Today, the Internet provides a wide range of opportunities that can be used to search for any information. Rarely does anyone leave the network space without finding an answer to their queries. It happens that the site contains information prohibited by law. How do you file a complaint with Roskomnadzor in such cases? Let's consider this issue in the article.
When is it necessary to file a complaint about a website?
Complaints about websites have been processed since 2012 by the state service for supervision in the IT sector. It is necessary to file a complaint against a virtual resource only when content has been recorded on its pages that contradicts the moral principles and legislation of the Russian Federation.
If there is content on a web page that contradicts the legislation of the Russian Federation or generally accepted ideas about morality, you must immediately send a complaint to Roskomnadzor about this resource. This action is regulated by the law “On the procedure for considering appeals.”
The task of an ordinary global network user is to protect their own interests. However, you need to be aware of the following: sending a complaint is required only when the web resource really contradicts current Russian legislation. Those. On its pages there is the following information:
- suicide propaganda;
- distribution of drugs and intoxicants that somehow affect consciousness;
- content dedicated to terrorist topics;
- promotion of child pornography;
- sending spam messages;
- extortion by virtual resource administrators;
- violation of the Copyright Law;
- negative condemnation of any people or companies.
Roskomnadzor operates in accordance with the Decree of the Government of the Russian Federation “On the Federal Service for Supervision in the Field of Communications, Information Technologies and Mass Communications”. The privileges of the institution are also spelled out here. It is worth recalling that the law came into force on March 16, 2009.
Director of Roskomnadzor Zharov. A.A.
When to expect an answer
Written responses to citizens' appeals, which are considered by Russian Post employees, are provided within 30 days (Article 37 of Federal Law No. 176-FZ).
If the complaint was filed with one of the federal services or the ministry, then the period for its consideration will vary from 5 to 90 days. This discrepancy is associated with the correctness of the document’s execution, as well as with the specifics of the issue under consideration.
If the client’s complaint contains all the necessary information and accurately describes the conflict situation, the response to the complaint will list the measures that the company’s management has taken against the perpetrator. If the applicant receives an unmotivated refusal to satisfy his demands, he has the right to go to court.
The result of consideration of the appeal may be the announcement of an official investigation into the current situation or disciplinary action against the offending employee.
What needs to be done before sending an application to Roskomnadzor?
Immediately before sending an appeal to the federal structure Roskomnadzor, the Internet user needs to try to independently resolve the current situation. For example, write a message to the company manager demanding that the recorded violations be immediately eliminated.
It is more productive to attach additional materials to the sent message in the form of photographs, video and audio recordings, receipts. If they are present, the complaint will be the most thorough.
Required information
According to paragraph 1 of Art. 7 of Federal Law No. 59-FZ of May 2, 2006, there is a mandatory list of information that a citizen must indicate in a complaint.
A citizen in his written appeal must indicate either the name of the state body or local government body to which he is sending a written appeal, or the surname, first name, patronymic of the relevant official, or the position of the relevant person, as well as his surname, first name, patronymic (the latter - if available), the postal address to which the response should be sent, a notice of forwarding of the appeal, sets out the essence of the proposal, statement or complaint, puts a personal signature and date. Before sending a complaint to Roskomnadzor, it is recommended that you familiarize yourself with other provisions of this Federal Law.
Where to send claims?
Any citizen of Russia has the right to send a complaint to the site to Roskomnadzor, send a document by fax, or make a call. What phone number can I call and send a fax? 8.
It is possible to send a complaint to a particular malicious site using other resources, for example by creating a direct appeal. One of such institutions that receives complaints is the Center for Safe Internet in the Russian Federation.
A complaint can be submitted in the following ways:
- Through the reception desk of Roskomnadzor. In this case, the complaint must be submitted in two copies, one of which must be marked as received.
- Via Russian Post by registered mail. In this case, the citizen will have the opportunity to track the location of sent correspondence.
Then, when the complaint is “global” and, in the opinion of the sender, should be delivered to specialists as quickly as possible, it is recommended to contact the FSB.
Terms of consideration
The complaint is registered within 3 days after receipt by the government agency.
After this, it is considered no longer than 30 days. The period is extended if circumstances so require. But civil servants cannot consider the application for longer than 2 months. Personal data of citizens who submitted an application electronically are stored and processed in accordance with Law No. 152-FZ of July 27, 2006. On the official website of Roskomnadzor, you can fill out an application to receive information about the reason for blocking an Internet resource, for which you will need a domain address. Appeals are sent to the department to remove restrictions on the operation of the site. The organization is engaged in the protection of copyright and related rights on the Internet.
Roskomnadzor monitors compliance with legislation in the media and telecommunications networks, including the Internet. If violations are detected, any citizen has the right to file a complaint against the site, legal entity or individual. In order for the application to be considered as quickly as possible, it is recommended to contact the territorial body of the Federal Service. Citizens are given the opportunity to send an appeal through an electronic reception. The processing time for applications does not exceed 2 months.
How to properly file a complaint against a malicious site?
How to complain about a particular resource? It is recommended to send the paper by registered mail . Thanks to this, the sender will receive a corresponding message about the delivery of the application to the desired addressee. More details below.
Information in the letter
How to write and submit an application? A complaint about a malicious resource can be made in any form for the user. However, it should reflect the following information:
- name of the institution that is the recipient of the letter;
- Full name of the applicant, his contacts;
- the actual text of the complaint, written in a publicly accessible style;
- references to laws that the website violates;
- the sender's suggestions for solving this problem;
- attachments (copies of the sender’s passport, etc.);
- signature with transcript and date of sending the complaint.
Roskomnadzor processes specific violations of laws specified in this legislation of the Russian Federation.
General terms
When preparing a document with Roskomnadzor, the compiler needs to focus on business style:
- avoid obscene expressions, as well as emotional and evaluative statements;
- the problem is presented in fact, i.e. no deviations from the topic - just the essence;
- there is no need for employees of a government agency to put pressure on feelings, as this may aggravate the situation;
- express your thoughts adequately, maintain human dignity.
It is strictly forbidden to make any mistakes in the submitted paper. The citizen works with legal documentation, which will later become an official document. Data about the citizen must be complete. This will allow Roskomnadzor operators to contact the sender.
The addresses of the territorial structures of the institution are presented in the “Contacts” category on the website www.rkn.gov.ru/contacts.
Contacts of the RKN on the official website of the organization
email : [email protected]
How to complain online?
To submit an application to a web resource online, you need to go to the Roskomnadzor website and go to the category “Public electronic reception of Roskomnadzor” (this is a kind of “Internet reception” of the RKN) - rkn.gov.ru/treatments/ask-question:
- go to the menu for civil appeals;
- select the subject of the message;
- fill in all the required fields (personal data, email);
- mark the territorial body of Roskomnadzor where the user is applying;
- describe the problem in the appropriate field.
If you file a complaint clearly according to the instructions attached on the website of the federal institution, the answer to the question will be received in approximately 1 month. In certain cases that require additional checks, the application processing time can be up to 60 days.
Notification of Roskomnadzor on the processing of personal data in 2021.
Incorrect completion of the notification about the processing of personal data may be assessed by Roskomnadzor as the provision of incomplete or unreliable information about the processing of data.
Despite the apparent simplicity of filling out the notification, operators often encounter difficulties in determining the purposes for processing personal data and continue to indicate in the notification an incomplete list of the purposes for their processing.
Determining the purposes of data processing
The purposes for processing personal data must be specific, predetermined, lawful and relevant to the activity for which such processing is carried out.
When determining the purposes of processing personal data and filling out the notification, it is necessary to analyze the following:
1) The goals of the operator’s activities, defined in its charter, local regulations, consent to the processing of personal data, questionnaires, contracts providing for the transfer of personal data, etc.
2) The grounds for obtaining personal data, the activities that the operator carries out when receiving and processing personal data on such grounds.
The purposes specified in the notification must cover all cases of processing of personal data. In this case, it is necessary to take into account both the external activities of the company - working with clients, users, concluding and executing contracts, marketing activities, etc., and internal ones - recruiting and hiring personnel, collecting data about employees, organizing access control.
Examples of filling out information about the purposes of processing personal data in notifications:
“the purpose of processing and registration of information necessary for the provision of services to students in the field of education, personal data of employees, information about their professional work activities”
“the purpose of processing and registering information necessary for the provision of housing and communal services to owners and residents of premises, personal data of employees, information about their professional work activities”
When determining goals, it is recommended to involve specialists who are familiar with all the activities of the company, and are not employed in one department - this will ensure the correctness and completeness of work in the field of processing personal data.
PDMaster specialists will be able to ask the right questions and determine the purposes of data processing that are relevant to your company.
We determine the categories of personal data processed
Indicating an incomplete list of personal data being processed is one of the typical violations in the field of personal data processing. To avoid difficulties in filling out the notification, we will figure out what information about personal data needs to be indicated in the processing notification.
It follows from the legislation that the categories of personal data are a list of personal data, specific information about the subject with the help of which he is identified or can be identified.
Personal data is grouped depending on its characteristics, on the basis of which it is classified into special, biometric and other types of categories of personal data.
How to enter a Roskomnadzor notification of the correct categories of personal data?
The electronic notification form on the Roskomnadzor portal suggests, when determining categories of personal data, to indicate specific information that the operator will collect - full name, date, place of birth, marital and social status, etc.
The difficulty in determining the category of personal data when filling out a notification is due to the fact that the list of personal data itself is not exhaustive.
In the electronic form of the notification there is a column “Other categories of personal data not specified in this list”, in which the operator independently enters the personal data being processed.
Operators do not indicate all “other categories” and, as a result, violate legal requirements. Thus, operators often do not indicate information about family composition; about labor and general length of service, military registration; TIN; SNILS, etc.
To avoid incorrectly filling out the processing notice, it is necessary to clearly define the purposes of processing personal data, and then indicate which data of personal data subjects will be processed.
Is it possible to apply anonymously?
Roskomnadzor ignores letters from anonymous people. Therefore, each complaint must be signed by the sender. In other words, if the application does not contain information about the person who sent the document (or the “author” indicated his pseudonym instead of a signature), the institution’s employees do not consider this application.
When sending a written application, you must provide information about the applicant and the address where the response letter will be sent. At the end of the text, the sender must sign and provide a transcript.
Important! If there is no information about the sender, the application will be ignored.
Sending an application electronically is carried out using identification systems. For example, the State Services portal identifies the identity of the applicant, since when registering on this site, users undergo a verification procedure.
Penalties
Roskomnadzor regularly conducts inspections related to monitoring the implementation of laws affecting the information field. The supervisory authority is primarily interested in the following nuances:
- presence or absence of PD operator status;
- Storage System;
- relevance of the data provided and more.
If a business entity has the legal right not to send a notification to the RKN about its intention to process data, then during the inspection it must prove this with reason.
On average, fines for various types of violations range from 700 to 75,000 rubles.
Complaint against debt collectors
A citizen has the right to complain about employees of collection agencies if they provide his relatives, acquaintances, friends and other people with information:
- about the presence of debt to a credit institution;
- amount of debt;
- passport details;
- phone number.
To file a complaint against debt collectors, it is wise to provide some evidence in favor of the complainant.
A complaint against debt collectors is made in any form. The following information is indicated on the paper:
- Full name, place of residence, telephone number of the sender;
- name and address of the company violating the current legislation of Russia.
Reasons for filing a complaint (claim)
A person who is a client of the organization can declare a violation of their rights. It should be noted that a person becomes a mail client after using its services.
The main reasons for a complaint against Russian Post:
- Unethical behavior of an employee of the organization (rudeness, rudeness).
- Long queue (provided that the branch employees do not take any measures to eliminate it).
- Unreasonably slow workflow.
- Failure to comply with the department's work schedule.
- Loss, damage or untimely delivery of cargo (correspondence).
- Failure to provide services to the client without explanation.
Important: The algorithm for filing complaints and claims is established by Art. 55 of Federal Law No. 126-FZ. If the organization’s specialists violated the deadlines for considering a claim (complaint), a client dissatisfied with the communication services can apply to the court to protect his rights.
Procedure and result
The actions of the service that processes civil appeals from our state are regulated by the state law “On the procedure for considering appeals from citizens of the Russian Federation.” The complaint is usually processed within 1 month. It is worth recalling that if processing requires the implementation of secondary actions, the total processing time for the application may be 60 days .
After transferring the paper to Roskomnadzor, the sender has the right to find out the current status of his request on the website.
Status of the request on the Roskomnadzor website
To use the service, experts recommend recording the registration number of your application and the exact date it was sent.
Who and when: just about the complex
The obligation to fill out and send a notification about the processing of personal data may be assigned to different employees:
- director of company;
- lawyer;
- personnel officer;
- administration representative.
Most often, concerns about obtaining the status of a PD operator are entrusted to the person who will further process the received data.
The deadlines for filing notifications are not specified by law. But in any case, this must be done before the processing of personal data begins. To protect yourself, it is recommended to send a notification about the processing of personal data immediately after registering as a private entrepreneur or legal entity.
Personal reception
Citizens' appeal through a personal meeting with the general director of the institution requires a pre-registered appointment for the meeting. To do this, you need to go to the page of the official website of Roskomnadzor “Pre-registration for an appointment” and fill out the form provided.
Pre-registration form for an appointment on the RKN website
Applications will be ignored if they contain false names, contain insults, or contain Latin or unreadable characters.
Example 2. Sample response to a citizen’s electronic appeal sent from the Roskomnadzor website
This sample is presented in Appendix No. 4 of the Instructions. The document includes the required details of Roskomnadzor and its response itself. The full name and postal address of the citizen who applied is also indicated.
The standard response begins with an address to the applicant (“Dear Petr Petrovich”). This is followed by confirmation that the requests received from him from the site have been considered, after which a detailed text of the answer is given on the merits. At the end, the document is dated and signed by the official.
Claim to Tricolor
The Tricolor operator provides cable and satellite communication services, and is engaged in the sale, replacement and preparation for operation of communication equipment.
The reason why a citizen may apply to Roskomnadzor for protection of rights may be one of the following:
- unreasonable deterioration in the quality of television or access to the Internet, as well as data transmission speeds that do not comply with the contract;
- termination of access to certain television channels;
- incorrect operation of devices, problems with equipment;
- unilateral change in the cost of services provided by the company;
- poorly organized technical support work, ignoring customer requests;
- uncoordinated connection of paid services, etc.
