For refusing to unlock your phone when entering Russia, you can now be jailed for 15 days
The FSB warned that it would consider this insubordination to a lawful demand. The new practice applies to all foreigners, including Belarusians.
Photo: TASS
Refusal to unlock a mobile phone or other electronic device at the request of a Russian border guard when entering the country can lead to administrative arrest for a period of up to 15 days. The corresponding official explanation from the Border Service of the FSB of Russia was announced by the representative office of the Ministry of Labor of Tajikistan in the Russian Federation, writes the publication "Gazeta.ru".
According to the explanations of the Russian special services, border guards have the legal right to inspect personal phones, laptops, and other electronic devices when crossing the state border for the purpose of countering extremism and smuggling.
If a foreigner refuses to unlock the device and hand it over to the inspector, this will be considered insubordination to a lawful demand of an official (according to the Russian Code of Administrative Offenses). This carries a fine of up to 7,000 Russian rubles or arrest for a period of up to 15 days. In this regard, foreigners heading to the Russian Federation are officially recommended to take these requirements into account to prevent delays and problems at the border.
It should be noted that although this warning was initially announced for citizens of Tajikistan, it applies to all foreigners entering Russia, including citizens of Belarus. At the same time, Russian lawyers point out a clear legal conflict: the demand to unlock the phone and provide access to correspondence directly contradicts the Constitution of the Russian Federation, which guarantees the secrecy of correspondence. An "inspection of a thing," which is permitted by the law on the state border, does not automatically mean access to messengers, email, or cloud storage.
Lawyers advise that in such situations, one should calmly present the device itself as a thing, but if asked to unlock it, one should ask the border guard to state the specific legal basis for such a demand with reference to a norm of law, and also demand procedural documentation (drawing up a protocol) with the participation of a defender.
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