Annotation

The article studies the cross-border transfer of personal data as a qualifying factor of elements of crime provided for in Part 4 of Article 272.1 of the Criminal Code of the Russian Federation. Particular attention is paid to borderline qualification situations: transfer to a foreign cloud infrastructure, forwarding via instant messengers with foreign servers, actions of an employee with official access, transfer through intermediaries, and operations with anonymized data. The conclusion is made that the main practical problem is the distinction between administrative offences and crimes in the sphere of cross-border circulation of personal data; a system of qualification criteria aimed at reducing the risk of an expansive interpretation of the Criminal Code of the Russian Federation is proposed.