THE COURT DID NOT RECOGNIZE E-MAIL AS PERSONAL DATA

The insurer appealed to the court with a statement challenging the actions of Roskomnadzor to recognize the unlawful processing of personal data carried out by the company using the insurer's official website and forcing the termination of such processing of personal data as inconsistent with the law (case no. A40-139096/22).

According to the applicant, the processing by the insurer of the personal data of the managers and participants of the applicant by the method of "distribution", by placing them in the section "Management and participants" does not require the consent of the subject of personal data.

The courts of three instances agreed with the arguments of the insurer and recognized the actions of the interested person as illegal, pointing out that the disputed actions do not comply with the requirements of current legislation and violate the rights and legitimate interests of the company in the field of entrepreneurial and other economic activities.

The Supreme Court of the Russian Federation refused to transfer the case to the judicial board.

Thus, the courts confirmed that the statement of Roskomnadzor that the e-mail address is the personal data of the person who registered it, since by analogy with the phone number, without the presence of additional identifiers, it is impossible to identify the specific individual to whom it belongs by e-mail address alone.