Types of restricted access information. Obtaining information from the Unified State Register: public and limited access What does public information mean?

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" This category includes generally known information and other information to which access is not restricted. It is provided that publicly available information can be used by any persons at their discretion, subject to the restrictions established by federal laws regarding the dissemination of such information.

In general, two types of information can be distinguished.

1st view: Open information - information (messages, data), regardless of the form of their presentation, access to which is free.

2nd view: Information limited access- this is a state secret and confidential information (in this case, the person holding the information is required not to transfer such information to third parties without the consent of its owner).

The right to access information is regulated by Article 8 of the Federal Law “On Information, information technology and on the protection of information”, according to paragraph 1 of which citizens (individuals) and organizations (legal entities) have the right to search and receive any information in any forms and from any sources, subject to compliance with the requirements established by federal laws.

At the same time, in accordance with paragraph 4 of this article, access to:

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 federal laws.

A person wishing to gain access to such information is not required to justify the need to obtain it (clause 5 of Article 7 of the Federal Law “On Information, Information Technologies and Information Protection”).

State secret is information, information, unauthorized access which may harm the interests of the country or state. The Law “On State Secrets” gives the following definition: “state secret is information protected by the state in the field of its military, foreign policy, economic, intelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation.”


The legal basis for the secrecy regime is the Constitution, the laws of the Russian Federation “On Security”, “On State Secrets”, as well as acts of the President and Government adopted on the basis of the latter law*. It should be noted that the Law “On State Secrets” is the first act of this level in Russian history on this issue. Previously, these issues were resolved by by-laws, which, moreover, were themselves secret and not published. The adoption of an open legal act on this issue, which also has the highest legal force, is another stroke in the development of Russian democracy, in increasing the role of law in administrative and legal regulation.

We can name the following signs of state secrets:

1) this is very important information;

2) their disclosure may cause damage to state interests;

3) the list of information that can be classified as a state secret is fixed by federal law;

4) it is protected by criminal liability measures (Articles 275, 276, 283 of the Criminal Code of the Russian Federation) and other coercive means;

5) for its protection, a special administrative and legal regime has been created - a regime of secrecy.

The President of the Russian Federation approved the Doctrine of Information Security of the Russian Federation (approved by the President of the Russian Federation dated September 9, 2000 No. Pr-1895), which is a set of official views on the goals, objectives, principles and main directions of ensuring information security of the Russian Federation and is intended to serve the basis for the formation of state policy in the field of ensuring information security of the Russian Federation, preparing proposals for improving the legal, methodological, scientific, technical and organizational support of information security of the Russian Federation, developing targeted programs for ensuring information security of the Russian Federation.

Under information security The Russian Federation understands the state of protection of its national interests in the information sphere, determined by the totality of balanced interests of the individual, society and the state.

1. Public information includes generally known information and other information to which access is not limited.

2. Publicly available information can be used by any persons at their discretion, subject to the restrictions established by federal laws regarding the dissemination of such information.

3. The owner of information that has become publicly available by his decision has the right to demand that persons distributing such information indicate themselves as the source of such information.

4. Information posted by its owners on the Internet in a format that allows automated processing without prior human changes for the purpose of reuse is publicly available information posted in the form of open data.

5. Information in the form of open data is posted on the Internet, taking into account the requirements of the legislation of the Russian Federation on state secrets. If posting information in the form of open data may lead to the dissemination of information constituting a state secret, the posting of this information in the form of open data must be stopped at the request of the body empowered to dispose of such information.

6. If the posting of information in the form of open data may entail a violation of the rights of owners of information, access to which is limited in accordance with federal laws, or a violation of the rights of subjects of personal data, the placement of this information in the form of open data must be stopped by decision court. If the placement of information in the form of open data is carried out in violation of the requirements of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data", the placement of information in the form of open data must be suspended or terminated at the request of the authorized body for the protection of the rights of subjects personal data.

Article 8. 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, local government bodies 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 about 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 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.

laws, laws of the constituent entities of the Russian Federation and regulatory legal acts of local governments. A person wishing to gain access to such information is not required to justify the need to obtain it.

(as amended by Federal Law dated July 27, 2010 N 227-FZ)

6. Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access to information can be appealed to a higher body or higher official or to the 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 is 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 person established by the legislation of the Russian Federation;

3) other information established by law.

22. General characteristics of relations in the field of communications and mass communications.

Information located in the Unified State Register of Rights is publicly available (with the exception of certain information). It is provided upon request from individuals and legal entities, as well as government agencies. Receipt of information from the Unified State Register is issued in the form of an extract, which can be issued both in paper and electronic form.

Public Information

To obtain information from the Unified State Register, you must submit a request in the manner established by Order of the Ministry of Economic Development of the Russian Federation No. 180 dated May 14, 2010.

Any person who has submitted a request to in the prescribed manner, can obtain publicly available information from the Unified State Register. This group includes data on legally registered rights to real estate and their transfer. See what an extract from the Unified State Register looks like. The standard statement displays the following information:

  • description of the object (name, address, purpose, number of storeys of the building, floor);
  • registered right to real estate (full name of the owner, type of right, date of registration);
  • presence of encumbrances;
  • existence at the time of registration of the extract of legal claims of third parties;
  • Full name of the applicant.

In the video, see why you need to order an extract from the Unified State Register and obtain information about real estate before purchasing it

An extract with information about the land plot on which the construction of the facility is taking place and which is the subject of a shared participation agreement also contains information about the mortgage and participants in shared construction.

The government agency may provide an extended extract that contains additional information about all previous owners of the property, indicating the date of transfer of ownership.

Restricted information

Certain information may only be provided to a certain group of people. This information includes:

  • on the contents of documents that confirm ownership (except for information on the presence or absence of encumbrances);
  • general information about the ownership of real estate by individuals (including previous rights);
  • the fact of recognizing a person who has ownership of real estate as fully or partially incompetent.

Information of this nature may be provided:

Extended information

To make a payment, you need to top up your account, the status of which is displayed in the “My Accounts” tab. personal account user. The account is replenished in the Rosreestr IR service. To do this, payment is made using a code that will be sent to the applicant’s email. The same notification will contain information about banks where you can make payments.

The table below provides information on the cost in rubles for obtaining information from the Unified State Register.

According to Article 8 of the Federal Law of the Russian Federation “On state registration of rights to real estate and transactions with it,” information is provided free of charge to:

  • judicial and law enforcement agencies when the data relates to a case in their proceedings;
  • state authorities and local self-government;
  • tax authorities;
  • statistical authorities;
  • bodies that control the use of land and other natural resources;
  • organizations specified in other laws of the Russian Federation.

Thus, any individual or legal entity can access publicly available information after registering the keys and paying for the services of Rosreestr.

You can ask questions about the requested information from the Unified State Register in the comments to the article

Changes and amendments

Adopted by the State Duma on July 8, 2006
Approved by the Federation Council on July 14, 2006

Article 1. Scope of this Federal Law

1. This Federal Law regulates relations arising when:

1) exercising the right to search, receive, transmit, produce and distribute information;

2) application of information technologies;

3) ensuring information security.

2. The provisions of this Federal Law do not apply to relations arising during the legal protection of the results of intellectual activity and equivalent means of individualization.

Article 2. Basic concepts used in this Federal Law

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 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 tangible medium;

12) information system operator - a citizen or legal entity engaged in operating an information system, including processing information contained in its databases.

Article 3. Principles of legal regulation of relations in the field of information, information technology and information protection

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

1) freedom to search, receive, transmit, produce and disseminate information in any legal way;

2) establishing restrictions on access to information only by federal laws;

3) openness of information about the activities of state bodies and local government bodies and free access to such information, except in cases established by federal laws;

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

5) ensuring the security of the Russian Federation during the creation of information systems, their operation and protection of the information contained in them;

6) reliability of information and timeliness of its provision;

7) inviolability of private life, inadmissibility of collecting, storing, using and disseminating information about the private life of a person without his consent;

8) 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 federal laws.

Article 4. Legislation of the Russian Federation on information, information technologies and information protection

1. The legislation of the Russian Federation on information, information technology and information protection is based on the Constitution of the Russian Federation, international treaties of the Russian Federation and consists of this Federal Law and other federal laws governing relations on the use of information.

2. Legal regulation of relations related to the organization and activities of the media is carried out in accordance with the legislation of the Russian Federation on the media.

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

Article 5. Information as an object of legal relations

1. Information may 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, unless federal laws establish restrictions on access to information or other requirements for the procedure for its provision or distribution.

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

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

1) information freely disseminated;

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

3) information that, in accordance with federal laws, is subject to provision or distribution;

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

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

Article 6. Holder of information

1. The owner of information can be a citizen (individual), legal entity, the Russian Federation, a subject of the Russian Federation, a municipal entity.

2. On behalf of the Russian Federation, a subject of the Russian Federation, a municipal entity, the powers of the information holder are exercised respectively by state bodies and local government bodies within the limits of their powers established by the relevant regulatory legal acts.

3. The owner of information, unless otherwise provided by federal laws, has the right:

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

2) use the information, including disseminating it, at your own discretion;

3) transfer information to other persons under a contract or on other grounds 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 such actions.

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

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

2) take measures to protect information;

3) limit access to information if such an obligation is established by federal laws.

Article 7. Public Information

1. Public information includes generally known information and other information to which access is not limited.

2. Publicly available information can be used by any persons at their discretion, subject to the restrictions established by federal laws regarding the dissemination of such information.

3. The owner of information that has become publicly available by his decision has the right to demand that persons distributing such information indicate themselves as the source of such information.

Article 8. Right to access 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, local government bodies 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 about 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 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 to information can be appealed to a higher body or higher official or to the 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 is 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 person 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.

Article 9. Restricting access to information

1. Restrictions on access to information are established by federal laws in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.

2. It is mandatory to maintain the confidentiality of information, access to which is limited by federal laws.

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

4. Federal laws establish the conditions for classifying information as information constituting a trade secret, official secret and other secret, the obligation to maintain the confidentiality of such information, as well as responsibility for its disclosure.

5. Information received by citizens (individuals) in the performance of their professional duties or by organizations in the performance of certain types of activities (professional secrets) is subject to protection in cases where these persons are obligated by federal laws to maintain the confidentiality of such information.

6. Information constituting a professional secret may be provided to third parties in accordance with federal laws and (or) by court decision.

7. The period 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.

8. It is prohibited to require a citizen (individual) 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 (individual), unless otherwise provided by federal laws.

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

Article 10. Dissemination of information or provision of information

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

2. Information disseminated without the use of the media must include reliable information about its owner or about another person disseminating information, in a form and volume that is sufficient to identify such person.

3. When using means to disseminate information that allow you to identify recipients of information, including postal items and electronic messages, the person disseminating the information is obliged to provide the recipient of the information with the opportunity to refuse such information.

4. The provision of information is carried out in the manner established by agreement of the persons participating in the exchange of information.

5. Cases and conditions for the mandatory dissemination of information or provision of information, including the provision of legal copies of documents, are established by federal laws.

6. It is prohibited to disseminate information that is aimed at promoting war, inciting national, racial or religious hatred and enmity, as well as other information for the dissemination of which criminal or administrative liability is provided.

Article 11. Documenting information

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

2. In federal executive authorities, documentation of information is carried out in the manner established by the Government of the Russian Federation. The rules of office work and document flow established by other state bodies and local government 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 authorities.

3. Electronic message signed electronically digital signature or other analogue of a handwritten signature is recognized electronic document, equivalent to a document signed with a handwritten signature, in cases where federal laws or other regulatory legal acts do not establish or imply a requirement to draw up such a document on paper.

4. For the purpose of concluding civil contracts or formalizing 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 other analogue of the handwritten signature of the sender of such a message, in the manner established by federal laws, other regulatory legal acts or agreement of the parties is considered as an exchange of documents.

5. Ownership and other proprietary rights to material media containing documented information are established by civil law.

Article 12. State regulation in the field of application of information technologies

1. State regulation in the field of application of information technologies provides for:

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

2) development of information systems for various purposes to provide citizens (individuals), organizations, state bodies and local governments with information, as well as ensuring the interaction of such systems;

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

2. State bodies, local government bodies in accordance with their powers:

1) participate in the development and implementation of targeted programs for the use of information technologies;

2) create information systems and provide access to the information contained in them in Russian and the state language of the corresponding republic within the Russian Federation.

Article 13. Information systems

1. Information systems include:

1) state information systems - federal information systems and regional information systems created on the basis of, respectively, federal laws, laws of constituent entities of the Russian Federation, on the basis of legal acts of state bodies;

2) municipal information systems created on the basis of a decision of a local government body;

3) other information systems.

2. Unless otherwise established by federal laws, the operator of an information system is the owner of the technical means used to process information contained in databases, who lawfully uses such databases, or the person with whom this owner has entered into an agreement on the operation of the information system.

3. The rights of the owner of information contained in information system databases are subject to protection regardless of copyright and other rights to such databases.

4. The requirements for state information systems established by this Federal Law apply to municipal information systems, unless otherwise provided by the legislation of the Russian Federation on local self-government.

5. Features of the operation of state information systems and municipal information systems can be established in accordance with technical regulations, regulatory legal acts of state bodies, regulatory legal acts of local governments that make decisions on the creation of such information systems.

6. The procedure for the creation and operation of information systems that are not state information systems or municipal information systems is determined by the operators of such information systems in accordance with the requirements established by this Federal Law or other federal laws.

Article 14. State information systems

1. State information systems are created in order to implement the powers of state bodies and ensure the exchange of information between these bodies, as well as for other purposes established by federal laws.

2. State information systems are created taking into account the requirements stipulated by Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.”

3. State information systems are created and operated on the basis of statistical and other documented information provided by citizens (individuals), organizations, government agencies, and local governments.

4. Lists of types of information provided on a mandatory basis are established by federal laws, the conditions for its provision are by the Government of the Russian Federation or relevant government bodies, unless otherwise provided by federal laws.

5. Unless otherwise established by the decision on the creation of a state information system, the functions of its operator are carried out by the customer who has entered into a state contract for the creation of such an information system. In this case, the commissioning of the state information system is carried out in the manner established by the specified customer.

6. The Government of the Russian Federation has the right to establish mandatory requirements for the procedure for commissioning certain state information systems.

7. It is not allowed to operate the state information system without properly registering the rights to use its components, which are objects of intellectual property.

8. Technical means intended for processing information contained in state information systems, including software and hardware and information security means, must comply with the requirements of the legislation of the Russian Federation on technical regulation.

9. Information contained in state information systems, as well as other information and documents available to state bodies are state information resources.

Article 15. Use of information and telecommunication networks

1. On the territory of the Russian Federation, the use of information and telecommunication networks is carried out in compliance with the requirements of the legislation of the Russian Federation in the field of communications, this Federal Law and other regulatory legal acts of the Russian Federation.

2. Regulation of the use of information and telecommunication networks, access to which is not limited to a certain circle of persons, is carried out in the Russian Federation taking into account the generally accepted international practice of self-regulatory organizations in this area. The procedure for using other information and telecommunication networks is determined by the owners of such networks, taking into account the requirements established by this Federal Law.

3. The use of information and telecommunication networks in economic or other activities on the territory of the Russian Federation cannot serve as a basis for establishing additional requirements or restrictions regarding the regulation of these activities carried out without the use of such networks, as well as for non-compliance with the requirements established by federal laws.

4. Federal laws may provide for mandatory identification of individuals and organizations using the information and telecommunications network when carrying out business activities. In this case, the recipient of an electronic message located on the territory of the Russian Federation has the right to conduct a check to determine the sender of the electronic message, and in cases established by federal laws or an agreement of the parties, he is obliged to conduct such a check.

5. The transfer of information through the use of information and telecommunication networks is carried out without restrictions, subject to compliance with the requirements established by federal laws for the dissemination of information and the protection of intellectual property. The transfer of information may be limited only in the manner and under the conditions established by federal laws.

6. Features of connecting state information systems to information and telecommunication networks can be established by a regulatory legal act of the President of the Russian Federation or a regulatory legal act of the Government of the Russian Federation.

Article 16. Information protection

1. Information protection is 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 unlawful actions in relation to such information;

2) maintaining the confidentiality of restricted information,

3) implementation of the right to access information.

2. State regulation of relations in the field of information protection is carried out by establishing requirements for the protection of information, as well as liability for violation of the legislation of the Russian Federation on information, information technologies and information protection.

3. Requirements for the protection of publicly available information may be established only to achieve the goals specified in paragraphs 1 and 3 of part 1 of this article.

4. The owner of information, the operator of the information system in cases established by the legislation of the Russian Federation, are obliged to ensure:

1) prevention of unauthorized access to information and (or) transfer of it to persons who do not have the right to access information;

2) timely detection of facts of unauthorized access to information;

3) preventing the possibility of adverse consequences of violating the procedure for access to information;

4) preventing influence on technical means of information processing, as a result of which their functioning is disrupted;

5) the possibility of immediate restoration of information modified or destroyed due to unauthorized access to it;

6) constant monitoring of ensuring the level of information security.

5. Requirements for the protection of information contained in state information systems are established by the federal executive body in the field of security and the federal executive body authorized in the field of countering technical intelligence and technical protection of information, within the limits of their powers. When creating and operating state information systems, the methods and methods used to protect information must comply with the specified requirements.

6. Federal laws may establish restrictions on the use of certain means of information protection and the implementation of certain types of activities in the field of information protection.

Article 17. Responsibility for offenses in the field of information, information technology and information protection

1. Violation of the requirements of this Federal Law entails disciplinary, civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.

2. Persons whose rights and legitimate interests were violated in connection with the disclosure of restricted information or other unlawful use of such information have the right to apply in the prescribed manner for judicial protection of their rights, including claims for damages, compensation for moral damage, protection honor, dignity and business reputation. A claim for compensation for damages cannot be satisfied if it is presented by a person who did not take measures to maintain the confidentiality of information or violated the information protection requirements established by the legislation of the Russian Federation, if the adoption of these measures and compliance with such requirements were the responsibilities of this person.

3. If the dissemination of certain information is limited or prohibited by federal laws, the person providing the services does not bear civil liability for the dissemination of such information:

1) or by transfer of information provided by another person, provided that it is transferred without changes or corrections;

2) or for storing information and providing access to it, provided that this person could not know about the illegality of the dissemination of information.

Article 18. On the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation

From the date of entry into force of this Federal Law, the following shall be declared invalid:

1) Federal Law of February 20, 1995 No. 24-FZ “On information, informatization and information protection” (Collected Legislation of the Russian Federation, 1995, No. 8, Art. 609);

2) Federal Law of July 4, 1996 N 85-FZ “On participation in international information exchange” (Collected Legislation of the Russian Federation, 1996, N 28, Art. 3347);

3) Article 16 of the Federal Law of January 10, 2003 N 15-FZ “On introducing amendments and additions to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On licensing of certain types of activities” (Collected Legislation of the Russian Federation, 2003, N 2 , Art. 167);

4) Article 21 of the Federal Law of June 30, 2003 N 86-FZ “On introducing amendments and additions to certain legislative acts of the Russian Federation, recognizing as invalid certain legislative acts of the Russian Federation, providing certain guarantees to employees of internal affairs bodies, turnover control bodies narcotic drugs and psychotropic substances and the abolished federal tax police bodies in connection with the implementation of measures to improve public administration"(Collected Legislation of the Russian Federation, 2003, No. 27, Art. 2700);

5) Article 39 of the Federal Law of June 29, 2004 N 58-FZ “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain legislative acts of the Russian Federation in connection with the implementation of measures to improve public administration” (Collection of Legislation of the Russian Federation, 2004, No. 27, Art. 2711).

President
Russian Federation
V. Putin

The most adequate (in my opinion) classification of information by type of access is shown in the diagram below. It fully complies with Russian legislation, but there are many nuances...


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Federal Law of the Russian Federation dated July 27, 2006 N 149-FZ “On information, information technologies and information protection” defines the division of information (depending on the category of access to it) into publicly available information and information to which access is limited by federal laws (Art. .5).

In the same article, information is classified according to the method of distribution. What is important here is the isolation of information that, in accordance with federal laws, is subject to provision or distribution. Those. It is illegal to restrict access to this information. What information are we talking about:

Information to which access cannot be restricted

The list of information, access to which cannot be limited, is specified in Article 10 of the same Federal Law of the Russian Federation dated July 27, 2006 N 149 “On information...”:

  • 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;
  • information on the state of the environment;
  • 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);
  • 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;
  • other information, the inadmissibility of restricting access to which is established by federal laws.

This “other information” is established in federal laws relating to certain specific areas of activity, for example, in the laws on charitable activities and non-profit organizations or in the laws on joint stock companies (example for joint stock companies).

State secret

Regulation of issues related to this type of secrets is entrusted to the Law of the Russian Federation of July 21, 1993 N 5485-I “On State Secrets”. The list of information constituting a state secret is defined in Article 5, where they are grouped in the following areas:

  • military information
  • information in the field of economics, science and technology
  • information in the field of foreign policy and economics
  • information in the field of intelligence, counterintelligence and operational-search activities, as well as in the field of countering terrorism

Confidential information

The list of confidential information was published in Decree of the President of the Russian Federation of March 6, 1997 N 188 “On approval of the list of confidential information.” The types of confidential information according to this decree include:

  • Information about facts, events and circumstances of a citizen’s private life, allowing his personality to be identified ( personal data), with the exception of information subject to dissemination in the media in cases established by federal laws.
  • Information constituting secrecy of investigation and legal proceedings, as well as information about protected persons and measures of state protection carried out in accordance with Federal Law of August 20, 2004 N 119-FZ “On state protection of victims, witnesses and other participants in criminal proceedings” and other regulatory legal acts of the Russian Federation.
  • Official information, access to which is limited by government authorities in accordance with the Civil Code of the Russian Federation and federal laws ( official secret).
  • Information related to professional activities, access to which is limited in accordance with the Constitution of the Russian Federation and federal laws (medical, notarial, attorney-client confidentiality, confidentiality of correspondence, telephone conversations, postal items, telegraphic or other messages, and so on).
  • Information related to commercial activities, access to which is limited in accordance with the Civil Code of the Russian Federation and federal laws ( trade secret).
  • Information about the essence of the invention, utility model or industrial design before the official publication of information about them.

In fact, often the same information can belong to different categories of secrets. For example, information that constitutes medical confidentiality is probably someone’s personal data. Some types of secrets defined in federal laws RF will be described below.

Types of secrets in Russian legislation

Trade secret

Information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity in the scientific and technical field, as well as information about methods of carrying out professional activities that have actual or potential commercial value due to their unknownness to third parties , to which third parties do not have free access legally and in respect of which the owner of such information has introduced a trade secret regime.

  • N 98-FZ "On trade secrets"

Banking secrecy (secrecy of bank deposits)

Information about transactions, accounts and deposits of its clients and correspondents, as well as other information established by the credit institution

Official secret

Official information, access to which is limited by government authorities in accordance with the Civil Code of the Russian Federation and federal laws

  • Presidential Decree of March 6, 1997 No. 188
  • 139 Civil Code of the Russian Federation
  • Federal Law "On the Fundamentals of the Civil Service of the Russian Federation"
  • Decree of the Government of the Russian Federation of November 3, 1994. No. 1233

The secret of credit history

Information that characterizes the borrower’s fulfillment of its obligations under loan (credit) agreements and is stored in the credit history bureau

The Mystery of Insurance

Information about the policyholder, the insured person and the beneficiary, their state of health, as well as the property status of these persons

  • 946 Civil Code of the Russian Federation

Secret of the will

Information concerning the contents of the will, its execution, modification or cancellation

  • 1123 Civil Code of the Russian Federation

Tax secret

Any information about the taxpayer received by the tax authority, internal affairs authorities, the body of the state extra-budgetary fund and the customs authority (with a number of exceptions)

  • 146-FZ "Tax Code of the Russian Federation"

The secret of child adoption

Judges who made a decision on the adoption of a child, or officials who carried out state registration of adoption, as well as persons otherwise aware of adoption, are obliged to keep the secret of the adoption of a child.

  • 223-FZ Family Code R

Medical secret

Information about whether the citizen has a mental disorder, the facts of seeking psychiatric help and treatment in an institution providing such care, as well as other information about the state of mental health

  • 117-FZ "On psychiatric care and guarantees of citizens' rights during its provision"

Medical mystery

Information about the fact of seeking medical help, the citizen’s state of health, diagnosis of the disease, other information obtained during the examination and treatment of the citizen, as well as information about artificial insemination and embryo implantation, as well as the identity of the donor. Results of examination of the person entering into marriage.

  • Fundamentals of the legislation of the Russian Federation for the protection of the health of citizens
  • 223-FZ Family Code of the Russian Federation

Privacy of correspondence, telephone conversations, postal, telegraph or other messages

On the territory of the Russian Federation, the secrecy of correspondence, telephone conversations, postal items, telegraphic and other messages transmitted over telecommunication networks and postal networks is guaranteed.

  • 176-FZ "On Postal Services"
  • 126-FZ "On Communications"
  • Code of Criminal Procedure of the Russian Federation

Secret of private life (personal secret)

The right to privacy means the opportunity granted to a person and guaranteed by the state to control information about himself, to prevent the disclosure of personal, intimate information.

  • Constitution of the Russian Federation
  • 150 Civil Code of the Russian Federation

Auditor confidentiality

Any information and documents received and (or) compiled by the audit organization and its employees, as well as by the individual auditor and employees with whom they have concluded employment contracts, when providing services (with a number of exceptions)

  • 307-FZ "On auditing activities"

Secrecy of legal proceedings (secrecy of investigation and legal proceedings)

Preliminary investigation data is not subject to disclosure... can be made public only with the permission of the prosecutor, investigator, inquirer and only to the extent that they consider it acceptable, if the disclosure does not contradict the interests of the preliminary investigation and is not associated with a violation of the rights and legitimate interests of the participants criminal proceedings. Disclosure of data on the private life of participants in criminal proceedings without their consent is not permitted

  • 241 Code of Criminal Procedure of the Russian Federation
  • 10 Code of Civil Procedure of the Russian Federation
  • 11 APKRF
  • 166 Code of Criminal Procedure of the Russian Federation
  • Presidential Decree dated March 6, 1997 No. 188

Attorney-client privilege (secret of judicial representation)

Any information related to the provision of legal assistance by a lawyer to his client

  • 63-FZ "On advocacy and advocacy in the Russian Federation"

The secret of notarial acts (notarial secret)

A notary is obliged to keep secret information that has become known to him in connection with his professional activities. The court may release the notary from this duty of secrecy if a criminal case is brought against him in connection with the commission of a notarial act. Since notaries provide information about their notarial acts to notarial chambers, officials of these chambers are also required to maintain notarial secrecy.

  • Fundamentals of the legislation of the Russian Federation on notaries

Secret of Confession

A clergyman cannot be held accountable for refusing to testify on circumstances that became known to him from confession.

Secrecy of voting

The counting of ballot papers is carried out in such a way that the secrecy of voting is not violated.

  • 51-FZ "On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation"
  • 19-FZ "On the elections of the President of the Russian Federation"
  • 67-FZ "On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation"

Confidentiality of information about security measures in relation to an official of a law enforcement or regulatory agency

Disclosure of information about security measures applied in relation to a judge, juror or other person involved in the administration of justice, bailiff, bailiff, victim, witness, other participants in criminal proceedings, as well as in relation to their relatives, if this act was committed by a person to whom this information was entrusted or became known in connection with his official activities

  • 311 of the Criminal Code of the Russian Federation

Journalistic (editorial) confidentiality

The editors do not have the right to disclose in disseminated messages and materials information provided by a citizen under the condition of keeping them secret. The editors are obliged to keep the source of information secret and do not have the right to name the person who provided the information under the condition of non-disclosure of his name, except for the case when the corresponding requirement was received from the court in connection with a case pending before it. The editors do not have the right to disclose in disseminated messages and materials information that directly or indirectly indicates the identity of a minor who has committed a crime or is suspected of committing one, or who has committed an administrative offense or an antisocial act, without the consent of the minor himself and his legal representative.

  • 2124-1-FZ "On the Mass Media"

Secret of religion

Information about attitudes towards religion, about professing or refusing to profess religion, about participation or non-participation in divine services, other religious rites and ceremonies, about activities in religious associations, about teaching religion

  • 125-FZ "On freedom of conscience and religious associations"

The secret of information about military personnel of the internal troops of the Ministry of Internal Affairs

Information about the places of deployment or redeployment of formations and military units of the internal troops, as well as information about the military personnel of the internal troops who took part in suppressing the activities of armed criminals, illegal armed groups and other organized criminal groups, as well as information about their family members

  • 27-FZ "On the internal troops of the Ministry of Internal Affairs of the Russian Federation"

Other types of secrets

In general, Lukatsky found as many as 65 types of secrets in our legislation. The problem is that some of them mean the same concept, some are special cases of others (or overlap), and others are completely rudimentary...

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