Russian Federation
At the end of 2024, a legal rule on liability for illegal personal data trafficking was introduced into a Special Part of the Criminal Code of the Russian Federation (Article 272.1). It was a response to an unprecedented rise in socially dangerous personal data-based attacks. A discussion on many aspects of the planned amendment took place in the professional and academic community, while developing the Art. 272.1 of the Criminal Code of the Russian Federation. The concern demonstrated the proposed law enforcement risks as a result to introduce this rule into the criminal law. The purpose of this article is to answer several questions regarding the crime classification under the Art. 272.1 of the Criminal Code of the Russian Federation. The problems of identification of the object and subject of a crime, assessment of the actions preceding the crime, identification of the subject of the crime in the illegal trafficking of personal data by a legal organization are examined, etc. The most significant conclusions of the author are identifying the subject of the crime (computer information with personal data obtained illegally), including special situations; determining the criteria for classifying persons involved in the illicit trafficking of personal data in the organization as participants of the crime under Art. 272.1 of the Criminal Code of the Russian Federation; formulating the rules for the crime qualification under Art. 272.1 of the Criminal Code of the Russian Federation in combination with other crimes.
crimes qualification, personal data, computer information, subject matter of the crime, subject of a crime (criminal actor)
1. Shchepelkov V. F. Perspectives of criminal-legal counteraction to computer crimes. Journal of the Volgograd Academy of the Ministry of the Interior of Russia, 9—14, 2024. (In Russ.).
2. Khokhlova Ye. V. Illegal activities with personal data: criminal law study. Dissertation of candidate of juridical sciences. Belgorod; 2023: 255. (In Russ.).
3. Gutnik S. I. Criminal law characteristics of personal data offenses. Abstract of dissertation of candidate of juridical sciences. Vladivostok; 2017: 24. (In Russ.).
4. Chukreyev V. A. Conceptual basis of criminal-legal and criminological security of the biological and social human nature. Abstract of dissertation of doctor of juridical sciences. Moscow; 2024: 42. (In Russ.).
5. Sentsov A. S., Volkolupova V. V. Criminalization prospects of the illegal trafficking in personal data: a critical analysis of a new bill. Bulletin of the Kaliningrad branch of the Saint-Petersburg University of the Ministry of Internal Affairs of Russia, 16—23, 2024. (In Russ.).
6. Alikhadzhiyeva I. S. Draft law № 502113-8 "On amendments to the Criminal Code of the Russian Federation (in terms of establishing liability for illegal usage and transfer, collection and storage of computer information, containing personal data)". Scientific comment. Criminal law: development strategy in the XXI century, 213—222, 2024. (In Russ.).
7. Volzhenkin B. V. Crimes in the sphere of economic activities under criminal law of Russia. Saint Petersburg: Legal Center Press; 2007: 763. (In Russ.).
