|
Title |
Improving the mechanism of administrative-legal
protection of the rights of the data subject in
exercising the illegal SMS-mailing |
|
Authors |
Gorovenko Sergey Viktorovich, Head of the
Department of administrative and financial law of
Institute of state and law of Tyumen state
University, Candidate of Law. 625003, Tyumen. st.
Lenin Str. 38. E-mail: tgamyp@yandex.ru |
|
Section |
Administrative law |
|
Issue |
6/2015 |
Page |
129-132 |
index UDC |
342.951 : 002 : 004.956 + 004.75 : 34.03 |
index LBC |
|
|
Abstract |
The article analyzes the problematic issues of
bringing to administrative responsibility of persons
engaged in the dissemination of SMS advertising, for
violation of the rules of processing of personal
data by the recipient of such messages. It is noted
that legislation on advertising and communications
in General contain similar provisions governing the
implementation of SMS. On the basis of the current
legislation proves the assignment of the subscriber
number to access your personal data. In order to
ensure the unity of the regulatory and
jurisdictional functions, the necessity of transfer
of prosecutorial authority to initiate proceedings
on administrative offence under article 13.11. Code
of the Russian Federation about administrative
offences the Roskomnadzor. The article States that
following the rules determining the powers of a
court to review an administrative case under article
13.11 of the Code of the Russian Federation about
administrative offences may result in the expiration
of the period of limitation for bringing to
administrative responsibility. In this regard, the
author offers to amend the Code of the Russian
Federation about administrative offences. |
|
Keywords |
administrative responsibility, personal data,
advertising, SMS sending. |
|
 |
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