home-Windows 8-Communication legal regulation in the information sphere. Legal regulation in the information sphere. The purpose of the lesson: students will learn how to use the Federal Law in the field of information security in everyday life. Questions and tasks

Communication legal regulation in the information sphere. Legal regulation in the information sphere. The purpose of the lesson: students will learn how to use the Federal Law in the field of information security in everyday life. Questions and tasks

Basic laws information law occupy a special place in the system of information legislation. Since their appearance in the domestic legal system, they have been designed to perform two functions:

a) using the basic (general) provisions to determine the general regulatory legal climate for the legal support of the information sphere of human activity as a whole, i.e. regardless of the industry impact on it;

b) directly regulate information legal relations arising in relation to information and related systems, as well as in connection with the use of the main objects of law of an information nature (information systems, information and telecommunication networks, mass media and information limited access, electronic signature, information technology, information security and information security).

To the general provisions of the basic federal laws legal regulation of the information sphere of public relations include:

basic concepts information sphere and their definitions,

principles of legal regulation,

legal status of major actors information legal relations,

general rules behavior of subjects of information legal relations, containing general permissions, prohibitions and restrictions in the information sphere.

In other words, the norms of the basic laws of information legislation determine basic provisions of the general legal regime information and related systems.

Consequently, the norms of basic laws have two effects on information legal relations:

1) determine general terms and Conditions legal regime information in relation to its individual sectoral subgroups - labor, administrative, criminal law, etc .;

2) install general rules of conduct in the field of information, information systems, information technologies, as well as general rules for ensuring legal protection of the interests of the individual, society and the state in the information sphere.

Federal Law of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection"

Federal Law of 07.07.2003. No. 126-FZ "On Communication"

Federal Law of 09.02.2009 No. 8-FZ "On ensuring access to information on the activities of state bodies and local self-government bodies"

Federal Law of 22.12.2008 No. 262-FZ "On ensuring access to information on the activities of courts in Russian Federation»

Federal Law of 06.04.2011 No. 63-FZ "On Electronic Signature"

Law of the Russian Federation "On the Mass Media"

Federal Law of June 21, 1993 No. 5485-1 "On State Secrets", Federal Law of July 29, 2004 No. 98-FZ "On Commercial Secrets."


Federal Law of 27.07.2006 N 152-FZ "On personal data"

Federal Law of 10.01.2003 No. 20-FZ "On the State Automated System of the Russian Federation" Elections "

Federal laws on librarianship, on archiving and on statistics

Question 20.

FEDERAL LAW ON INFORMATION, INFORMATION TECHNOLOGIES AND ON THE PROTECTION OF INFORMATION, dated 27.07.2006 No. 149

Contains 18 articles, not divided into chapters.

Real Federal law regulates relations arising from:

1) the exercise of the right to search, receive, transfer, produce and disseminate information;

2) the use of information technology;

3) ensuring the protection of information.

Information can be the object of public, civil and other legal relations. Information can be freely used by any person and transferred from one person to another, unless otherwise provided by law. Publicly available information includes generally known information and other information, access to which is not limited. Such information can be used by any person at their discretion.

There is also a restriction of access to information established by federal laws in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the country's defense and state security.

Protection of information represents the adoption of legal, organizational and technical measures aimed at:

1) ensuring the protection of information from unauthorized access, destruction, modification, blocking, copying, provision, distribution, as well as from other illegal actions in relation to such information;

2) observance of confidentiality of information of limited access;

3) the exercise of the right to access information.

Objects of legal relations:

1. information- information (messages, data) regardless of the form of their presentation;

2. electronic message- information transmitted or received by the user of the information and telecommunication network

3. documented information- information recorded on a material medium with details.

4. electronic document - documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers.

5. website page on the Internet- a part of a site on the Internet, access to which is carried out by an index consisting of a domain name and symbols determined by the owner of the site on the Internet;

Subjects of legal relations:

1. information holder- a person who independently created information or received, on the basis of a law or an agreement, the right to authorize or restrict access to information determined by any criteria;

2. information system operator- citizen or entity carrying out activities for the operation of the information system, including the processing of information contained in its databases;

3. site owner on the Internet- a person who independently and at his own discretion determines the procedure for using the site on the Internet, including the procedure for posting information on such a site;

4. hosting provider- a person who provides services for the provision of computing power for placing information in an information system permanently connected to the Internet.

21 questions.

6 chapters:

A) general provisions B) principles and conditions for the processing of personal data C) the rights of the subject of personal data D) obligations of the operator E) Control and supervision over the processing of personal data. Responsibility for violation of the requirements of this Federal Law E) final part

1. The concept of information relations... Information relations - a separate, homogeneous group of public relations arising from the circulation of information in the information sphere as a result of the implementation of information processes in the exercise of information rights and freedoms by each person, as well as in the exercise of obligations by state authorities and local self-government bodies to ensure guarantees of information rights and freedoms ...

2. Basics of the legal regime of information resources... According to the Federal Law "On Information, Informatization and Protection of Information" information resources are objects of relations between individuals, legal entities, the state, constitute information resources of Russia and are protected by law along with other resources. The legal regime of information resources is determined by the norms establishing:

The procedure for documenting information

Ownership of individual documents and individual arrays of documents, documents and arrays of documents in information systems

The procedure for legal protection of information

3. Normative legal acts regulating information relations... There are several levels of regulatory legal acts regulating information relations: the Constitution of the Russian Federation, international treaties of the Russian Federation, federal regulatory legal acts, regulatory legal acts of the constituent entities of the Russian Federation.

Constitution of the Russian Federation. It includes norms on the delimitation of the subjects of jurisdiction of the Russian Federation and the subjects of the Russian Federation, as well as norms on the rights and freedoms of a person and a citizen in the field of information relations. According to Art. 71 information and communications are under the jurisdiction of the Russian Federation. According to Art. Everyone has the right to freely seek, receive, transmit, produce and distribute information in any legal way. Freedom of the media is guaranteed; censorship is prohibited. The list of information constituting a state secret is determined by federal law. According to Art. 23 everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages; limitation of this right is allowed only on the basis of a court decision. According to Art. Collection, storage, use and dissemination of information about a person's private life without his consent is not allowed. According to Art. 33 citizens of the Russian Federation have the right to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies. According to Art. 24 public authorities and local self-government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect his rights and freedoms, unless otherwise provided by law. According to Art. Everyone is guaranteed freedom of literary, artistic, scientific, technical and other types of creativity and teaching. According to Art. 42 everyone has the right to reliable information about the condition environment... According to Art. 41 concealment by officials of facts and circumstances that pose a threat to the life and health of people entails liability in accordance with federal law. According to Art. 15 any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information.

International treaties of the Russian Federation. These are international treaties of a general nature (for example, the Universal Declaration of Human Rights of December 10, 1948, containing the rule on the freedom to seek, receive and impart information and ideas by any means and regardless of state borders), as well as international treaties specifically related to information relations. The latter include, for example, multilateral treaties - London Convention on Information Concerning Foreign Law (1968), Brussels Convention on the Distribution of Program-Carrying Signals Transmitted by Satellite (1974), Geneva Convention of the International Telecommunication Union (1992). Special international agreements in the field of information include the Convention on Crime in the Field of Computer Information (2001), to which the Russian Federation is not a party. Examples of bilateral agreements are: Agreement between the Government of the Russian Federation and the Government of Ukraine on cooperation in the field technical protection Information (1996), Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on cooperation in the field of information protection (1997), Agreement between the Government of the Russian Federation and the Government of the Kyrgyz Republic on cooperation in the field of information (1999).

Federal laws. Federal laws governing information relations can be divided into several groups.

1) legislation on the formation of information resources, the preparation of information products, the provision of information services. The basic act of this legislation is the Federal Law “On Information, Informatization and Information Protection”. This also includes federal laws "On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly", "On the legal deposit of documents", "On participation in international information exchange"

2) legislation on the creation and use of information systems, their networks, other information technologies and means of their support. This includes federal laws "On Communications", "On Technical Regulation" (for example, the norm on all-Russian classifiers of technical, economic and social information), "On Electronic Digital Signatures"

3) legislation on state secrets

4) legislation on trade secrets

5) legislation on the media. This includes federal laws "On the Mass Media", "On the Procedure for Coverage of the Activities of State Authorities in the State Mass Media"

6) legislation on librarianship

7) legislation on archives

The laws of the constituent entities of the Russian Federation. Examples of laws of the constituent entities of the Russian Federation in the field of information are the laws of the city of Moscow "On information resources and informatization of the city of Moscow", "On guarantees of availability of information on the activities of public authorities of the city of Moscow."

1. The content of the concept of "information" in the legislation... According to Art. 2 of the Federal Law "On Information, Informatization and Protection of Information" information - information about persons, objects, facts, events, phenomena and processes, regardless of the form of their presentation. This definition of the term "information" in Russian legislation is not the only one. Another formulation follows from the content of the concept of "mass information" given in the Law of the Russian Federation "On the Mass Media", the Federal Law "On Participation in International Information Exchange". According to these regulations, mass information is printed, audio, audiovisual and other messages and materials intended for an indefinite circle of persons. If we consider that the formulation “intended for an indefinite circle of persons” shows a specific difference in the concept of “mass information”, then the information itself is printed, audio, audiovisual, and other messages and materials. Thus, one law understands information as information, another - messages and materials. According to lawyers, "information" constitutes the content of "messages and materials". The legislation also provides a definition of computer information. According to Part 1 of Art. 272 of the Criminal Code computer information is understood as information on a machine medium, in a computer, a computer system or their network.

2. The content of the concept of "information processes" in the legislation... According to Art. 2 of the Federal Law "On Information, Informatization and Information Protection" information processes are the processes of collecting, processing, accumulating, storing, searching and disseminating information. Thus, the concept of "information processes" is defined in the law through the enumeration of six types of these processes. This list is not exhaustive and the only one in the legislation. The same Law on Information in Art. 1 contains a wider list of information processes: in addition to the named processes, it also mentions the creation and provision of documented information to the consumer. The list of information processes is also given in Part 4 of Art. 29 of the Constitution of the Russian Federation, which establishes the right of everyone to freely seek, receive, transmit, produce and distribute information in any legal way. From this it follows that the legislator did not set himself the goal of describing in detail information processes, listing all their varieties, and did not attach importance to the correlation of information processes named in various regulatory legal acts. Thus, before us is not a definition of information processes, but rather their general characteristics, consisting in active and passive actions in relation to information. Active actions in relation to information can be called, in particular, search and distribution, passive - receipt and storage.

1. The content of the concept of "documented information (document)" in the legislation... According to Art. 1 of the Federal Law "On Librarianship", a document is a material object with information recorded on it in the form of text, sound recording or an image, intended for transmission in time and space for storage and public use. This definition has a significant flaw - a limited set of forms for recording information (for example, documents in which information is recorded in the form of electromagnetic signals do not fall under this definition). A similar definition was in Art. 1 of the Federal Law "On the obligatory copy of documents"; later in this law changes were made and the definition of the document was set out in the following edition: "a document is a tangible medium with information recorded on it in the form of text, sound recording (phonogram), image or their combination, intended for transmission in time and space for public use and storage" ... According to Art. 2 of the Federal Law "On Information, Informatization and Information Protection" documented information (document) - information recorded on a material carrier with details that allow it to be identified. This definition does not give any. the list of methods for documenting information, therefore, they can be any known today, as well as methods that will appear in the future. In jurisprudence, the term "computer (machine, electronic) document" has been used for a long time, the definition of which was finally formulated in Art. 3 of the Federal Law "On Electronic Digital Signature", according to which an electronic document is a document in which information is presented in electronic digital form.

2. The content of the concept of "information resources" in the legislation... According to Art. 2 of the Federal Law "On Information, Informatization and Protection of Information" information resources - individual documents and individual arrays of documents, documents and arrays of documents in information systems (libraries, archives, funds, databanks, other information systems). Consequently, information resources, within the meaning of the law, do not constitute information in its pure form; they are formed only by documented information. However, a different understanding of information resources is found in the Customs Code of the Russian Federation, according to which the information resources of customs authorities comprise documents and information submitted by persons when performing customs operations in accordance with the Code, as well as other documents and information available to customs authorities in accordance with the Code and other federal laws. Information resources as documents can be considered as objects of property rights and be part of the corresponding property. For example, according to the Federal Law "On Charitable Activities", a charitable organization may own or have other property rights: buildings, structures, equipment, funds, securities, information resources, and other property.

3. The content of the concept of "information system" in the legislation... According to Art. 2 of the Federal Law "On Information, Informatization and Protection of Information" information system is an organizationally ordered set of documents (arrays of documents) and information technologies, incl. using funds computing technology and communications that implement information processes. The most common information systems, based on the definition of information resources, include: library, archive, fund, data bank. The Federal Law "On Electronic Digital Signatures" discloses the content of the concepts "public information system" and "corporate information system". Public information system - an information system that is open for use by all individuals and legal entities and in the services of which these persons cannot. denied. An example of a public information system is the Internet. Corporate information system - an information system, the participants of which may be. a limited number of persons determined by its owner or by agreement of the participants in this information system. The legislation mentions another type of information systems - an automated information system (Federal Law "On the State Automated System of the Russian Federation" Elections "").

The Criminal Law (part 1 of Art. 272 ​​of the Criminal Code) understands computer information as information on a machine carrier, in an electronic computer (ECM), a computer system or their network.

1. Documented and undocumented information... As can be seen from the analysis of the Federal Law "On Information", any documented information is subject to legal protection, the unlawful handling of which may harm its owner, proprietor, user and other person. Analysis of the text of Art. 273 of the Criminal Code, where, when the term "information" is mentioned, the indication of its protection by law is removed, shows that when actions are carried out with malicious programs for computers (Article 273), any one is subject to criminal law protection (with the restrictions that will be discussed below) information, regardless of whether it is documented or not, whether it has an owner or is intended for use by an unlimited number of persons. When committing two other crimes in the field of computer information (Articles 272, 274 of the Criminal Code of the Russian Federation), documented information is subject to criminal law protection, the way of using which is established by its owner.

2. Software tools... The subject of criminal influence m. also information in the form of software tools to ensure correct operation computer technology... Known cases of unlawful penetration into computers show that in order to influence information, attackers are usually forced first of all to change different ways software(or the order of their work), ensuring the interaction of computer devices with each other and with the user. The impact of this type is carried out on OS and service programs providing communication tasks.

The question of assigning programs to the category of computer information requires additional clarification. The Federal Law "On Information" ranked computer programs as means of providing automated information systems. The commentary to this provision of the law specifically emphasizes the advisability of separating the terms "documented information" and "software" in order to avoid confusion when solving problems of legal regulation of relations associated with these objects. The fact is that a computer program actually has a dual nature: on the one hand, it is a tool for influencing information, on the other, it itself, as a set of commands and data, is information.

From a forensic point of view, a program stored in a computer, like any other limited amount of information, mb. subjected to any of the influences provided for by the criminal law (destruction, modification, blocking, etc.). It is impossible not to see that a computer program also has a set of features characteristic of documented information, and is directly protected by the relevant laws. Article 273 of the Criminal Code also provides for a special case of illegal access to computer information - making changes to existing programs.

3. The concept of computer information... It is obvious that the direct use in forensic practice of the concept of information set forth in the Federal Law "On Information", without taking into account the position of the legislator specified in the Criminal Code, would not be correct. However, the points of view of the authors of the comments to the Criminal Code were divided on this issue. Some combine the positions of the two laws, others propose to use in practice directly the definition given by the legislator. Still others, realizing the contradictions that have arisen, offer their own definition. So, in the opinion of the authors of one of the comments, computer information is information recorded on a machine carrier and transmitted through telecommunication channels in a form that is accessible to a computer.

Most likely, the definition of "computer" in relation to information arose to delimit this type of crime, provided for by other sections of the Criminal Code of the Russian Federation. These considerations make it possible to include computer programs in the concept of "computer information" along with other types of information described. Based on the foregoing, it can be assumed that computer information is information, knowledge or a set of commands (program) intended for use in a computer or its control, located in a computer or on machine media, - an identifiable element of an information system that has an owner who has established the rules its use.

As for the difference in the terms “computer information” (Article 272), “computer information” (Article 274), it was not possible to find a reasoned explanation. Perhaps, in the Criminal Code, they are used interchangeably.

The purpose of the lesson: students will learn to use the Federal Law in the field of information security in everyday life. Objectives: students will learn to understand and apply the terms: information resources, information security, information crime; are aware of the need to comply with ethical standards and legal foundations of information activities.










The fourth information revolution gave impetus to such a significant change in the development of society that a new term appeared to characterize it - “information society”. Information society is a computerized society, in all spheres of life and activity of which a computer and telematics are included. Telematics - processing information at a distance. The information revolution is a radical change in the information field. The modern understanding of information culture lies in the ability and needs of a person to work with information by means of new information technologies. Information society the main product of production is information and knowledge


V information society measures of legal regulation of the newly arisen relations are necessary. Not a single country has harmonious legislation that solves all the relevant problems arising in the information sphere. Each country follows its own path in this direction. In the last decade, the process of harmonizing national laws has also begun. Consider some of the laws in force in this area in the Russian Federation


Everyone who works with computer information must clearly realize his responsibility for maintaining the necessary degree of its confidentiality. 1. Federal Law "On the Legal Protection of Computer Programs and Databases" adopted in 1996 (its main provisions were reproduced in 2006 in the Civil Code of the Russian Federation) For example: Software for computers 2. Federal Law "On Information, Information Technologies and Information Protection »(Adopted in 2006) The law protects information resources (personal and public) from distortion, damage, destruction. For example: websites, various databases


Legal regulation Information itself is not a material object, but it is fixed on material carriers. Initially, information is in the memory of a person, and then it is alienated and transferred to material carriers: books, disks, cassettes and other drives designed to store information.


As a consequence, information can be replicated through the distribution of a tangible medium. The movement of such a material medium from the subject-owner, creating specific information, to the subject-user, entails the loss of ownership of the owner of the information. The intensity of this process has increased significantly due to the total spread of the Internet.


National information resources National resources are spoken of in relation to a particular state, they include library and archival resources, scientific and technical information industry information, information from government agencies, information resources of the social sphere, etc.


Types of national information resources library and archival resources, scientific and technical information, industry information, information of state structures, information resources of the social sphere The library network of Russia has 150 thousand libraries The archival fund of the Russian Federation is annually replenished with 1.6 million documents. over 400 databases supported


Scientific and technical information centers, including specialized publications, patent services, etc. Example: VINITI RAS - All-Russian Institute scientific and technical information Russian Academy Sciences Industry information resources are available in any industrial, social and other spheres of society Information resources of the social sphere are associated with education, medicine, the pension system, employment services, etc.


Article 8 of the Law describes in detail the rights of citizens to access information, including information from state bodies and local self-government bodies. Article 16 establishes the obligations of the operator of the information system to prevent unauthorized access to information and its transfer to persons who do not have the right to access information. Article 17 talks about responsibility for offenses in the field of information, information technology and information protection


3. Federal Law "On Personal Data" (2006) The purpose of the law is to ensure the protection of human and civil rights and freedoms when processing his personal data, including the protection of the rights to privacy, personal and family secrets. Without the written consent of the subject, in particular, the processing of special categories of personal data related to race, nationality, health status, intimate life, as well as biometric data is not allowed. 4. Federal Law "On Electronic Signatures" a) electronic signature key - a unique sequence of characters designed to create an electronic signature; b) electronic signature verification key - a unique sequence of characters uniquely associated with the electronic signature key and is designed to verify the authenticity of the electronic signature. For example: Federal procurement site /zakupki.gov.ru/


Medical records that are the subject of medical confidentiality can be of interest to employers and cause unjustified refusals in hiring. For example, the concentration of a large amount of information about people in databases creates the potential danger of unauthorized access to it and its use in an inappropriate way. For example, information about the income of people with high incomes is always the object of attention of criminals.


Technical information from computers of firms and enterprises strive to get competitors at any cost. Email addresses legally collected (for example, when ordering goods on the Internet) can fall into the hands of unscrupulous businessmen and be used for mass mailing of annoying advertisements.


Only bodies specially authorized by the state have the right to issue such keys. Violation of the law in the field of information provides for both civil and criminal liability. In 1996, the section "Crime in the field of computer information" was first included in the Criminal Code. He determined the punishment for some types of crime, which, unfortunately, have become widespread. For unlawful access to computer information, which entailed the destruction, blocking, copying of information, disruption of the operation of computers, computer systems, punishment is provided in the form of a fine in the amount of up to five hundred times the minimum wage or imprisonment for up to two years. The same act, committed by an organized group or by a person using his official position, is punishable by a fine in the amount of up to 800 times the minimum wage or by imprisonment for a term of up to five years.


For the creation malware for a computer to receive imprisonment for up to 3 years, and in the presence of grave consequences - up to 7 years. For violation of the rules for operating a computer or computer network a person who has appropriate access, resulting in the destruction, blocking of information protected by law, if his act caused significant harm, can be punished by a ban on holding certain positions for up to five years or, in the presence of grave consequences, by imprisonment for up to four years. Hacking passwords, stealing credit card numbers and other bank details, disseminating illegal information (libel, pornographic materials, materials that incite interethnic and interreligious enmity, etc.) through the Internet are all criminal activities, the punishment for which can be much more tougher than those listed above.


Note that the legal regulation in the information sphere, due to its rapid development, will always lag behind life. As you know, the happiest life is not the society in which all human actions are regulated, and punishments for all wrongdoing are prescribed, but the one that is guided primarily by considerations of an ethical order. This means that the state will not abuse the information entrusted to it by a citizen, because it is organized properly; that information is not stolen, not because punishment is provided for it, but because a person considers theft, in any of its manifestations, to be a low act that defames himself. It is to such a relationship between the state and the individual, as well as between individual members of society, that we should strive for.


Questions 1. What law will you refer to if you are harmed by using information related to your private life? (Federal Law "On Personal Data") 2. What actions does the Criminal Code classify as crimes in the computer information sphere? Homework § 23 p.

Basic laws of information law

    Basic laws of information law occupy a special place in the system of information legislation. Since their appearance in the domestic legal system, they have been designed to perform two functions:

    a) using the basic (general) provisions to determine the general regulatory legal climate for the legal support of the information sphere of human activity as a whole, i.e. regardless of the industry impact on it;

    b) directly regulate information legal relations arising from information and related systems, as well as in connection with the use of the main objects of information law (information systems, information and telecommunication networks, mass media and information of limited access, electronic signature, information technology, information protection and information security).

    The general provisions of the basic federal laws of legal regulation of the information sphere of public relations include:

    basic concepts information sphere and their definitions,

    principles of legal regulation,

    legal status of major actors information legal relations,

    general rules behavior of subjects of information legal relations, containing general permissions, prohibitions and restrictions in the information sphere.

    In other words, the norms of the basic laws of information legislation determine basic provisions of the general legal regime information and related systems.

    Consequently, the norms of basic laws have two effects on information legal relations:

    1) determine general conditions of the legal regime information in relation to its individual sectoral subgroups - labor, administrative, criminal law, etc .;

    2) install general rules of conduct in the field of information, information systems, information technology, as well as general rules for ensuring the legal protection of the interests of the individual, society and the state in the information sphere.

Federal Law of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection"

Federal Law of 07.07.2003. No. 126-FZ "On Communication"

Federal Law of 09.02.2009 No. 8-FZ "On ensuring access to information on the activities of state bodies and local self-government bodies"

Federal Law of 22.12.2008 No. 262-FZ "On ensuring access to information on the activities of courts in the Russian Federation"

Federal Law of 06.04.2011 No. 63-FZ "On Electronic Signature"

Law of the Russian Federation "On the Mass Media"

Federal Law of June 21, 1993 No. 5485-1 "On State Secrets", Federal Law of July 29, 2004 No. 98-FZ "On Commercial Secrets".

Federal Law of 27.07.2006 N 152-FZ "On Personal Data"

Federal Law of 10.01.2003 No. 20-FZ "On the State Automated System of the Russian Federation" Elections "

Federal laws on librarianship, on archiving and on statistics

FZ "About information, information technology and information protection "Dated 27.07.2006 No. 149-FZ;

FZ "About trade secrets "Dated July 29, 2004 No. 98-FZ (as amended on December 18, 2006);

Information represents information (messages, data) regardless of the form of their presentation.

The Civil Code of the Russian Federation recognizes information as an independent object of legal relations(article 128); since information refers to intangible goods, then it can act as an object of civil rights only if it has an external, objective form of expression, that is, it is fixed (fixed) on some material medium. In this regard, the legislation considers only information presented in the form of a document in a documented form as an object of legal regulation.

The term " human and citizen's right to information”Appeared for the first time in the Universal Declaration of Human Rights of 1948, where the right of everyone to seek, receive and disseminate information by any means, regardless of state borders, is defined as the task to which all peoples and states should strive.

In Russia, the right of a person and a citizen to information was first enshrined in Declaration of the rights and freedoms of man and citizen of 1991 and in the Constitution of the Russian Federation of 1993... According to Art. 29 of the Constitution of the Russian Federation, everyone has the right to freely seek, receive, transmit, produce and distribute information in any legal way. Art. 128 of the Civil Code of the Russian Federation indicates information as an independent object of civil rights.

The Federal Law regulates relations arising from:

1) the exercise of the right to search, receive, transfer, produce and disseminate information;

2) the use of information technology;

3) ensuring the protection of information.

Federal Law provisions do not apply on the relations arising from the legal protection of the results of intellectual activity and the means of individualization equated to them.

Legal regulation of relations arising in the field of information, information technology and information protection is based on the following principles:

    freedom to search, receive, transfer, produce and disseminate information in any legal way;

    establishing restrictions on access to information only by the Federal Law;

    openness of information on the activities of state bodies and LSG bodies and free access to such information, except for cases established by the Federal Law;

    equality of the languages ​​of the peoples of the Russian Federation in the creation of information systems and their operation;

    ensuring the security of the Russian Federation during the creation of information systems, their operation and protection of the information they contain;

    reliability of information and timeliness of its provision;

    inviolability of private life, inadmissibility of collection, storage, use and dissemination of information about a person's private life without his consent;

    the inadmissibility of establishing by regulatory legal acts any advantages of using some information technologies over others, unless the mandatory use of certain information technologies for the creation and operation of state information systems is established by the Federal Law.

The legislation of the Russian Federation on information, information technologies and on the protection of information is based on the Constitution of the Russian Federation, international treaties of the Russian Federation and consists of this Federal Law and other Federal Law regulating relations on the use of information.

The procedure for storing and using the documented information included in the archival funds is established by the legislation on archiving in the Russian Federation.

Information can be the object of public, civil and other legal relations... Information can be freely used by any person and transferred by one person to another person, if the Federal Law does not establish restrictions on access to information or other requirements for the procedure for its provision or dissemination.

Information, depending on the category of access to it, is divided into publicly available information, as well as information, access to which is restricted by the Federal Law(restricted information).

Information, depending on the procedure for its provision or distribution, is divided into:

1) information freely distributed;

2) information provided by agreement of the persons participating in the relevant relationship;

3) information that, in accordance with the Federal Law, is subject to provision or distribution;

4) information, the dissemination of which in the Russian Federation is restricted or prohibited.

The legislation of the Russian Federation can establish the types of information depending on its content or owner.

Information holder can be a citizen (individual), a legal entity, the Russian Federation, a constituent entity of the Russian Federation, a municipal entity.

On behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation, the powers of the information owner are exercised, respectively, by state bodies and LSG bodies within the limits of their powers established by the relevant regulatory legal acts.

The owner of the information, unless otherwise provided by the Federal Law, has the right:

1) allow or restrict access to information, determine the procedure and conditions for such access;

2) use the information, including disseminate it, at its own discretion;

3) transfer information to other persons under an agreement or on another basis established by law;

4) protect their rights in the manner established by law in the event of illegal receipt of information or its illegal use by other persons;

5) carry out other actions with information or authorize the implementation of such actions.

The owner of the information, when exercising his rights, is obliged to:

1) observe the rights and legitimate interests of other persons;

2) take measures to protect information;

3) restrict access to information, if such a duty is established by the Federal Law.

To publicly available information includes generally known information and other information, access to which is not limited. Publicly available information can be used by any person at their discretion, subject to the restrictions established by the Federal Law regarding the dissemination of such information. The owner of information that has become publicly available by his decision has the right to require the persons disseminating such information to indicate themselves as a source of such information.

Citizens (individuals) and organizations (legal entities) (hereinafter - organizations) have the right search for and receive any information in any form and from any source, subject to the requirements established by this Federal Law and other Federal Laws.

A citizen (individual) has the right to receive information from state bodies, LSG bodies, their officials in the manner prescribed by the legislation of the Russian Federation, information directly affecting his rights and freedoms.

The organization has the right to receive information from state bodies, LSG bodies directly related to the rights and obligations of this organization, as well as information necessary in connection with interaction with these bodies in the implementation of its statutory activities by this organization.

Access to:

1) regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing the legal status of organizations and the powers of state bodies, LSG bodies;

2) information about the state of the environment;

3) information on the activities of state bodies and LSG bodies, as well as on the use of budgetary funds (with the exception of information constituting a state or official secret);

4) information accumulated in open collections of libraries, museums and archives, as well as in state, municipal and other information systems created or intended to provide citizens (individuals) and organizations with such information;

5) other information, the inadmissibility of restricting access to which is established by the Federal Law.

State bodies and LSG bodies are obliged to provide access to information about their activities in Russian and the state language of the corresponding republic within the Russian Federation in accordance with the Federal Law, the laws of the constituent entities of the Russian Federation and the laws of the local government bodies. A person who wants to get access to such information is not obliged to justify the need to obtain it.

Decisions and actions (inaction) of state bodies and LSG bodies, public associations, officials that violate the right to access information can be appealed to a higher body or a higher official or to a court.

If, as a result of unlawful denial of access to information, untimely provision of it, provision of knowingly inaccurate information or information that does not correspond to the content of the request, losses have been caused, such losses are subject to compensation in accordance with civil law.

Information is provided free of charge:

1) on the activities of state bodies and LSG bodies posted by such bodies in information and telecommunication networks;

2) affecting the rights and obligations of the interested person established by the legislation of the Russian Federation;

3) other information specified by law.

The establishment of a fee for the provision by a state body or an LSG body of information about its activities is possible only in the cases and under the conditions established by the Federal Law.

Restricting access to information The Federal Law is established in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the country's defense and state security.

Mandatory isobservance of confidentiality of information , access to which is limited by the Federal Law.

Protection of information constituting a state secret is carried out in accordance with the legislation of the Russian Federation on state secrets.

Federal Law establishes the conditions for classifying information as information constituting trade secret, official secrets and other secrets, the obligation to maintain the confidentiality of such information, as well as the responsibility for its disclosure.

Information received by citizens (individuals) in the performance of their professional duties or organizations in the implementation of certain types of activities ( professional secrecy), is subject to protection in cases where these persons of the Federal Law are entrusted with the obligation to maintain the confidentiality of such information.

Information constituting a professional secret can be provided to third parties in accordance with the Federal Law and (or) By the tribunal's decision.

The term for fulfilling obligations to maintain the confidentiality of information constituting a professional secret can be limited only with the consent of the citizen (individual) who provided such information about himself.

It is forbidden to require a citizen (natural person) to provide information about his private life, including information constituting a personal or family secret, and to receive such information against the will of the citizen (natural person), unless otherwise provided by the Federal Law.

The procedure for access to personal data of citizens (individuals) is established by the federal law on personal data.

In the Russian Federation, the dissemination of information is carried out freely subject to the requirements established by the legislation of the Russian Federation.

Dissemination of information is prohibited , which is aimed at propaganda of war, incitement of national, racial or religious hatred and enmity, as well as other information, for the dissemination of which criminal or administrative liability is provided.

The legislation of the Russian Federation or by agreement of the parties may establish requirements for documenting information.

In federal executive bodies, information is documented in accordance with the procedure established by the Government of the Russian Federation. The rules of office work and document flow established by other state bodies, LSG bodies within their competence must comply with the requirements established by the Government of the Russian Federation in terms of office work and document flow for federal executive bodies.

An electronic message signed with an electronic digital signature or another analogue of a handwritten signature is recognized as an electronic document equivalent to a document signed with a handwritten signature, in cases where the Federal Law or other regulatory legal acts do not establish or imply a requirement to draw up such a document on paper.

In order to conclude civil law contracts or formalize other legal relations in which persons exchanging electronic messages participate, the exchange of electronic messages, each of which is signed with an electronic digital signature or another analogue of the handwritten signature of the sender of such a message, in the manner prescribed by the Federal Law, other regulatory legal acts or agreement of the parties is considered as an exchange of documents.

Ownership and other property rights to tangible media containing documented information are established by civil law.

State regulation in the field of information technology application provides for:

    regulation of relations related to the search, receipt, transfer, production and dissemination of information using information technology (informatization), on the basis of the principles established by this Federal Law;

    development of information systems for various purposes to provide citizens (individuals), organizations, government agencies and LSG bodies with information, as well as ensuring the interaction of such systems;

    creation of conditions for effective use of information and telecommunication networks in the Russian Federation, including the Internet and other similar information and telecommunication networks.

State bodies, LSG bodies in accordance with their powers:

    participate in the development and implementation targeted programs application of information technology;

    create information systems and provide access to the information they contain in Russian and the state language of the corresponding republic within the Russian Federation.

Information resources by type of information are divided into:

    legal information,

    scientific and technical,

    financial and economic,

    statistical,

    about healthcare,

    about emergencies,

    personal (personal data), etc.

According to the form of ownership, information resources can be:

    state - federal resources, resources of the constituent entities of the Russian Federation, as well as resources under the joint jurisdiction of the Russian Federation and its constituent entities. The formation of federal information resources, resources of joint management, resources of the constituent entities of the Russian Federation is financed from the federal budget and the budgets of the constituent entities of the Russian Federation.

    non-state - municipal, resources of legal entities and individuals.

Relations arising in connection with the classification of information as a state secret are governed by RF Law of 21.07.1993 No. 5485-1 "On State Secrets". State secrets include information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may damage the security of the Russian Federation.

Information constituting a commercial secret , is scientific - technical, technological, production, financial - economic or other information (including the component of production secrets (know-how), which has actual or potential commercial value due to its unknown to third parties, to which there is no free access on legal the basis and in respect of which the owner of such information has entered the trade secret regime). (Federal Law "On Commercial Secrets").

In information relations, there are, on the one hand, business entities carrying out information activities professionally, and on the other hand, a user. The legal forms of these relations are various contracts. Used contracts for the performance of research, development or technological work; know-how transfer agreements; sales and purchase agreements, including supplies, commercial concepts, licensing agreements. Agreements for the provision of marketing, consulting and information services are widely used.

Consumers of information conclude with the relevant subjects who own information, for example, contracts for the provision of information services for a fee. Such service may consist in finding the necessary information, processing it, issuing data (documents), storing information. The parties can conclude an agreement on the protection of commercial secrets (confidentiality). A confidentiality agreement may precede the conclusion of know-how transfer agreements, sales contracts, or accompany the signing of major agreements. The choice by entrepreneurs of various contractual forms of information provision is one of the main directions of legal regulation of information relations.

Information protection mode established by general and special regulatory legal acts. For violation of the information protection regime, the guilty persons are brought to civil, administrative and criminal liability. Article 139 of the Civil Code of the Russian Federation, as the main method of protection, provides for compensation for damages caused by employees who divulged a commercial secret and counterparties associated with the owner of a commercial secret by a civil contract. According to Article 14 of the Federal Law "On Commercial Secrets", state authorities, other state bodies, local self-government bodies that have gained access to information constituting a commercial secret shall bear civil liability for the disclosure or illegal use of this information by their officials, state or municipal employees of the specified bodies, which she became known in connection with the performance of their official (official) duties.

According to article 183 of the Criminal Code of the Russian Federation criminal liability is provided for crimes in the information sphere. The basis for sanctions is the collection of information constituting commercial, tax or banking secrets, by stealing documents, bribery or threats, as well as in any other illegal way.

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