General concepts of personal data security. Legislative framework of the Russian Federation Federal Law 149 brief description

💖 Do you like it? Share the link with your friends
personal data;
  • change;
  • blocking;
  • copying;
  • disclosure of information and other illegal actions specified in 152-FZ.
  • Because under the concept " Personal data" includes such data about a person as last name, first name, patronymic, date and place of birth, address, family, social and property status, education, profession, information on income and much more, then the protection system personal data is needed by virtually any organization. In case of violation of the provisions of Law No. 152-FZ on the protection personal data the company may be brought to trial (up to and including suspension of operations, cancellation of relevant licenses), and the perpetrators may be subject to civil, criminal, administrative, and disciplinary liability. According to the law "On personal data", every enterprise must carry out personal data protection its users through the following means:

    1. Network access controls
    2. Leak Controls personal data
    3. Certified firewalls
    4. Certified products antivirus protection.

    Protection personal data at the final stage of creating the system is the certification of the information system according to the information protection requirements of the Federal Service for Technical and Export Control (FSTEC).

    The very concept personal data defined by the following expression: personal data- any information relating to a specific or determined on the basis of such information individual (subject personal data), including his last name, first name, patronymic, year, month, date and place of birth, address, family, social, property status, education, profession, income, other information. An interesting fact is that the law does not specifically and explicitly consider the fact that personal information can include photographs of the user, his passwords and logins for various web resources, as well as data of this type (for this type personal data doesn't explicitly state the definition personal data, although similar types of data may also be meant). This data can also be classified as personal data, and, in fact, it is. The law also introduces the concept of data relevance (that is, for example, a surname may change over time for a certain person). Article eight talks about a very interesting situation in relation to open storage areas personal data:

    1. For information purposes, publicly accessible sources may be created personal data(including directories, address books). To publicly available sources personal data with the written consent of the subject personal data may include his last name, first name, patronymic, year and place of birth, address, subscriber number, information about profession and other personal data provided by the subject personal data.
    2. Subject information personal data may be removed from public records at any time personal data at the request of the subject personal data or by decision of a court or other authorized government bodies.

    That is, various telephone directories distributed on the Internet are illegal, because although they are a public source, it is unlikely that the subjects were asked for their written consent to distribute their personal data in a publicly available form. Also interesting is article 10 about special categories personal data:

    1. personal data related to race, nationality, political views, religious or philosophical beliefs, health status, intimate life, are not allowed, except for the cases provided for in part 2 of this article.
    2. Processing of special categories specified in Part 1 of this article personal data is allowed in cases where:
      1. subject personal data consented in writing to the processing of his personal data;
      2. personal data are publicly available;
      3. personal data relate to the subject's health status personal data and their processing is necessary to protect his life, health or other vital interests, or the life, health or other vital interests of other persons, and obtaining the consent of the subject personal data impossible;
      4. processing personal data carried out for medical and preventive purposes, in order to establish a medical diagnosis, provide medical and medical and social services, provided that the processing personal data carried out by a person professionally engaged medical activities and obliged in accordance with the legislation of the Russian Federation to maintain medical confidentiality;
      5. processing personal data members (participants) of a public association or religious organization is carried out by the relevant public associations or religious organization operating in accordance with the legislation of the Russian Federation, to achieve the legitimate goals provided for by their constituent documents, provided that personal data will not be distributed without the written consent of the subjects personal data;
      6. processing personal data necessary in connection with the administration of justice;
      7. processing personal data carried out in accordance with the legislation of the Russian Federation on security, on operational investigative activities, as well as in accordance with the criminal executive legislation of the Russian Federation.
    3. Processing personal data a criminal record can be carried out by state bodies or municipal bodies within the powers granted to them in accordance with the legislation of the Russian Federation, as well as by other persons in cases and in the manner determined in accordance with federal laws.
    4. Handling special categories personal data carried out in the cases provided for in parts 2 and 3 of this article must be immediately terminated if the reasons for which the processing was carried out are eliminated.

    The law also provides for a special type personal data, called biometric personal data. This concept is introduced in Article 11 of the Law on personal data:

    1. Information that characterizes the physiological characteristics of a person and on the basis of which one can establish his identity (biometric personal data), can only be processed with the written consent of the subject personal data, except for the cases provided for in part 2 of this article.
    2. Biometric processing personal data may be carried out without the consent of the subject personal data in connection with the administration of justice, as well as in cases provided for by the legislation of the Russian Federation on security, the legislation of the Russian Federation on operational-search activities, the legislation of the Russian Federation on civil service, the criminal-executive legislation of the Russian Federation, the legislation of the Russian Federation on the procedure for leaving the Russian Federation and entry into the Russian Federation.

    As you can see, the legislative act expressed by Federal Law No. 152-FZ reliably protects personal data user. Along with this law, there is also a cross-cutting Federal Law No. 149-FZ “on information, information technology and on the protection of information." And although in general it does not relate to personal data, it indirectly intersects with them and the following article 8 of this law talks about the right of access to information:

    1. Citizens ( individuals) and organizations ( legal entities) (hereinafter referred to as organizations) have the right to search and receive any information in any forms and from any sources, subject to compliance with the requirements established by this Federal Law and other federal laws.
    2. A citizen (individual) has the right to receive from state bodies, local self-government bodies, and their officials in the manner established by the legislation of the Russian Federation, information that directly affects his rights and freedoms.
    3. The organization has the right to receive from state bodies and local governments information directly related to the rights and obligations of this organization, as well as information necessary in connection with interaction with these bodies when this organization carries out its statutory activities.
    4. Access to:
      1. regulatory legal acts affecting the rights, freedoms and responsibilities of humans and citizens, as well as establishing the legal status of organizations and the powers of state bodies and local governments;
      2. information on the state of the environment;
      3. information on the activities of state bodies and local self-government bodies, as well as on the use of budget funds (except for information constituting state or official secrets);
      4. information accumulated in open collections of libraries, museums and archives, as well as in state, municipal and other information systems ah, 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 federal laws.
    5. State bodies and local self-government 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 federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local self-government bodies. A person wishing to gain access to such information is not required to justify the need to obtain it.
    6. Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access information can be appealed to a higher body or higher official, or to court.
    7. If, as a result of an unlawful refusal of access to information, its untimely provision, or the provision of information that is knowingly unreliable or inconsistent with the content of the request, losses were caused, such losses are subject to compensation in accordance with civil law.
    8. Information provided free of charge:
      1. on the activities of state bodies and local self-government bodies, posted by such bodies in information and telecommunication networks;
      2. affecting the rights and obligations of the interested party established by the legislation of the Russian Federation;
      3. other information established by law.
    9. Establishing a fee for the provision by a state body or local government body of information about its activities is possible only in cases and under the conditions established by federal laws.

    By carefully studying these laws and their articles, you can delve most deeply into the legal aspects in the field of information protection.

    Federal law on information security dated July 27, 2006, relates to the section of legislation on state secrets.

    State secret is material protected by the state in the sphere of its military, foreign policy, economic, intelligence and operational investigative activities. The dissemination of relevant information could cause serious damage to Russia's security.

    The Federal Law on Information Protection was adopted by members of the State Duma on July 8, 2006 and approved by the Federation Council on July 14 of the same year. The content of the resolution is somewhat different from other legal acts of the Russian Federation. 149 of the Federal Law “On Information, Information Technologies and Information Protection” includes only articles; the law is not divided into separate chapters.

    The Information Law contains 18 articles:

    • Art. 1. Scope of the Federal Law;
    • Article 2. Main concepts of the Federal Law;
    • Article 3. Norms of legal regulation of relationships;
    • Article 4. Legislation of the Russian Federation regarding information, information technology and information protection;
    • Art. 5. Information as an object of legal relationships;
    • Art. 6. Holder of information;
    • Article 7. Public information;
    • Art. 8. Right to access information;
    • Art. 9. Restrictions on access to certain information;
    • Art. 10. Providing material or distributing it;
    • Art. 11. Documentation of material;
    • Article 12. Nationwide regulation in the field of application of information technologies;
    • Art. 13. Information systems;
    • Art. 14. State information systems;
    • Art. 15. Application of information and telecommunication networks;
    • Article 16. Legal protection of information;
    • Article 17. Responsibility for offenses;
    • Art. 18. On the recognition as invalid of certain legal acts of the Russian Federation.

    The latest changes to the law on information security of the Russian Federation were made on May 1, 2017. Law No. 149-FZ regulates the relations that arise when exercising the rights to search, receive, transmit, produce and disseminate information. And also when using information technology and ensuring the protection of information.

    Read also 282 Federal Law on statistical accounting. Latest edition

    Text of Federal Law 149

    149 The Federal Law on Information Technologies and Information Protection determines state policy in the field of the formation of reference resources and their directions. You can download Federal Law 149 in its latest edition.

    It is worth noting that citizens, government services, local government services, institutions and public associations are required to provide documented information to persons responsible for the formation and use of government information resources.

    Latest changes made to the information law

    IN Federal law No. 149-FZ approved the introduction of the concept of “owner of an audiovisual service”. The terms of the ban on the use of audiovisual services for the implementation of criminal offenses have been tightened. The innovations did not apply to all articles of 149-FZ.

    In Federal Law 149, the following articles should be highlighted:

    Article 2

    The latest changes approved by the Russian Federation were made on June 29, 2015. Clause 20 regarding search engine, which searches for information of certain content on the Internet. Used to carry out state and city functions, and other public powers established by Federal Law.

    Article 3

    The basic principles of legal regulation of relations are described. Article 3 has not undergone any innovations; all the same principles that were in the original publication of the document are relevant.

    Article 4

    The legislation of the Russian Federation, as before, is based on the Constitution of the Russian Federation. Legal regulation relationships are implemented in accordance with regulatory documents on the media. And the storage procedure is regulated by archiving legislation. No amendments or additions were made to the new edition.

    Article 7

    In mid-2013, the latest changes were approved in parts 4, 5, 6 of Article 7. It is allowed to post material on the Internet in a certain format that allows automated processing.

    Part 5 tightened measures regarding the dissemination of information that relates to state secrets. At the request of the relevant body for the protection of the rights of subjects, the publication of information in the form of open data will have to be suspended or stopped altogether.

    Article 8

    The latest innovations of the law were approved on July 27, 2010. Paragraph 5 in this Federal Law 149-FZ on information, service public administration is obliged to provide access to material about its activities, including using information and telecommunication networks.

    Article 13

    A new edition of Article 13 has been prepared based on new changes that were approved on December 31, 2014. For the free use of technical means of information systems, municipal enterprises must be located on the territory of Russia. According to the new additions, the procedure for monitoring compliance with standards is regulated by the Government of the Russian Federation.

    Article 15

    In July of this year, the latest changes were approved regarding Article 15 of Part 14. According to the new version of the law, the Federal Executive Service is obliged to notify about innovations through the interaction system federal service executive power of internal affairs.

    This Federal Law uses the following basic concepts:
    1) information - information (messages, data), regardless of the form of their presentation;
    2) information technologies - processes, methods of searching, collecting, storing, processing, providing, distributing information and methods of implementing such processes and methods;
    3) information system - a set of information contained in databases and information technologies and technical means that ensure its processing;
    4) information and telecommunications network - a technological system designed to transmit information over communication lines, access to which is carried out using means computer technology;
    5) owner of information - a person who independently created information or received, on the basis of a law or agreement, the right to permit or restrict access to information determined by any criteria;
    6) access to information - the ability to obtain information and use it;
    7) confidentiality of information - a mandatory requirement for a person who has gained access to certain information not to transfer such information to third parties without the consent of its owner;
    8) provision of information - actions aimed at obtaining information by a certain circle of persons or transmitting information to a certain circle of persons;
    9) dissemination of information - actions aimed at obtaining information by an indefinite circle of persons or transmitting information to an indefinite circle of persons;
    10) electronic message - information transmitted or received by a user of an information and telecommunication network;
    11) documented information - information recorded on a tangible medium by documenting with details that make it possible to determine such information or, in cases established by the legislation of the Russian Federation, its material medium;
    11.1) electronic document- documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers, as well as for transmission over information and telecommunication networks or processing in information systems;
    (as amended by Federal Law dated July 27, 2010 N 227-FZ)
    12) information system operator - a citizen or legal entity engaged in operating an information system, including processing information contained in its databases.
    13) site on the Internet - a set of programs for electronic computers and other information contained in an information system, access to which is provided through the information and telecommunications network "Internet" (hereinafter referred to as the "Internet") by domain names and (or ) by network addresses that allow you to identify sites on the Internet;
    (as amended by Federal Laws dated July 28, 2012 N 139-FZ, dated June 7, 2013 N 112-FZ)
    14) page of a site on the Internet (hereinafter also referred to as an Internet page) - part of a site on the Internet, access to which is carried out using an index consisting of a domain name and symbols defined by the owner of the site on the Internet;
    (as amended by Federal Law dated July 28, 2012 N 139-FZ)
    15) domain name- designation by symbols intended for addressing sites on the Internet in order to provide access to information posted on the Internet;
    (as amended by Federal Law dated July 28, 2012 N 139-FZ)
    16) network address - an identifier in the data transmission network that identifies the subscriber terminal or other means of communication included in the information system when providing telematic communication services;
    (as amended by Federal Law dated July 28, 2012 N 139-FZ)
    17) owner of a site on the Internet - a person who independently and at his own discretion determines the procedure for using a site on the Internet, including the procedure for posting information on such a site;
    (as amended by Federal Law dated July 28, 2012 N 139-FZ)
    18) hosting provider - a person providing services for the provision of computing power for placing information in an information system permanently connected to the Internet.
    (as amended by Federal Law dated July 28, 2012 N 139-FZ)
    19) unified system identification and authentication - a federal state information system, the procedure for use of which is established by the Government of the Russian Federation and which provides, in cases provided for by the legislation of the Russian Federation, authorized access to information contained in information systems.
    (as amended by the Federal Law

    Currently, the current legislation is based on a normative document that regulates the procedure, rules and requirements for the provision of information. Few people know what it is, and even more so those who have nothing to do with jurisprudence. Some nuances and norms of this legal act are set out in this article.

    Glossary of terms used in the law

    Some terms and definitions that are used in the said normative act are more clearly defined by the legislator so that citizens do not have doubts or ambiguity. So, among these definitions there are the following:

    1. From the point of view of the specified document, information means any information that can be expressed in the form of messages or other form. Moreover, they can be provided to third parties in any form.
    2. Information technologies are all kinds of methods, methods, and processes provided for by law that are used to discover, store, use and apply information.
    3. The owner of information is the person who produced it on his own or received it on the basis of any transaction provided for by law from other persons. The owner may also be a legal entity.
    4. Providing information - this definition means any actions that are aimed at transferring it from one person to another. In this case, the recipient can be either a specific person or an indefinite circle of recipients.
    5. Access to information is a legally and physically secured opportunity for recipients to acquire information. The types and forms of this access are determined by the relevant regulatory documents that regulate certain specific legal relationships in people's lives.
    6. Confidentiality is a requirement that is imposed on persons who have access to information, and consists of a prohibition on their disclosure without the permission of the owner of the information.

    Just a few of the concepts are listed here. For more complete information about all the definitions used in you need to look directly into it.

    Types of information

    So what is information? The Law “On Information, Information Technologies and Information Protection” reveals its essence as an object of legal relations. It can be the direct object of not only civil legal relations, but also public, government, and others. As a general rule, the information received is free to disseminate. That is, the person who received it has the right to transfer it to other persons. However, this rule applies only in cases where it is not confidential. Confidentiality, in turn, can be established both on the basis of any agreement concluded between the parties, and on the basis of legislation. For example, the law regulating operational investigative activities establishes the secrecy of information. Only persons specifically authorized to do so can gain access to it. Providing confidential information is possible only with the consent of its owner or on the basis of a judicial act.

    Based on the above, it can be divided into the following categories:

    • distributed freely and without restrictions;
    • distribution of which is possible only in accordance with the agreement;
    • distribution of which is possible only on the basis of laws;
    • the distribution of which is prohibited or limited on the territory of the Russian Federation.

    Holders of information

    Let's take a closer look at who is the owner of the information. regulating this issue, it is established that such persons can be individuals, organizations, as well as the Russian Federation itself. Subjects of the Russian Federation and municipalities can also be owners. If the person in question is the last three named entities, then on their behalf the rights and obligations are exercised by the relevant authorized officials. The powers of all holders include the following powers:

    • provide or partially provide access to information, establish the procedure for providing information and methods of this access;
    • use proprietary information at your own discretion;
    • provide information to other persons by concluding any agreement or in cases specified by law;
    • assert your rights to information if they are violated by third parties;
    • exercise other rights provided for or not prohibited by law.

    In addition to rights, the owner is also assigned certain responsibilities. These include respect for the interests of third parties and their legal rights. The owner of the information must also protect the information at his disposal, and if it is confidential, then limit access to it.

    Public information

    This type includes all information that is in the public domain. Usually this is also information that does not have limited access. Providing information that is not limited by anyone is essentially free of charge. However, it may have an owner who may require that those using it indicate him as the owner.

    Right to information

    Citizens and legal entities can obtain information by any not prohibited methods. They can search for it in all publicly available resources or write a statement requesting information. An example is the Internet, where an unlimited amount of free data is freely available. In addition, these persons have the right to demand that they receive the information they need from government bodies or other organizations. A request for information is sent by him to the owner of the information of interest, who, in turn, considers the request, and if the requested information is not protected by law or is not restricted for distribution, then he transfers the information to the applicant. It is understood that a person has the right to receive them if they affect his rights and obligations. a list has been established to which access cannot be prohibited or otherwise limited. This is the information:

    • about the state of the environment;
    • on the implementation by state bodies of their activities;
    • on laws and other regulations;
    • located in libraries and other places open to the public;
    • another, permitted for distribution.

    To receive them, you need to issue a letter of information provision and submit it to the appropriate authority.

    Access restriction

    General provisions for access restrictions are established in Art. 9 of the normative act under consideration. It states that these forms of providing information are regulated by the laws of the Russian Federation. This may be due to various factors. One of them is considered to be: protecting the constitutional system of the country, the health and safety of people, their interests, as well as preserving the defense capability of Russia. This, of course, is not the only reason to restrict access. The legislator determined that the restriction can be subdivided depending on the nature of confidentiality of the information. So, it may have a banking, service or some other kind. Accordingly, depending on the type of information, it is regulated by a special law. For example, the procedure for protecting and disseminating bank secrecy is described in the legislation regulating banking activities. It describes the procedure for disclosing information, as well as listing the cases and persons to whom it can be transferred.

    Spreading

    For the purpose of providing information normative document it has been determined that its distribution occurs freely in Russia, but only in accordance with the laws. It is also determined that the information disseminated must be reliable. This requirement applies not only to the content of the information itself, but also to information about the owner or distributor. In other words, the person receiving the information should be free (if desired) to find out who distributed it. For example, a site posting any message on the Internet must indicate its name (name of organization or full name of a citizen), place of registration or location where the owner (distributor) can be found, other contact information, including telephones and addresses email. Special requirements apply to such methods of distribution as transmission by sending electronic messages or postal letters. In such cases, the sender must provide the recipient with the opportunity to opt out of receiving this information. A good example is advertising SMS mailings, which senders can send to their customers only if they receive appropriate permission from them.

    Fixing

    The forms for providing information stipulate that in some cases the information transmitted by the parties to each other must be documented. This obligation is imposed on counterparties either by law or by an agreement signed between them. In government agencies, documentation is mandatory, and it is carried out in the manner determined by the government. For this purpose, special rules are issued. For the purposes of implementation between citizens, as well as between organizations, including government ones, a procedure for using electronic signature. In certain situations, parties are required to transmit information using such a signature.

    Protection

    The analyzed law “On Information, Information Technologies and Information Protection” establishes measures that must be taken by the state and other persons in order to protect it. So, among the list of these measures there are organizational, technical and, of course, legal measures. They are undertaken by stakeholders to:

    • safety of information from attacks on it by third parties, from their subsequent commission of any unlawful actions, from destruction, copying or distribution of information;
    • maintaining secrecy;
    • ensuring access to information.

    The state, in carrying out its functions, is obliged to take necessary actions for protection. They are expressed in establishing minimum requirements to relations associated with obtaining information, as well as in determining liability for their unlawful disclosure or other illegal actions. Security requirements include, in particular:

    1. Prevention of unauthorized access and subsequent transfer to third parties who do not have the right to do so.
    2. If possible, establish facts of illegal access.
    3. Preventing negative outcomes that may occur in the event of a violation established order obtaining information.
    4. Constant control.

    Responsibility

    As stated above, one of the functions of the state is to establish measures aimed at protecting information. For these purposes, the legislative body enacts laws and other regulations that provide for liability for the unlawful use of information. Responsibility, of course, is graded depending on the degree of socially dangerous act. It may be provided for by different laws and codes. So, if the violation is very serious, then criminal liability may be applied to the culprit. Slightly less dangerous actions may entail liability established by administrative law. As a rule, punishment for such offenses is limited to fines. If the offense of the guilty person has no signs of either a criminal or an administrative act, then liability may be disciplinary (if the offender is an employee).

    Thus, the law in question defines only the basic provisions governing the relations between the parties. More detailed information about how it is distributed, what deadlines for providing information and other important points are determined by special regulations issued for certain legal relations. Compliance with all legal norms by both the owners and recipients of information will collectively ensure its proper circulation and will not allow third parties to violate the rights and interests of other citizens and organizations.

    Information security is a field of activity where security measures and protection of personal information, as well as the openness and accessibility of publicly available information, are studied, compiled, formalized and applied. Special federal employees authorities check all channels and flows of information to detect and eliminate leaks of classified data, as well as to prevent crimes. To guarantee the rights of citizens to use and disseminate data, a corresponding law was adopted.

    List of laws of the Russian Federation on information security

    The main issues, processes and measures of information security systems are regulated by Federal Law 149 on information. technology and security. However, this area is also controlled by other laws.

    Control over this area of ​​activity is exercised through the following laws:

    • Federal Law No. 152 on personal data. This law regulates the legal relationship between agency employees and citizens, employees of institutions, when during inspections, agency employees have the authority to check any materials, documents and computers. In such cases, each person can protect his personal data and materials related to his personal life;
    • This law regulates legal relations between workers, employees, participants in design, construction, fulfillment of conditions and requirements in relation to products and goods, etc. It also determines the rights, powers and obligations of the listed persons;
    • Federal Law No. 63 on electronic signatures. This law regulates legal relations between participants in purchase and sale transactions when performing services to meet the needs of municipalities. and state institutions, when performing state functions and other legal entities. actions when electronic signatures are used;
    • Federal Law No. 99 on granting licenses for certain categories of activities. This law regulates legal relations arising between employees of various government agencies. authorities and legal entities persons and individual entrepreneurs arising when granting a license for the categories of activities listed in the law.

    All of the listed laws contain articles and provisions that control the field of information security and personal data protection.

    General provisions of 149 Federal Law

    Law on information Security 149 was adopted by the State Duma on July 8, 2006, and approved by the Federation Council on July 14, 2006. The last changes to it were made on November 25, 2017. Federal Law 149 contains 18 articles. It concerns legal relations that arise during the search, provision, production or transfer of materials or information, when using the system and developing information security measures, when using or applying the information received.

    Summary of Federal Law No. 149 on information, inf. technologies and information protection:

    • 1 tbsp. - the area regulated by law;
    • 2 tbsp. — terms and concepts;
    • 3 tbsp. — a list of legal principles of regulation in this area;
    • 4 tbsp. — acts and regulations that control this area;
    • 5 tbsp. — information is an object of legal relations;
    • 6 tbsp. - persons with information;
    • 7 tbsp. — information available to the population, open and public;
    • 8 tbsp. — persons who have rights to access information are listed;
    • 9 tbsp. — restrictions and prohibitions;
    • 10 tbsp. — distribution and provision of information to third parties;
    • 11th century — documentation and accounting;
    • 12 tbsp. — methods of regulation and control over this area;
    • 13th century — systems and programs;
    • 14th century - state systems containing important information;
    • 15th century — the use of television and communication networks in the described field of activity;
    • 16th century — protection and security measures of information;
    • 17th century — responsibility, punishments and types of crimes;
    • 18th century — listing of provisions that have lost force.

    This Federal Law has the basic principles used to determine information security and for protective measures:

    • Any person living on the territory of Russia has the right to search for public and publicly available information, use the information found for distribution and transmission by any known means;
    • Citizens have the right to use, distribute or transmit only public information, it is prohibited to request any data related to secret or private;
    • Restrictions or prohibitions on access to information can only be carried out in connection with certain provisions of the legislation of the Russian Federation;
    • Information is distributed and transmitted to individuals only if they request this information;
    • Any organization, firm or company with a commercial program undertakes to provide detailed information about its own activities and a description of the characteristics of the company in the public domain. Exceptions can be used only if they comply with the conditions and requirements of this Federal Law;
    • The information system is controlled and protected by government agencies;
    • All systems, operation of information and data presented on official websites or in official documents must be in Russian.

    Not only citizens (individuals), but also legal entities have the rights to information. At physical and legal individuals have various powers in this area and the rights, responsibilities and powers are determined by legislation, namely regulations of the Russian Federation and the described Federal Law.

    Federal Law 149 lists the rights that a person in possession of information has:

    • The right to permit or restrict access to information belonging to the owner;
    • The right to transfer data or information to third parties in connection with the execution and conclusion of an agreement;
    • The right to use and distribute information at your own discretion as the owner wishes.

    Federal Law 149 lists the responsibilities of a person in possession of information:

    • Respect for the rights, obligations and powers of other citizens to whom the information may relate;
    • Application of a ban or restriction on access to data if this data must be withdrawn from access in accordance with the provisions of regulations, acts and laws of Russia;
    • Implementation of measures and methods to ensure the protection and security of information that belongs to this person.

    Any information, information and data permitted for distribution and use must be open and provided freely. Encryption is possible only in exceptional cases specified in this law. If during the transfer or dissemination of information the activity occurs without the participation of the media (more details), control is carried out to ensure that the data is reliable and has the identification of the person publishing it.

    The owner of a website on the Internet or any other resource where information is distributed is obliged to place his own data in a special column or section:

    • First name, last name, patronymic;
    • Email address;
    • Residence address.

    Such data about the site owner may be needed not only by citizens visiting the site, but also by government officials. Any person who has difficulty accessing information or has questions for the owner has the right to send a letter. A letter is also sent to the owner if any violations are detected in the Internet resource.

    According to the legislation of the Russian Federation, any propaganda is also prohibited. Among the prohibitions are propaganda of war and violence, propaganda of religious or racial hatred, propaganda of suicide (psychic influence), etc. For the listed types of open or closed propaganda, the author of the text will bear criminal or administrative liability, depending on the severity of the crime.

    Secret, secret or important materials, documentation, information must be documented. The execution of such papers and methods of storing them are formalized in the Federal Law on Executive Orders. authorities.

    The owner of information or any materials, when viewing Internet pages, may discover the use of his own information without permission. In such a case, the owner has the right to file a claim of copyright infringement against the site owner. When filing a claim, a power of attorney is drawn up, which must be certified by a notary.

    Download the law on information technology and information protection

    Citizens, employees or officials who violate the established provisions, requirements and conditions of the law will be held accountable. If a citizen has discovered a violation of his own rights in the area described above, he has the right to file a claim in judiciary to obtain compensation and damages, depending on the situation:

    • If a person has suffered moral damage;
    • Damage to honor and business reputation;
    • Protection of honor and dignity.

    The owner of an Internet resource, page or website has the right to buy information from a person. It often happens that third parties sell materials without the knowledge of the author. In such cases, the claim of copyright infringement will be ignored. These conditions and requirements apply not only to the sale of information, but also to obtaining a license to use copyrights.

    In cases where violations of the law were detected repeatedly on the same sites and resources, control officials have the right to restrict access to them. On the official websites of the Federal authorities you can find a document with full list sites and resources to which access has been limited or completely prohibited.

    Tell friends