Amendments to the Criminal Code entered into force on August 13, 2019, according to which Article 138.1 of the Code, which provides for liability for the illicit trafficking of special technical equipment designed to secretly receive information, is supplemented by a note containing the definition of such funds (Federal Law of August 2, 2019 No. 308-FZ and Federal Law of August 2, 2019 No. 314-FZ).
By special technical means intended for secretly obtaining information, we mean devices, systems, complexes, devices, special tools for penetrating into rooms and (or) other objects and software for electronic computers and other electronic devices for accessing information and ( or) obtaining information from technical means of its storage, processing and (or) transmission, which are intentionally given properties to provide the function of hidden information or access and to her without the knowledge of its owner.
Accordingly, in Art. 20.23 of the Code of Administrative Offenses ("Violation of the rules for the production, storage, sale and acquisition of special technical means intended for secret receipt of information"), a note appeared from the same date containing a reference to the definition of such means to art. 138.1 of the Criminal Code.
Domestic devices that are in free circulation will no longer be considered devices for the covert collection of information for the use of which criminal liability is provided for in Russia. Such gadgets should have noticeable signs of what they are needed for - taking photos or videos, recording sound, tracking geolocation, and so on. Such amendments to the Penal Code entered into force on 13 August.
Also clarifies the concept of special tools for secretly obtaining information. These include devices for penetrating rooms or other electronic devices (computer, telephone) to obtain the information contained in them.
A device will be considered “spyware” if it has been intentionally given properties for hidden information or access to it without the knowledge of its owner.
For example, a gadget will be considered “spyware” if it reveals the possibility of deliberate and covert obtaining information, as well as access to data without the knowledge of its owner.