creditworthiness.

8.8. Other rights

The PDP Law provides for the right of the data subject to claim compensation for damage, including moral damage, caused by the violation of his/her rights stipulated by that Law. Compensation for moral damage is not dependent on real damage and losses faced (or not) by the data subject.

Data subject can also appeal against the actions (including omissions) and decisions of the operator or the authorised party to the Data Protection Authority.

The Law on Information at the moment provides that the information owner is entitled to:

  • prohibit or suspend the processing of information and/or its usage in case of non-compliance with the data protection requirements;
  • apply to state authorities to assess the adequacy of its data protection measures, as well as for related consultations;
  • use, distribute, and provide the information it owns;
  • permit and restrict access to the information, and determine conditions for such access;
  • claim to be identified as the source of the information if it becomes publicly available under the data owner's decision;
  • determine the conditions for processing and usage of information in information systems and networks;
  • provide the rights to use information according to legislation or agreement;
  • protect its rights in the case of unlawful access or usage of the information by third parties; and
  • take data protection measures.

The rights described above are general in nature, and, for the most part, have not been supplemented by specific and concrete legal requirements on data protection and processing depending on the type of information processed. For example, under the Law on Information an individual currently has no explicit right to request the deletion of his/her personal data. However, individuals may approach the controlling authority to alert it of any wrongdoing if their personal data has been unlawfully obtained and used.

9. Penalties

Criminal liability

Criminal sanctions in Belarus for the disclosure of specific types of information (e.g. information for limited distribution, which, inter alia, includes personal data) could be imposed only on a natural person and in cases provided by the Criminal Code of the Republic of Belarus.

The Criminal Code contains sanctions for various violations related to the disclosure of certain types of limited/confidential information, for example:

  • for intentional disclosure of adoption secrecy, a person could be sentenced to community works, criminal fine (as a general rule, the amount of criminal fine is 30 - 1,000 base units, which is approximately BYN 870 - 29,000 (approx. €290 - €9,670 ) the exact amount of basic unit is established by resolutions of Council of Ministers). As of July 2021, one base unit equals approximately  BYN 29 (approx. €9.80), or corrective works for up to one year;
  • for the intentional disclosure of medical secrecy (depending on certain circumstances), a person could be sentenced to a criminal fine, the deprivation of the right to occupy certain job positions, arrest, or the restriction or deprivation of his/her liberty for up to three years;
  • for the unlawful collection or provision of information relating to the private life and (or) personal data of another person without his/her consent (depending on the circumstances like volume on grave), a person could be sentenced to community work, a criminal fine, arrest, or the restriction or deprivation of liberty for up to two years. For the unlawful distribution – restriction or deprivation of liberty for up to three years with the criminal fine. Higher liability may apply if offence relates to the victims performing public functions;
  • for the failure to comply with measures to ensure the protection of personal data by a person who processes personal data, which has inadvertently resulted in their dissemination and causing serious consequences a person could be sentenced to a criminal fine, deprivation of the right to occupy certain job positions or perform certain activities, corrective work for up to one year, arrest, or the restriction of liberty for up to two years or deprivation of liberty for up to one year;
  • for the intentional unlawful violation of privacy of correspondence, phone, postal, telegraph, and other communications (depending on the circumstances), a person could be sentenced to community work, a criminal fine, corrective work for up to one year, arrest, deprivation of the right to occupy certain job positions, or deprivation of his/her liberty for up to two years; and
  • for the intentional unlawful disclosure of trade secrets or banking secrecy without the consent of the owner of such information (depending on certain circumstances), a person, who obtained this information in connection with his/her professional activities, could be sentenced to a criminal fine, the deprivation of the right to occupy certain job positions, arrest, or the restriction or deprivation of his/her liberty for a term of up to three years; criminal responsibility is imposed if the person performed the violation intentionally, and the respective violation has resulted in significant damage.

The Criminal Code also provides for criminal sanctions for unlawful actions associated with a breach of security of technological (computer) systems and not connected with the disclosure of confidential information, for example:

  • unauthorised access to information stored in a computer system, network accompanied by a violation of the data protection system;
  • unlawful modification of information stored in a computer system or network;
  • unlawful destruction or blocking of computer information; and
  • unlawful obtainment of computer information.

Administrative liability

The Administrative Code is in a way similar to the Criminal Code as it establishes sanctions for the unlawful disclosure of certain types of confidential information, as well as for unlawful actions associated with a breach of computer systems or unlawful usage of systems intended for data processing. At the same time, administrative offences are relatively minor compared to criminal ones. Respectively, administrative sanctions are less severe.

The examples of unlawful actions associated with disclosure of limited/confidential information prohibited by the Administrative Code include:

  • the intentional disclosure of commercial or other protected by laws secrecy or intentional unlawful (including without consent of the owner of such data) disclosure of personal data by the person, who became familiar with this information in connection with his/her professional activity (if such disclosure does not fall under criminal sanctions); for this violation the infringer could be fined an amount between 4 to 20 base units, which is approximately BYN 116 - 580 (approx. €39 - €195);
  • the unlawful usage or disclosure of the information included in the register of securities owners, or information regarding results of financial and economic activities of securities' issuers, for which the infringer could be fined an amount between 4 to 20 base units, which is approximately BYN 116 - 580 (approx. €39 - €195); and
  • the unlawful disclosure of service information, loss of the documents or computer data containing such information through negligence, for which the infringer could be fined an amount between 4 and 20 base units, which is approximately BYN 116 - 580 (approx. €39 - €195).

In addition, since 1 March 2021 the Administrative Offences Code, stipulates specific sanctions for personal data processing violations, including, inter alia:

  • intentional illegal collection, processing, storage or transfer of personal data of an individual or violation of his/her rights related to the processing of personal data may cause a fine up to 50 base units, which is approximately BYN 1,450 (approx. €488); intentional distribution up to 200 base units, which is approximately BYN 5,800 (approx. €1,950);
  • non-compliance with requirements on data protection measures implementation may cause a fine ranging from 20 to 50 base units for legal entities, which is approximately BYN 580 - 1,450 (approx. €195 - €488).

As to the examples of violations associated with a breach of computer systems or unlawful usage of systems intended for data processing, for example, unauthorised access to computer information stored in a computer system or network.

Civil liability

As a general rule, civil liability in the form of monetary compensation of damages is imposed only in cases explicitly provided by law. For example, in the case of unlawful disclosure of trade secrets.

The PDP Law establishes the compensation of moral (non-pecuniary) damage to the data subject, in cases where such damage is caused by a violation of its rights with respect to personal data.

9.1 Enforcement decisions

Not applicable.

There are no established enforcement practice and know to us decisions yet that are intended to enforce the PDP Law and other acts regarding personal data (notably, under the Administrative Code and the Criminal Code).