Financial Crime World

Belarus Tightens Grip on Personal Data Protection: NPDPC Issues Demands to Eliminate Violations

Strengthening Personal Data Protection in Belarus

Minsk, Belarus - The National Center for Personal Data Protection (NPDPC) has been granted the authority to issue demands to eliminate detected violations and/or terminate personal data processing in information resources. This move aims to strengthen personal data protection in Belarus.

Consequences of Non-Compliance

If a breach of personal data legislation is discovered, NPDPC can order the violator to correct the situation within a set timeframe, which cannot exceed six months. Failure to comply with these demands may result in severe consequences, including:

  • Administrative sanctions
  • Criminal liability
  • Civil liability

Administrative Sanctions

The Administrative Offences Code of Belarus stipulates specific penalties for personal data processing violations, ranging from fines to imprisonment. For example:

  • Intentional illegal collection, processing, or transfer of personal data can result in a fine up to 50 base units (approximately EUR 11).
  • Non-compliance with data protection measures may lead to fines ranging from 20 to 50 base units.

Criminal Liability

The Criminal Code of Belarus outlines criminal liability for serious breaches, including:

  • Unlawful collection or provision of information relating to an individual’s private life without their consent.
  • Such offenses can carry penalties such as:
    • Community work
    • Criminal fines
    • Arrest
    • Imprisonment up to two years

Electronic Marketing and Online Privacy

Belarus has established rules governing electronic marketing, requiring:

  • Consent from individuals before using their names, images, or statements in advertising.
  • Distribution of advertisements via telecommunications must be done with the consent of the subscriber or addressee.

While Belarusian law does not specifically regulate online privacy, general requirements on personal data protection apply. Specific regulations can be established under legislation, such as:

  • Consent before disclosing personal data of domain name administrators in online WHOIS services

Consequences of Non-Compliance

Violations of Belarus’s personal data protection legislation can result in significant consequences, including:

  • Civil liability
  • Criminal liability
  • Administrative sanctions
  • Individuals whose rights have been violated may also seek redress through court proceedings.

As the digital landscape continues to evolve, it is essential for organizations processing personal data to ensure compliance with these regulations to avoid severe penalties and reputational damage.