New administrative penalties in sphere of personal data will take effect from 1 March 2021:
*1 basic unit (BU) – approx. EUR 9
** at the exchange rate of NBRB as of 8 February 2021
In any of these cases, officials will be able to initiate the case even without request from data subject. Responsible authorities will prepare protocols and send them to the court.
The new liability covering a broad range of activities may significantly affect the development of law enforcement practice in relation to personal data in Belarus.
Currently, administrative liabilities in the field of personal data cover two key violations:
- Disclosure of personal data in connection with professional or official activities – at the request of the data subject or his/her representative.
- Violation of certain technical protection requirements (in particular, the absence of confirmation of compliance, if this confirmation is necessary).
Current personal data regime
There is already an established regime for the personal data management in Belarus. It requires to implement a range of protective measures:
With no direct liability or system audits, widespread compliance by business has not yet developed – the risk of non-compliance were assessed by many companies as low, especially in the absence of clear penalties.
Draft law “On personal data protection”
A draft law “On personal data protection” has already been prepared in Belarus, and it passed its first reading in the parliament in 2019.
It is planned that the law, in case of its adoption, would establish new regulation of personal data management in Belarus. Although its adoption is possible as early as the spring session of the parliament, it is envisaged in the draft that the law will enter into force in one year from the moment of its adoption. The draft also indicates a number of by-laws that shall be enacted to give effect to its provisions.
One of the key issues is the choice of an authorised body in the field of personal data, which could interpret the new law.
Our team can help you with any questions related to data protection:
Head of Technology, Media & Telecommunications at Sorainen Belarus
+375 29 339 4590