Terms of use of WiFi in public places. Access to Wi-Fi in public places will require personal data entry. Penalties and commitments

And amendments to the federal law "On Communications" and the Code of the Russian Federation on administrative offenses (COAP) that will allow to finish legal entities and individual entrepreneurs for the lack of identifying users of their public Wi-Fi networks. About it reported on the official website of the Ministry.

For providing anonymous Wi-Fi, it is planned to charge a fine of 5 thousand to 50 thousand rubles. with individual entrepreneurs and from 100 thousand to 200 thousand rubles. from legal entities.

The re-violation of the law will cost individual entrepreneurs already 10-100 thousand rubles. or disqualification for up to three years, and the Jurlitz will pay up to 300 thousand rubles.

Administrative responsibility for such offenses is planned to be established from the first quarter of 2016.

At the same time, the Government's Government Decree No. 758 on access to the public Internet for an identity card entered into force last summer. According to the document, the telecom operator before allowing access to the Internet is obliged to demand to enter the number mobile phonewhich is sent code to confirm the data.

The requirements of the decision was the first to be the first operator of the Wi-Fi network of Moscow Metroleum Maxi Telecom, at the end of February 2015, which launched the procedure of mandatory authorization of users through mobile number.

As of May 2015, the registered subscriber base of this network numbered about 4.5 million people.

However, not everyone followed the example of "Maxima". What caused the concern of the Minister of Communications. Within the framework of the May meeting of the Government Commission, he noted that some public access points to Wi-Fi still have not yet provided user identification. "Visitors of the largest network of fast food cafes still use public access to the Internet without registration," the minister later posted.

At the same time, Nikiforov voiced the idea for the first time that entrepreneurs must be responsible for identifying users.

However, McDonald`s, McDonald`s, mentioned by Minister "The largest cafe in Russia" decided not to wait for changes in legislation and independently introduced authorization for its Wi-Fi in all its Russian restaurants.

Nothing negative in the very idea of \u200b\u200bovercome anonymous access to the Internet in in public places No, the head of the Board (IRI) believes. Especially if the question is solved by the procedure of simplified identification by a mobile phone number, he told "Gazeta.Ru".

Klimenko also noted that there should be no special difficulties in the execution of the law, and the entrepreneurs themselves will not suffer significant costs.

The representative of one of the Wi-Fi providers for a number of Moscow restaurants and public places agrees with the head of the board of Iyri. According to him, to equip one Wi-Fi point with a mandatory identification mechanism will cost a maximum of 10 thousand rubles.

Another source in the Internet providers market told Gazeta.Ru, which in Russia today there are more than 100 thousand public points Wi-Fi and most of their owners will prefer to fulfill the requirements of the Ministry of Communications.

At the same time, the source doubted the effectiveness of user identification through the mobile number due to the abundance of the free sale of illegal SIM cards. "To buy sims without a passport today you can almost everywhere, which makes all the authorization measures meaningless," he summed up.

Last updated: 08/18/2014

AIF.RU explains how the ban on the anonymous use of Wi-Fi networks in public places according to a published regulatory act.

1. Identify users will be an operator of communication services for documents

1. Identify users a communication service operator will be according to documents, an ENE account or through the subscriber number
Universal communication services operators * will identify users who want to use Wi-Fi in public places.
The approved government ruling clarifies that the communication operator can identify users:

  • by establishing a subscriber number;
  • according to documents certifying the person;
  • for account on ENGU.

The communication operator will have to store this information half a year.

2. Individuals that organize the Wi-Fi network (for example, in their apartment), identify users should not

The requirement does not concern access points in Wi-Fi, installed by private individuals (such as cafes, restaurant, cinema, apartment).

3. Identification can be passed by SMS

Communication operators will be able to identify users by SMS from the number cell phone. Made the appropriate statement Head of the Ministry of Communications Nikolai Nikiforov."Identification of users on a bank card, a cell number when accessing public Wi-Fi is a global practice. The need to identify (Russian) users, including Wi-Fi, follows from the adopted anti-terrorism laws, "Nikiforov said.

To connect to open Wi-Fi in a public place, it will be enough to send SMS from your mobile phone and get a password in response to enter the Internet. This was announced by the First Deputy Chairman of the State Duma Committee on Information Policy, Information Technologies and Communications Leonid Levin.

4. Providing access by organizations

The organization that directly provides Internet access must be transferred to its telecom operator a list of persons who used the Internet. Among the data to be transmitted: surname, name, patronymic, place of residence, document data. Also, organizations will have to record the time and volume of services rendered. This standard can be understood: if official organization Organizes the Wi-Fi network (let's say, for guests of the company), it assumes obligations to find out their data.

5. In some paragraphs of collective access (not everywhere) it will be necessary to present a passport

The obligation to make a document certifying the personality is envisaged for operators of the universal communication service providing services in paragraphs. collective access (for example, in the departments of the "Post of Russia").

See the Original Decision

08/21/2014 | 13:21 Society

Laws are different. Good and bad. Only one they are always similar - laws over time cease to be correct.

It was difficult to foresee that the first appeals to me as an online ombudsman would not receive from profile market participants, but from ordinary owners of small restaurants and cafes. Of course, no one had time to hurt them, and the appeal itself rather seems to be a mute question hanging in the air: "What do we do now?"

Still, you can or cannot be provided with guests a restaurant free Wi-Fi, and is it necessary to ask a passport?

Unfortunately, all possible comments and explanations, as well as the decrees, did not make clarity. And, of course, they will not make any follow-up. Which will certainly be.

Therefore, my answer is extremely simple: it is necessary to take and cancel the ruling of July 31, 2014 N 758.

And now let me a lyrical retreat ...
Ordinary cafe. Which is connected to the Internet under the contract - let's say with the Operator of Roselbimts. The latter unequivocally identified his subscriber of Cafe LLC. LLC "Cafe" uses the Internet for his own needs. And between the case sends the tax reporting through the latter. Realizing the fact that during the business lunch in a nearby cafe visitors, and they do not have a cafe management found out the reason. The next cafe is free Wi-Fi !! And it turns out that this circumstance attracts for lunch the whole shoals of the office plankton, which continues to work during lunch, which is a great revenue for the competitor. Fast mobilization - cEO Gave an order to eliminate competitive inequality. And here in our cafe there is a router, sinking free Wi-Fi. Life has improved. Revenue crawled up. Customers are satisfied. Business goes. And then how the thunder is among the clear sky. Resolution No. 758! What to do? Turn off the Internet - losing customers. Do not turn off - violate the law. So violates the law of cafe or not? The answer is paradoxal. But it is as follows: and yes no. It seems to be disturbed before the ruling, and it seems like no. And henceforth, it seems to be violating, and it seems like no.

And now on the fingers. Cafe is connected to the Internet based on the subscriber contract with the telecommunications operator. Cafe telematic services does not have anyone (telematics licenses do not have, as the communication node is not registered), since only provides the ability to use the guest to connect to the Internet. The situation is very similar to the one when you include your charger into an electrical outlet of this very cafe and consume electricity within the contract between Cafe LLC and Mosenergo, and not under the contract between you and LLC Cafe.

In this situation, our Roselbimtts provider cannot and should not carry out user identification. Since this procedure should only be carried out in the case when it distributes Wi-Fi. It also has a subscriber alone, and this subscriber is Cafe LLC. The cafe also should not identify anyone and the passport must not be asked, since telematics services does not and does not and the operator of communication is not. But! According to the same resolution of LLC Cafe, it is obliged once a quarter to transfer a list of persons using its Internet, certified by the director of the cafe. And here the rebus happened. Naturally, the director every quarter will serve the current regular schedule, and easier - a list of cafes, which are used regularly open point access Wi-Fi In the restaurant. Since Cafe LLC is not obliged, unlike the telecom operator, provide a list of identified client equipment, then LLC Cafe provides free access to the Internet for its customers is absolutely legal.

Conclusion: Restaurants and cafes may continue to continue to delight us with free Wi-Fi access.
But access to the Internet in the park provides us with a telecom operator, so you can get it only after sending an SMS message or entering ENGU credentials. Better and do not think of the situation for scammers! What is there will be a breaking of an account on Twitter and mail after sising by logins and passwords of the culture and recreation park.

And a bit more. The desire to identify a person belonging to the Internet is absurd by itself without identifying the device. Identification of the device connected to the network is meaningless without use common sense To the traffic segreed by this device.
To achieve at least some kind of effect, you need to build an ecosystem electronic registration Every person in the Russian Federation is a person (citizen and tourist), each device of this person who can connect to the Internet (in the near future it is all household appliances and personal gadgets), and mandatory establishment of the relationship between man and device list.
I really want this kind of "laws and decisions" not from the point of view today's day, and from the point of view of tomorrow. Otherwise, business in our cafe will shrink ...

And you still need to think about our cafe. Not so long ago banned visitors to smoke in a cafe. And now all customers run on the street. It is good or bad that they were forbidden to smoke, it is definitely impossible to say. There are advantages. There are minuses. Breathing in the cafe was easier. In the room more comfortable. A plus. Guest runs to the street. May get sick. Minus. Together with the guest quickly runs the nymph "treat a cigarette", which before the law missed the law for a long time for a cup of coffee all evening, being in a passive search, is this plus or minus? You decide. 😉 But I wonder - when the law was introduced, then the authors were for health or for diseases of citizens? For marriage, family or divorce? Such a good law, but the time will come, and even it is possible, will cease to be right. And what to talk about the laws regulating the Internet? Think need. Thinking tomorrow afternoon when we are trying to regulate the Internet. So picks me at the end to write: Put like, if you abolish the ruling!

In this or other form, but in 2018 it will be accepted and will come into force. So here is this change:

« Providing gratuitous access to the Internet information and telecommunications network in public places by a subscriber - a legal entity (subscriber - individual entrepreneur) allowed subject to the contract concluded between the telecom operator and such a subscriber about identifying users of communication services and the terminal equipment used by them»

And responsibility:

« Violation of the procedure for identifying users of communication services for data transfer and providing access to the Internet information and telecommunication network and the end equipment used by them, and equal to the organization in public places Subscriber - a legal entity or subscriber - an individual entrepreneur connecting to user equipment (terminal equipment), which provides access to Internet information and telecommunication network to other users, without identifying and the user-based equipment used by them -entails the imposition of an administrative fine on officials - from five thousand to fifty thousand rubles; on legal entities - from one hundred thousand to two hundred thousand rubles.»

Those. Legally organize WiFi access to the Internet can be any legal entity and IP, which has concluded an agreement on authorization agreement with the operator.

But all legal entities and entrepreneurs will also be punished, providing access to their WiFi network without identification by means of the operator.

If you summarize, then now, and in the future you can not provide access to WiFi with Internet access, if you do not have a contract with the telecommunications operator (Or, of course, if not the operator itself :)

Today, citizens Russian Federation Do not visit institutions in which there is no access to the Wi-Fi network. And precisely, in order to control users who are members of the Internet-web, the state of the Russian Federation adopted several legislative acts.

To date, the user authorization is a prerequisite, to gain access to free wi-Fi network. According to the law, entering personal data will help secure both the user and the host of the institution or another institution.

Requirements of the Law for Public Wi-Fi Networks

Please delight users and buyers with free access to Wi-Fi network is not so simple with the current legislation of the Russian Federation. The main condition for free access to Wi-Fi is user authorization.

This condition is described in the following legislative terms:

  • FZ â„–126 "On Communication", which entered into force on July 7, 2003;
  • government Decree No. 801 "On Amendments to Some Acts of the Government of the Russian Federation";
  • Federal Law of the Russian Federation of July 27, 2006 No. 149-FZ "On Information information technologies and about the protection of information ";
  • Order of the Ministry of Communications of Russia No. 83 dated 16.04.2014;
  • Federal Law of the Russian Federation of July 27, 2006 N 152-FZ "On Personal Data" with changes and additions;
  • Rules for the provision of communication services for data transfer, approved by the Decree of the Government of the Russian Federation of January 23, 2006.n 32;
  • Rules for the provision of telematics services, approved by the Decree of the Government of the Russian Federation of September 10, 2007 N 575;
  • Rules for the provision of universal communication services, approved by Decree of the Government of the Russian Federation of April 21, 2005 N 241;
  • Resolution of the Government of the Russian Federation of July 31, 2014 N 758.

According to the above legislative acts under authorization, the user must necessarily have identification of the personality and its gadget. Identification is necessary with public access to Wi-Fi in:

  • public Wi-Fi cafe;
  • bars;
  • restaurants;
  • libraries;
  • schools;
  • parks and other public places.

The provisions of the legislation require the preservation of the magazine authorized Wi-Fi users within 6 months.

The bill was developed in the Ministry of Communications of the Russian Federation in collaboration with:

  • MFD of Russia;
  • FSB of Russia;
  • Ministry of Economic Development of the Russian Federation.

According to the legislation, the provision of access to Wi-Fi is possible in 3 ways:

  1. Agreement with user identification operators. The option is good for organizations that have already been available access to Wi-Fi or they only want to install it.
  2. The operator sets the Wi-Fi access network. The advantage in this case is only for guests of the institution - they receive free access to data transmission. The head of the establishment or building will have to pay the cost of networking and for the services provided.
  3. The institution has access to someone else's Wi-Fi network. In law , identification individual It is not mandatory, so this option is the most profitable for the entrepreneur. He can agree with the neighbors and pay them for the opening wi-Fi Points. But it is worth remembering that if the state employees come with a check, then there will be a lot of questions and better protect yourself in advance.

Authorization order

  • using the identity card, the user introduces its personal data indicating the passport number;
  • with the help of its number - in the Russian Federation, cellular numbers are issued upon presentation of the original passport;
  • through the login on the portal of public services.

Changes to the Law on Access to WiFi in public places were made on May 5, 2014. The changes affected the mandatory identification of Wi-Fi zones.

In case of proper business, the authorization procedure can bring to legal entities and private entrepreneurs not only losses, but also to arrive. To pass the user of the authorization process, it will need to go to the advertising page of the institution or organization. When entering the user data, the company may be interested or the company's proposal and it will remain on the page, thereby bringing the company to come. The law is not prohibited by authorizing users on its promotional page.

Who is responsible for providing access to Wi-Fi without identification?

Responsibility for providing access to Wi-Fi without identification will be carried out by telecom operators. In the event of non-compliance with the operators of the law, it faces a fine of from 30 to 40 thousand rubles.

Check out the FZ about labor protection

In the older editions of the law, it was not provided that for violation of the law, the owners of cafes, libraries, institutes, park zones and schools should be responsible. In the last period of the latest changes, the Ministry of Communications eliminated this error and at the moment the above categories of citizens also face a penalty for non-compliance with the rules stipulated by law.

The size of a fine for providing access to Wi-Fi without authorization is:

  • for officials - from 5 to 10 thousand rubles;
  • for legal entities - from 100 to 200 thousand rubles.

If a citizen violates a focus on repeatedly, the size of a fine for access to Wi-Fi without identification will already be about 300 thousand rubles. After several warnings, law enforcement agencies have the right to disqualify and remove the violator from its activities for a period of 3 years.

According to FZ-126, all legal entities and entrepreneurs are obliged to provide access to free Wi-Fi To its users and customers only in the presence of a contract with communication operators, which can identify citizens.

Introduction of a fine for free access to Wi-Fi without identification will protect entrepreneurs and legal entities from anonymous SMS with threats from unknown users. Individual code To get free access to Wi-Fi network will help keep records of all users, and if necessary, find the right citizen.

Download the Law

Federal Law No. 126 "On Communication" was adopted by the State Duma of the Russian Federation on June 18, 2006. The legislative project was approved on June 25 of the same year. Entered into force FZ-126 July 7, 2003. Last changes The law was introduced on June 7, 2017.

Changes touched Article 66. It was added to it. Paragraphs 3 and 4. They are written in them that communication operators are obliged to provide their customers with equipment and all the necessary conditions for using their services. The article also registed that the client should not reimburse the operator the costs associated with those listed in paragraph 3 of the moments.

This federal law consists of 13 chapters and 74 articles.

In FZ-126, its goals are prescribed:

  • creature required conditions to provide communication services throughout the territory of the Russian Federation;
  • promoting the introduction of the latest technologies;
  • protection of users of communication services;
  • effective and honest competition in the market for the provision of communication services and others.

FZ-126 also regulates relationships related to:

  • creation and use of networks of connections and necessary structures for them;
  • operation of the radio frequency spectrum;
  • render electronic and postal service.

According to the provisions of FZ-126, competitive market The Russian Federation has equal conditions for each operator. The state does not give privileges or benefits to anyone. Competition takes place on equal rights between all service representatives.

Want to familiarize yourself with the provisions Federal Law â„–126? Download it here.