Note on Gk. PHIAROS, PHIDROS, PHIEROS (?)

Data Localisation and the Balkanisation of the Internet

“…89 The statute does not specify how long local storage must persist, which has been interpreted as meaning that it must be stored indefinitely. 90…”

“…93 As such, the ambiguities described below create the possibility that the statute could be implemented in a remarkably wide-reaching manner. 94 Firstly, there is a fundamental difficulty under the statute for operators to determine what data are subject to the law. 95 Distinguishing personal data from non-personal data for data localisation purposes is extremely complex.…”

“…100 Secondly, the law's application is extremely broad, applying to any entity, local or foreign, that stores or processes the personal data of Russian citizens on foreign servers. 101 The unofficial clarification released by Roskomnadzor states that the law will be construed to apply to foreign entities that purposefully direct activities "aimed at the territory of the Russian Federation" and extracts benefits from such activities. Roskomnadzor has interpreted this to include having a physical presence in Russia, using a Russian domain name, using the Russian language or currency, marketing in Russia, having a Russian contact phone number, or delivering goods and services (including digital) in Russia; however, as this list is not exhaustive, foreign entities may lack certainty as to whether the law applies to them.…”

“…107 Domestically, the law imposes strict localisation requirements that will likely result in users bearing the costs of the localisation scheme, global companies withdrawing from the market, and Russian businesses facing higher barriers to entering the global market. 108 Secondly, requiring that a copy of all personal data be kept on Russian soil risks the security and privacy of Russian personal data whereby a virtual jackpot of data is made available to potential hackers as well as state surveillance organs. 109 Finally, and perhaps most alarmingly, there is significant concern that Roskomnadzor will use the legislation as a tool to repress political dissent through online platforms.…”