Russian Supreme Court does not consider message decoding data to be secret

© TASS, Anton Vaganov

17:40 20/08/2018

MOSCOW, August 20 (RAPSI) – Information required for decoding of digital messages is not classified as requiring restricted access and as such can’t be treated as secrecy of correspondence protected by the Constitution or any other law, the Supreme Court of Russia has ruled.

The court published a ruling on the appeal filed by Telegram Messenger LLP against an order of the Federal Security Service (FSB) allowing the latter to request data for decoding user’s messages from distributors of said information.

According to the Supreme Court, a lower court correctly concluded that the order does not concern digital messages and log information, which do constitute the privacy of correspondence.

On March 23, the Supreme Court upheld the right of the Federal Security Service (FSB) to request data on decoding of user messages.

On April 13, the Tagansky District Court issued a ruling on blocking Telegram. Russian media watchdog Roskomnadzor was tasked with putting a stop to sending and receiving messages in Telegram until the messenger fulfills its obligations by providing deciphering keys. The ruling came into force immediately. Roskomnadzor started blocking the messenger on April 16.

On May 21, the European Court of Human Rights (ECHR) registered an application lodged by Telegram Messenger LLP against Russia.

According to the Federal Law “On Information, Information Technologies and the Protection of Information”, organizers of information distribution on the Internet must submit information about users and their messages to the authorized governmental bodies conducting investigative activities and ensuring the state security.