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Federal law on information and information technologies. Basic laws in the field of information security Federal law on information security

Information security is considered a field of activity where they study, compose, draw up and implement various measures to protect confidential information. Employees of federal bodies of the Russian Federation eliminate leaks of classified information and prevent cybercrime.

In order to protect the personal specific data of citizens of the Russian Federation on the Internet, Federal Law No. 27 July 2006 on Information Diversity Technologies and the Protection of Confidential Information.

List of key issues and ongoing activities to ensure proper information security is given in the Federal Law No. -FZ of July 27, 2006 on various information technologies and on the technical protection of confidential information. However, this area is regulated by other laws of the Russian Federation.

Ensuring reliable information protection The following laws also govern:

Federal Law No. July 27, 2006. This law regulates the legal interaction between civil servants and individuals or legal entities, when employees of regulatory government agencies check any documentation, materials or computers of citizens of the Russian Federation. By law, in these situations, every citizen of the Russian Federation protects their personal data;
Federal Law No. December 27, 2002 This document reflects the features of technical regulation in relation to products, services, works that are used to protect classified information (state secrets);
Federal Law No. April 6, 2011 This law regulates the legal interaction between 2 or more participants in a transaction for the provision of various services. This concerns ensuring the smooth operation of state institutions and performing other similar actions using electronic digital signatures;
Federal Law No. May 4, 2011 This document regulates legal relations between employees of various government agencies and legal entities, individual entrepreneurs that arise when licensing specific categories of activities.

All of the above laws of the Russian Federation have articles and provisions, in the application of which they protect the personal digital data of online users.

Summary of Federal Law No. 149

the federal law No.-FZ of July 27, 2006 on various information technologies and on the protection of confidential information consists of the following 18 articles:

1 - about the scope of regulation by law. The Federal Law regulates the protection of various information technologies and guarantees the security of digital information;
2 - basic concepts and terminology;
3 - a list of specific legal principles is given;
4 - basic regulations and acts;
5 - about information like a separate object rights;
6 - about the owner of various data;
7 - about public information;
8 - on the right to access specific information;
9 - about limiting free access to data;
10 - on providing the necessary information;
11 - on documentation;
12 - about the methods of state control;
13 - what is the information system of the Russian Federation;
14 - about information systems of the Russian Federation;
15 - about the use of telecommunications networks;
16 - on the protection of confidential information;
17 - responsibility, the main types of punishment for offenses on the Internet;
18 - a list of provisions that have lost their legal force.

Attention! Not only individuals, but also legal entities have various duties and rights on the Internet. Specific information technologies and the protection of confidential information are discussed in various regulatory acts and in Law No. -FZ of July 27, 2006.

Text of Federal Law 149

Important! Citizens of the Russian Federation and legal entities provide documented information only to those persons who are responsible for the development and operation of a particular web resource. These include various hosting providers or a specific hosting company.

Basic principles for ensuring reliable information protection

In Art. 3 of Law No. -FZ on various information technologies and on the technical protection of confidential information lists the basic principles for ensuring digital security on the network. This article talks about the following 8 principles:

Free distribution and search for specific information in a legal way;
Establishing various restrictions on subscriber access to information prohibited by Roskomnadzor;
Publicity and openness of various information about the daily activities of state bodies, except for situations established by separate laws of the Russian Federation;
Equal rights of various languages of the Russian Federation, which are used when creating sites and using them;
Ensuring the proper level of state security of the Russian Federation when creating new web resources, using them and protecting confidential information;
Reliability of specific data;
Non-disclosure of personal, family secrets without the consent of this very citizen of the Russian Federation;
Prohibition of illegal establishment of privileges in the use of certain information specific technologies over similar others.

Obligations and rights of persons holding information

Law No. -FZ on specific information technologies and on the technical protection of confidential information lists the basic rights that an individual or legal entity owning an online web resource has (for example, the head of a social network or messenger). These include the following legal grounds:

the right to provide or restrict free access to specific personal information;
the right to transfer personal data of online users to third parties after the conclusion of the necessary contract;
the right to use, transfer specific data at will of its owner.

Attention! The organizers of the dissemination of digital information on the Internet are considered persons who ensure stable operation and development computer programs to send and receive online messages.

Such citizens are owners of instant messengers (WhatsApp, Viber, Skype, Telegram), social networks (VK, Twitter), etc.

Articles 2, 7, 8, 13 and 15 were updated in Federal Law No. 2 last amended June 29, 2015. In paragraph 20 of this article, the concept of a search engine was added;
In 2013, several amendments were introduced to Art. 7 (4, 5, 6 points) Federal Law no. According to such innovations, now the placement of information materials on the Internet is allowed only in a specific format that allows automated processing of digital data;
In paragraph 5 of Art. 7, certain measures were introduced to prevent the spread of classified information that is a state secret. At the request of Roskomnadzor, the publication of open digital data (for example, on the income of officials) is suspended or stopped altogether;
In paragraph 5 of Art. 8 of the Federal Law No. July 27, 2010, some amendments were made. Now government agencies provide free access to specific information about their own daily activities, not only in real life but also on the Internet;
In Art. 13 of the Law of the Russian Federation No. -FZ on information specific technologies and on the technical protection of confidential information, new amendments were introduced on December 31, 2014. According to these innovations, technical means that are used by government agencies or state-owned companies must be registered in the Russian Federation. The Government of the Russian Federation regulates the observance of this norm.

Art. 9 was supplemented with part 21. Now the procedure for identifying the owners of various web resources and applying specific measures to restrict free access to prohibited sites is determined by Roskomnadzor;
Art. 102 is no longer valid;
in Art. 15 added information about the new powers of Roskomnadzor.

Now an employee of this supervisory authority of the Russian Federation performs the following actions:

Creates and uses the FSIS electronic system, which contains a list of prohibited sites;
Based on a specific request from the police or other law enforcement agency, determines the owner of the site with prohibited information;
Send to hosting provider email notification on the immediate provision of information that identifies the owner of the prohibited site;
In FSIS, it indicates the date and time the notification was sent.

Further, within 3 working days from the date of receipt of a written notification from Roskomnadzor, the hosting company provides the controlling state body necessary information. Within 3 days from the date of receipt of the necessary data from the Internet hosting, the Federal Service for Supervision in the Sphere of Communications sends a request to the specific owner of the web resource to urgently connect to the FSIS, within 30 working days.

Attention! If this requirement is not met, Roskomnadzor independently closes access to the prohibited site. Within 24 hours, the controlling authority sends the providers a link to the site, which must be closed. Then, the Internet provider during the day makes the site inaccessible to all online users.

Conclusion

Any information that is allowed for use and distribution is freely available on the Internet. Certain restrictions to 1 or several sites are set only in special cases, which are listed in the Federal Law N of July 27, 2006.

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT INFORMATION, INFORMATION TECHNOLOGIES

AND ABOUT PROTECTION OF INFORMATION

Accepted

State Duma

Approved

Federation Council

(as amended by the Federal Laws of July 27, 2010 N 227-FZ,

dated 04/06/2011 N 65-FZ, dated 07/21/2011 N 252-FZ,

dated 28.07.2012 N 139-FZ, dated 05.04.2013 N 50-FZ,

dated 07.06.2013 N 112-FZ, dated 02.07.2013 N 187-FZ)

Article 1. Scope of this Federal Law

1. This Federal Law governs relations arising from:

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

2) application of information technologies;

3) ensuring the protection of information.

2. The provisions of this Federal Law do not apply to relations arising from the legal protection of the results of intellectual activity and means of individualization equated to them, except for the cases provided for by this Federal Law.

(as amended by Federal Law No. 187-FZ of July 2, 2013)

Article 2. Basic concepts used in this Federal Law

The following basic concepts are used in this Federal Law:

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

2) information technologies - processes, methods of searching, collecting, storing, processing, providing, disseminating information and methods for implementing such processes and methods;

3) information system - a set of information contained in databases and information technologies that ensure its processing, and technical means;

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) the owner of information - a person who independently created information or received, on the basis of a law or an agreement, the right to allow or restrict access to information determined by any signs;

6) access to information - the possibility of obtaining information and its use;

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 transferring information to a certain circle of persons;

9) dissemination of information - actions aimed at obtaining information by an indefinite circle of persons or transferring information to an indefinite circle of persons;

10) electronic message - information transmitted or received by the user of the information and telecommunications network;

11) documented information - information fixed on a tangible medium by documenting information with details that make it possible to determine such information or in the manner prescribed by law Russian Federation cases its material carrier;

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;

(Clause 11.1 was introduced by Federal Law No. 227-FZ of July 27, 2010)

12) operator information system- a citizen or a legal entity engaged in the operation of an information system, including the processing of information contained in its databases;

13) site on the Internet - a set of programs for electronic computers and other information contained in the 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;

(Clause 13 was introduced by Federal Law No. 139-FZ of July 28, 2012, as amended by Federal Law No. 112-FZ of June 7, 2013)

14) site page on the Internet (hereinafter also referred to as the Internet page) - a part of the site on the Internet, accessed by a pointer consisting of a domain name and symbols defined by the owner of the site on the Internet;

(Clause 14 was introduced by Federal Law No. 139-FZ of July 28, 2012)

15) Domain name- designation with symbols intended for addressing sites on the Internet in order to provide access to information posted on the Internet;

(Clause 15 was introduced by Federal Law No. 139-FZ of July 28, 2012)

16) network address - an identifier in the data transmission network, which determines the user terminal or other means of communication included in the information system when providing telematic communication services;

(Clause 16 was introduced by Federal Law No. 139-FZ of July 28, 2012)

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

(Clause 17 was introduced by Federal Law No. 139-FZ of July 28, 2012)

18) hosting provider - a person providing services to provide computing power to place information in an information system permanently connected to the Internet;

(Clause 18 was introduced by Federal Law No. 139-FZ of July 28, 2012)

19) a unified identification and authentication system - a federal state information system, the procedure for using 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.

(Clause 19 was introduced by Federal Law No. 112-FZ of June 7, 2013)

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

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

1) freedom to search, receive, transfer, produce and distribute information in any legal way;

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

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

4) equality of 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 in 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, the 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 obligation to use 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 technology and information protection

1. The legislation of the Russian Federation on information, information technologies 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 regulating relations on the use of information.

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

3. The procedure for the storage and use of documented information included in the archival funds is established by the legislation on archiving in the Russian Federation.

Article 5. Information as an object of legal relations

1. Information may be an 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 public information, as well as information, access to which is limited by federal laws (information limited access).

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

1) information freely distributed;

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

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

4) information whose dissemination in the Russian Federation is restricted or prohibited.

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

Article 6. Owner of information

1. The owner of information may be a citizen (natural person), a legal entity, the Russian Federation, a constituent entity of the Russian Federation, a municipality.

2. On behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipality, the powers of the information holder shall be exercised, respectively, by state bodies and local self-government bodies within their powers established by the relevant regulatory legal acts.

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

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

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

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

4) protect their rights in the ways prescribed by law in case of illegal receipt of information or its illegal use by other persons;

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

4. When exercising his rights, the owner of information is obliged to:

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

2) take measures to protect information;

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

Article 7. Public information

1. Publicly available information includes well-known information and other information, access to which is not limited.

2. Publicly available information may 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 modification by a person in order to reuse it, is publicly available information posted in the form of open data.

(Part 4 was introduced by Federal Law No. 112-FZ of June 7, 2013)

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

(Part 5 was introduced by Federal Law No. 112-FZ of June 7, 2013)

6. If the placement of information in the form of open data may entail a violation of the rights of the owners of information, access to which is restricted 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 terminated 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.

(Part 6 was introduced by Federal Law No. 112-FZ of 07.06.2013)

Article 8. Right of access to information

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

2. A citizen (individual) has the right to receive from state bodies, local self-government bodies, their officials, in accordance with the procedure established by the legislation of the Russian Federation, information directly affecting his rights and freedoms.

3. The organization has the right to receive from state bodies, local self-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 in the implementation of this organization's statutory activities.

4. Access cannot be restricted to:

1) normative legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing legal status organizations and powers of state bodies, local self-government bodies;

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 budgetary funds (with the exception of information constituting a state or official secret);

4) information accumulated in the open funds 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, including through the use of information and telecommunication networks, including the Internet, 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 subjects of the Russian Federation and regulatory legal acts of local governments. A person wishing to gain access to such information is not obliged to substantiate 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 may be appealed to a higher authority or a higher official or to a court.

7. If, as a result of unlawful denial of access to information, untimely provision of it, provision of information known to be 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 prescribed by law.

9. Establishing a fee for the provision by a state body or local self-government body of information about its activities is possible only in cases and on conditions established by federal laws.

Article 9. Restriction of access to information

1. Restriction of access to information is established by federal laws in order to protect the foundations of the constitutional order, 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. The 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 commercial 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 organizations in the course of their certain types activity (professional secret) is subject to protection in cases where these persons are required 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 a court decision.

7. The term for fulfilling obligations to maintain the confidentiality of information constituting a professional secret may 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 mass media must include reliable information about its owner or about another person distributing information in the form and to the extent that are sufficient to identify such a person.

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

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

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

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

Article 11. Documentation of information

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

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

3. Has expired. - Federal Law of 06.04.2011 N 65-FZ.

4. For the purpose of concluding civil law contracts or formalizing other legal relations involving persons exchanging electronic messages, the exchange of electronic messages, each of which is signed electronic signature or other analogue of the sender's handwritten signature of such a message, in the manner prescribed by federal laws, other regulatory legal acts or agreement of the parties, is considered as an exchange of documents.

(as amended by Federal Law No. 65-FZ of April 6, 2011)

5. The right of ownership and other property 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 technologies (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 effective use in the Russian Federation information and telecommunication networks, including the Internet and other similar information and telecommunication networks;

4) ensuring the information security of children.

(Clause 4 was introduced by Federal Law No. 252-FZ of July 21, 2011)

2. State bodies, local self-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 federal laws, laws of the constituent entities of the Russian Federation, respectively, 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 information system operator is the owner of the technical means used to process the information contained in the 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. In cases and in accordance with the procedure established by federal laws, the information system operator must ensure the possibility of posting information on the Internet in the form of open data.

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

4. The requirements for state information systems established by this Federal Law shall 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 for the purpose of exercising the powers of state bodies and ensuring 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 provided for by the Federal Law of July 21, 2005 N 94-FZ "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, state bodies, local governments.

4. Lists of types of information provided on a mandatory basis are established by federal laws, the conditions for its provision - by the Government of the Russian Federation or the relevant state bodies, unless otherwise provided by federal laws. If, during the creation or operation of state information systems, it is expected to implement or process publicly available information provided for by the lists approved in accordance with Article 14 of the Federal Law of February 9, 2009 N 8-FZ "On ensuring access to information about the activities of state bodies of local self-government", state information systems should ensure the placement of such information on the Internet in the form of open data.

(as amended by Federal Law No. 112-FZ of June 7, 2013)

4.1. The Government of the Russian Federation determines the cases in which access via the Internet to information contained in state information systems is provided exclusively to information users who have been authorized in the unified identification and authentication system, as well as the procedure for using the unified identification and authentication system.

(Part 4.1 was introduced by Federal Law No. 112-FZ of June 7, 2013)

5. Unless otherwise established by the decision on the creation of the state information system, the functions of its operator are carried out by the customer who has concluded government contract to create such an information system. At the same time, 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 individual state information systems.

7. It is not allowed to operate the state information system without proper registration of the rights to use its components that are objects of intellectual property.

8. Technical means intended for processing information contained in state information systems, including software and hardware means and means of protecting information, 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 at the disposal of state bodies, are state information resources. Information contained in state information systems is official. State bodies, determined in accordance with the regulatory legal act regulating the functioning of the state information system, are obliged to ensure the reliability and relevance of the information contained in this information system, access to this information in cases and in the manner prescribed by law, as well as protection of this information from illegal access, destruction, modification, blocking, copying, provision, distribution and other illegal actions.

(As amended by Federal Law No. 227-FZ of July 27, 2010)

Article 15. Use of information and telecommunication networks

1. On the territory of the Russian Federation, the use of information and telecommunications 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 the activities 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 on the territory of the Russian Federation of information and telecommunication networks in economic or other activities cannot serve as a basis for establishing additional requirements or restrictions regarding the regulation of the said activity 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 a person, organizations using the information and telecommunications network in the course of entrepreneurial activities. At the same time, the recipient of an electronic message located on the territory of the Russian Federation has the right to conduct a check to identify the sender of the electronic message, and in cases established by federal laws or by agreement of the parties, 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 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 on the terms established by federal laws.

6. Features of connecting state information systems to information and telecommunication networks may 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 15.1. Unified register of domain names, pointers to pages of sites on the Internet and network addresses that allow you to identify sites on the Internet that contain information whose distribution is prohibited in the Russian Federation

(Introduced by Federal Law No. 139-FZ of July 28, 2012)

1. In order to restrict access to sites on the Internet containing information whose distribution is prohibited in the Russian Federation, a unified automated information system is being created "The Unified Register of Domain Names, Pointers to Pages of Sites on the Internet" and Network Addresses That Allow to Identify Sites on the Internet, containing information, the distribution of which is prohibited in the Russian Federation" (hereinafter - the register).

2. The register includes:

1) domain names and (or) indexes of pages of sites on the Internet containing information, the distribution of which is prohibited in the Russian Federation;

2) network addresses that make it possible to identify sites on the Internet that contain information whose distribution is prohibited in the Russian Federation.

3. Creation, formation and maintenance of the register are carried out by the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, in the manner established by the Government of the Russian Federation.

4. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, in the manner and in accordance with the criteria determined by the Government of the Russian Federation, may involve the registry operator in the formation and maintenance of the register - an organization registered on the territory of the Russian Federation.

5. The grounds for inclusion in the register of information specified in paragraph 2 of this article are:

1) decisions of the federal executive bodies authorized by the Government of the Russian Federation, adopted in accordance with their competence in the manner established by the Government of the Russian Federation, in relation to the following distributed via the Internet:

a) materials with pornographic images of minors and (or) announcements about attracting minors as performers to participate in entertainment events of a pornographic nature;

b) information on methods, methods of development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, places of purchase of such drugs, substances and their precursors, on methods and places of cultivation of narcotic plants;

c) information about the methods of committing suicide, as well as calls to commit suicide;

d) information about a minor who has suffered as a result of unlawful actions (inaction), the dissemination of which is prohibited by federal laws;

(Item "d" was introduced by Federal Law No. 50-FZ of April 5, 2013)

2) a court decision that has entered into legal force on recognizing information disseminated via the Internet as information whose dissemination is prohibited in the Russian Federation.

6. The decision to include in the registry domain names, pointers to pages of sites on the Internet and network addresses that make it possible to identify sites on the Internet that contain information the distribution of which is prohibited in the Russian Federation may be appealed by the owner of the site on the Internet ", a hosting provider, a telecom operator providing services for providing access to the Internet information and telecommunication network, to the court within three months from the date of such a decision.

7. Within 24 hours from the date of receipt from the registry operator of a notification about the inclusion of a domain name and (or) an index of a site page on the Internet in the registry, the hosting provider is obliged to inform the owner of the site served by him on the Internet and notify him of the need immediate deletion of the web page containing information, the distribution of which is prohibited in the Russian Federation.

8. Within 24 hours from the date of receipt from the hosting provider of a notification about the inclusion of the domain name and (or) the index of the site page on the Internet in the registry, the owner of the site on the Internet must delete the web page containing information that is distributed in the Russian Federation. Federation is prohibited. In case of refusal or inaction of the owner of the site on the Internet, the hosting provider is obliged to restrict access to such a site on the Internet within a day.

9. If the hosting provider and (or) the owner of the site on the Internet does not take the measures specified in parts 7 and 8 of this article, the network address that allows you to identify the site on the Internet containing information whose distribution is prohibited in the Russian Federation , is included in the registry.

10. Within a day from the date of inclusion in the register of a network address that allows you to identify a site on the Internet that contains information the distribution of which is prohibited in the Russian Federation, the telecom operator providing services for providing access to the Internet information and telecommunications network is obliged restrict access to such site on the Internet.

11. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, or the registry operator involved by it in accordance with Part 4 of this Article, excludes from the registry a domain name, a web site page index "Internet" or a network address that allows you to identify a site on the Internet, based on the request of the owner of the site on the Internet, hosting provider or telecom operator providing services for providing access to the information and telecommunication network "Internet", no later than within three days from the date of such application after taking measures to remove information whose dissemination is prohibited in the Russian Federation, or on the basis of a court decision that has entered into force to cancel the decision of the federal executive body exercising the functions of control and supervision in the field of mass media , mass communications, information technology and communications, on the inclusion in the registry of a domain name, a site page pointer on the Internet or a network address that makes it possible to identify a site on the Internet.

12. The procedure for the interaction of the registry operator with the hosting provider and the procedure for obtaining access to the information contained in the registry by the telecom operator providing services for providing access to the information and telecommunications network "Internet" are established by the federal executive body authorized by the Government of the Russian Federation.

Article 15.2. The procedure for restricting access to information distributed in violation of the exclusive rights to films, including films, television films

(introduced by Federal Law No. 187-FZ of July 2, 2013)

1. The right holder in case of detection in information and telecommunication networks, including on the Internet, films, including films, television films, or information necessary to obtain them using information and telecommunication networks, which are distributed without his permission or other legal grounds, have the right to apply to the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, with a statement on taking measures to restrict access to information resources that distribute such films or information, on the basis of a valid judgment. The form of the said application is approved by the federal executive body exercising the functions of control and supervision in the sphere of mass media, mass communications, information technologies and communications.

2. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, on the basis of a judicial act that has entered into force, within three working days:

1) determines the hosting provider or other person providing placement in the information and telecommunications network, including the Internet, of the specified information resource serving the owner of the site on the Internet, which contains information containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, without the permission of the copyright holder or other legal grounds;

2) sends the hosting provider or other person specified in paragraph 1 of this paragraph to in electronic format notification in Russian and English on violation of exclusive rights to films, including films, television films, indicating the name of the work, its author, copyright holder, domain name and network address, allowing to identify the site on the Internet, which contains information containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, without the permission of the copyright holder or other legal grounds, as well as pointers to the pages of the site on the Internet that allow identifying such information, and with the requirement to take measures to remove such information;

3) fixes the date and time of sending the notification to the hosting provider or other person specified in paragraph 1 of this part in the relevant information system.

3. Within one business day from the moment of receipt of the notification specified in clause 2 of part 2 of this article, the hosting provider or other person specified in clause 1 of part 2 of this article is obliged to inform the owner of the information resource served by them and notify him of the need to immediately delete illegally posted information and (or) take measures to restrict access to it.

4. Within one working day from the date of receipt from the hosting provider or other person specified in clause 1 of part 2 of this article of the notice of the need to delete illegally posted information, the owner of the information resource is obliged to delete such information. In case of refusal or inaction of the owner of the information resource, the hosting provider or other person specified in clause 1 of part 2 of this article is obliged to restrict access to the relevant information resource no later than three working days from the date of receipt of the notification specified in clause 2 of part 2 of this article.

5. If the hosting provider or other person specified in clause 1 of part 2 of this article and (or) the owner of the information resource fails to take the measures specified in parts 3 and 4 of this article, the domain name of the site on the Internet, its network address, pointers pages of the site on the Internet, allowing to identify information containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, and placed without the permission of the copyright holder or other legal grounds, as well as other information about this site and information is sent through the interaction system to telecom operators to take measures to restrict access to this information resource, including the site on the Internet, or to the information posted on it.

6. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, on the basis of a judicial act that has entered into force, within three working days from the date of receipt of a judicial act on the abolition of restrictions on access to information a resource containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks that are distributed without the permission of the copyright holder or other legal grounds, notifies the hosting provider or other person specified in clause 1 of part 2 of this article and telecom operators on the abolition of measures to restrict access to this information resource.

7. Within 24 hours from the date of receipt via the interaction system of information about an information resource containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, which are distributed without the permission of the copyright holder or other legal grounds, A telecom operator providing services for providing access to the information and telecommunications network "Internet" is obliged to restrict access to such an information resource, including to a site on the Internet, or to a page of the site.

8. The procedure for the functioning of the information system of interaction is established by the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications.

9. The procedure provided for by this article does not apply to information to be included in the register in accordance with article 15.1 of this Federal Law.

Article 16. Protection of information

1. Information security 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 illegal actions in relation to such information;

2) observance of confidentiality of information of limited access;

3) realization of the right to access to information.

2. State regulation of relations in the field of information protection is carried out by establishing requirements for information protection, 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 public information may be established only to achieve the goals specified in clauses 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) its transfer to persons who do not have the right to access information;

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

3) prevention of the possibility of adverse consequences of violation of the procedure for access to information;

4) prevention of impact on the technical means of information processing, as a result of which their functioning is disrupted;

5) the possibility of immediate recovery 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 information within the scope of their powers. When creating and operating state information systems, the methods and means of protecting information 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 have been violated in connection with the disclosure of restricted information or other unlawful use of such information shall have the right to apply in accordance with the established procedure for judicial protection of their rights, including claims for damages, compensation for moral damage, protection honor, dignity and business reputation. The claim for damages cannot be satisfied if it is presented by a person who did not take measures to maintain the confidentiality of information or who 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 duties of this person.

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

1) either on the transfer of information provided by another person, provided that it is transferred without changes and corrections;

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

4. The hosting provider and the owner of the site on the Internet shall not be liable to the copyright holder and to the user for restricting access to information and (or) restricting its dissemination in accordance with the requirements of this Federal Law.

(Part 4 was introduced by Federal Law No. 187-FZ of July 2, 2013)

Article 18

From the date of entry into force of this Federal Law, to recognize as invalid:

1) Federal Law of February 20, 1995 N 24-FZ "On Information, Informatization and Information Protection" (Collected Legislation of the Russian Federation, 1995, N 8, Art. 609);

2) Federal Law No. 85-FZ of July 4, 1996 "On Participation in International Information Exchange" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 28, Art. 3347);

3) Article 16 of Federal Law No. 15-FZ of January 10, 2003 "On the Introduction of Amendments and Additions to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On Licensing Certain Types of Activities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 2 , item 167);

4) Article 21 of the Federal Law of June 30, 2003 N 86-FZ "On the introduction of amendments and additions to certain legislative acts of the Russian Federation, the recognition of certain legislative acts of the Russian Federation as invalid, the provision of certain guarantees to employees of internal affairs bodies, bodies for controlling turnover narcotic drugs and psychotropic substances and the abolished federal bodies of the tax police in connection with the implementation of measures to improve public administration" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 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 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, item 2711).

The president

Russian Federation

V. PUTIN

Moscow Kremlin

Restricted information is defined two signs.

1. Access is restricted in accordance with the law.

2. The purpose of the restriction is to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.

To build a system of information with limited access, it is necessary to proceed from the essence of its protection, i.e. interest pursued by protecting information. The following gradation of interests seems logical:

1) public interest- security information resources which are of national importance (including state secrets);

2) commercial interest- the interest of economic entities in limiting access to information in order to obtain advantages in competition;

3) protection of personal rights- inviolability of personal life and related professional secrets, as well as non-property rights not related to property.

Signs of information protection:

1) only documented information is subject to protection;

2) the information must comply with the restrictions established by law;

3) the protection of information is established by law.

Types of restricted access mode:

1) privacy regimes (confidential information- documented information, access to which is restricted in accordance with the legislation of the Russian Federation: commercial, official, professional secrets and secrets of personal life):

a) trade secret.

trade secret is information that has the following three characteristics:

Has actual or potential commercial value due to its unknown to third parties;

There is no free access to it;

The owner of this information takes steps to protect its confidentiality.

b) banking secrecy.

banking secrecy- this is information about accounts and deposits, its owner, number and other details of the account, the amount of funds on accounts and deposits, as well as information about specific transactions, operations on accounts and deposits, as well as property stored in the bank which are not subject to disclosure.

c) personal data.

Personal data- this is information that allows you to identify the identity of a citizen. This category is a component of information about citizens. Access order to personal data citizens (individuals) is established by the federal law on personal data.

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 the Federal Law.

2) regime of information classified as state secrets.

State secrets fall into two categories:

a) state secret- state secrets, the disclosure or loss of which may entail grave consequences for the national security of the country, as well as pose a threat to the security of citizens or their constitutional rights and freedoms. The protection of information constituting a state secret is carried out in accordance with the legislation of the Russian Federation on state secrets.

b) Official secret- state secrets, the disclosure or loss of which may cause significant harm to the national security of the country, as well as to the constitutional rights and freedoms of citizens.

Information received by citizens (individuals) in the performance of their professional duties or organizations in the course of their implementation of certain types of activities ( trade secret ) is subject to protection in cases where these persons are required by federal laws to maintain the confidentiality of such information. Information constituting a professional secret may be provided to third parties in accordance with federal laws and (or) by court order. The term for fulfilling the obligation to maintain the confidentiality of information constituting a professional secret may be limited only with the consent of the citizen (individual) who provided such information about himself.

Types of secrets in Russian legislation

1. Medical secrecy - information about the fact of applying for medical care, the state of health of a citizen, the diagnosis of his illness, other information obtained during his examination and treatment, information about the presence of a mental disorder in a citizen, the facts of applying for psychiatric help and treatment in an institution providing such assistance, as well as other information about the state of mental health - Art. 61 Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, art. 9 of the Law of the Russian Federation "On psychiatric care and guarantees of the rights of citizens in its provision."

2. Adoption Mystery - information about the fact of adoption of a child - Article 139 of the Family Code of the Russian Federation.

3. Notarial secret - information that became known to the notary in the course of his professional activities. - Art. 16 Fundamentals of the legislation of the Russian Federation on notaries.

4. Editorial secrecy - the editorial office is not entitled to disclose in the disseminated messages and materials information provided by a citizen on the condition that they be kept secret. The editorial office is obliged to keep the source of information secret and is not entitled to name the person who provided the information on the condition of not disclosing his name, except for the case when the corresponding request was received from the court in connection with the case being processed by it. The editorial office is not entitled to disclose in the 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 it, as well as who has committed an administrative offense or an antisocial act, without the consent of the minor himself and his legal representative - Art. 41 of the Law of the Russian Federation "On the Mass Media".

5. Mystery of credit history - information that characterizes the fulfillment by the borrower of the obligations assumed under loan (credit) agreements and is stored in the credit history bureau. - Art. 7 of the Federal Law "On credit histories".

6. Attorney secrecy - this is any information related to the provision of legal assistance by a lawyer to his client. In particular, even the very fact of a client applying to a lawyer for legal assistance is an attorney-client secret - Art. 8 of the Federal Law "On advocacy and advocacy in the Russian Federation".

7. The mystery of the deliberations of jurors - jurors cannot disclose the judgments that took place during the meeting - part 4 of article 341 of the Code of Criminal Procedure of the Russian Federation

8. The mystery of the investigation - preliminary investigation data that cannot be disseminated without the consent of the investigator or the person conducting the inquiry - Art. 161 of the Code of Criminal Procedure of the Russian Federation.

9. Secrecy of legal proceedings – works in cases of closed court proceedings. By decision of the judge considering the case, the session may be declared closed, i.e. listeners and media representatives are not allowed to attend - Art. 10 of the Civil Procedure Code of the Russian Federation and Article 241 of the Criminal Procedure Code of the Russian Federation.

basic acts information legislation of the Russian Federation are the Laws “On information, information technologies and information protection”, “On security”, “On mass media”. They legislate the right of citizens, organizations and the state to information, establish their basic rights and obligations, the legal regime for the processing and use of information, the procedure for ensuring information security and guarantees for the implementation of the rights and responsibilities of subjects of information relations.

the federal law "On information, information technologies and information protection" adopted on July 27, 2006. The main goal of the law is to improve the legal basis for relations in the field of formation and use of information resources, in the field of informatization, taking into account the growing role of information in updating the country's production, scientific, organizational and managerial potentials, in resolving the issue of including Russia in global community. The scope of the Law covers relations arising from the exercise of the right to search, receive, transfer, produce and disseminate information, use information technologies, and ensure the protection of information (Article 1).

According to the law "On information, information technologies and information protection" (Article 3), legal regulation relations in this area is based on the following principles:

freedom to seek, receive, transmit, produce and distribute information in any legal way;

establishment of restrictions on access to information only by federal laws;

openness of information about the activities of state bodies and local self-government bodies;

equality of languages of the peoples of the Russian Federation in the creation of information systems;

reliability of information and timeliness of its provision;

inviolability of private life;

the inadmissibility of establishing by regulatory legal acts any advantages of using some information technologies over others.

The Law “On Information, Information Technologies and Information Protection” (Article 5) divides all information, depending on the procedure for its provision and distribution, into the following groups:

information freely distributed;

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

information that, in accordance with federal laws, is subject to provision or dissemination;

information whose dissemination in the Russian Federation is restricted or prohibited.

According to the Law, a citizen (individual), a legal entity, the Russian Federation, a subject of the Russian Federation, a municipality can be the owner of information (Article 6). The owner of information is obliged to observe the rights and legitimate interests of other persons, take measures to protect information, restrict access to information, if such an obligation is established by federal laws.

The law determines the order state regulation in the field of application of information technologies (Article 12), the use of information and telecommunication networks (Article 15) and information protection (Article 16), as well as liability for offenses in the field of information, information technology and information protection (Article 17).

Since the date of entry into force of this Federal Law, the Federal Law of February 20, 1995 "On Information, Informatization and Information Protection" and a number of other legislative acts (Article 18) have been recognized as invalid.

Law of the Russian Federation "About security" adopted on March 5, 1992 (as amended on December 25, 1992). The law is basic in the field of protecting the vital interests of the state. It legally consolidates the concepts of information security, its objects and subjects, defines the security system and its functions.

In Art. 13 of the Law "On Security" states that Security Council of the Russian Federation, being the constitutional body carrying out the preparation of decisions of the President of the Russian Federation in the relevant field, carries out its activities in the field of state, economic, public, defense, information, environmental and other types of security. The Law contains a provision that the functions of the Council, in particular, include consideration of issues of information security, ensuring stability and law and order. Thus, the Security Council is responsible for the state of protection of the vital interests of the individual, society and the state from external and internal threats.

National legislation designed to regulate relations in the field of informatization and information security includes a number of other existing legislative acts. We list and briefly describe the most important of them.

Law of the Russian Federation About mass media» adopted on December 27, 1991 (as amended on March 2, 1998). In Art. 1 of the law states that the freedom of the mass media in the Russian Federation is not subject to restrictions, with the exception of cases provided for by the legislation on mass media. The search, receipt, production and distribution of mass media, the establishment of mass media, their possession, use and disposal, production, acquisition, storage and operation are also not subject to restrictions. technical devices and equipment, raw materials and materials intended for the production and distribution of media products.

The law explicitly states that censorship of mass information, as well as the creation and financing of organizations, institutions, bodies or positions whose tasks or functions include the implementation of censorship of mass information, is not allowed. In Art. 4 of the Law refers to the inadmissibility of the abuse of the media in order to commit criminal offenses:

disclosure of information constituting a state or other secret specially protected by law;

call for the seizure of power, the violent change of the constitutional order and the integrity of the state;

incitement of national, class, social, religious intolerance or discord, propaganda of war;

distribution of programs promoting pornography, the cult of violence and cruelty.

In the same article use is prohibited in television, video and film programs, documentaries and feature films, as well as in information computer files and programs for processing information texts related to special media, hidden inserts, affecting people's subconscious and/or harmful to their health.

The Federal Law has a certain relation to the field of information security "On state support for the media and book publishing in the Russian Federation", adopted on December 1, 1995. This law regulates the procedure state support mass media and book publishing, privatization of enterprises that ensure their functioning, and is aimed at ensuring the constitutional right of citizens to receive complete and objective information.

Law of the Russian Federation "On State Secrets" adopted on July 21, 1993, governs relations arising in connection with the classification of information as a state secret, its declassification and protection in the interests of ensuring the security of Russia. The provisions of the law reflect practical activities for the protection of information constituting a state secret. The law preserves continuity in the protection of most information of a regulatory nature, which allows, to a certain extent, to preserve existing approaches to the protection of information at all stages of its existence. The concept of the Law "On State Secrets" is based on the idea of reorientation existing system protection of information to achieve a balance of interests of a person, society and the state, its adaptation to ongoing changes in the management system in the economic, political, military and other spheres of society, the creation of mechanisms for the implementation of legal relations that can develop in new conditions.

Law of the Russian Federation "About Communication" adopted on January 20, 1995. The scope of this law extends to relations related to the provision of services and performance of work in the field of communications, in the implementation of which state authorities, telecom operators, individual officials, as well as users of communications participate. The law establishes legal basis activities in the field of communications carried out under the jurisdiction of the Russian Federation (federal communications), determines the powers of state authorities to regulate these activities, as well as the rights and obligations of individuals and legal entities participating in the specified activity or using communication services. A separate chapter of the Law is devoted to the regulation of relations in the field of communications management, regulation of the use of the radio frequency spectrum and orbital positions of communications satellites, management of communications networks in emergency situations and in a state of emergency. The law determines that all networks and facilities of electric and postal communication on the territory of the Russian Federation (with the exception of intra-production and technological communication networks) belong to federal communications.

Law " On federal bodies of government communications and information” adopted on February 19, 1993. The law, in particular, determines the obligations of the state in the field of formation of information resources, their use and protection. In Art. 3 of the law states that public policy in this area is aimed at creating conditions for effective and high-quality information support strategic and operational tasks of Russia's development.

The Law formulates the main directions of state policy in the field of informatization and information security, which include:

providing conditions for the development and protection of all forms of ownership of information resources;

formation and protection of state information resources;

creation and development of federal and regional information systems and networks, ensuring their compatibility and interaction in a single information space Russia;

creation of conditions for high-quality and effective information support of citizens, state authorities, local governments, organizations and public associations based on state information resources;

ensuring national security in the field of informatization, as well as ensuring the realization of the rights of citizens, organizations in the context of informatization;

creation and improvement of a system for attracting investments and a mechanism for stimulating the development and implementation of informatization projects;

development of legislation in the field information processes, informatization and information protection.

Law "On bodies of the Federal Security Service of the Russian Federation, adopted on April 10, 1995, and the Law " About foreign intelligence dated January 10, 1996, regarding the acquisition, processing of intelligence information and the protection of state secrets, have much in common.

In order to achieve the goals of intelligence activities and obtain special information, the bodies of the Federal Security Service (FSB) and foreign intelligence agencies use methods and means in accordance with federal laws. In Art. 20 of the Law "On Bodies of the Federal Security Service of the Russian Federation" states that storage in information systems information about individuals and legal entities is not a basis for taking measures restricting the rights of these persons. The Law “On Foreign Intelligence” regulates the activities of radio intelligence units and units of the Federal Agency for Government Communications and Information (FAPSI), which provide and conduct intelligence activities in the field of encrypted, classified and other types of special communications.

In federal laws "On State Protection" and "On the Federal Courier Communications" the rights and obligations of the relevant services in the field of collection, receipt, protection, protection and delivery of information are defined.

The legal consolidation of information relations arising in the field of activity of the internal affairs bodies is regulated by the Law "On the Police" and the Federal Law "On Operational Investigative Activities".

Russian police in accordance with the Law of the RSFSR "About the police" adopted on April 18, 1991, granted a wide range of powers in information sphere. Thus, it is obliged to “accept and register applications, messages and other incoming information about crimes, administrative offenses and events that threaten personal or public safety” (Article 10, paragraph 3).

In accordance with Art. 11 of the Law on the Militia, the right is granted “to receive from citizens and officials the necessary explanations, information, certificates, documents and copies to them” (paragraph 4), as well as “to register, photograph, sound, film and video, fingerprinting persons, taken into custody, detained on suspicion of committing crimes or vagrancy, accused of committing intentional crimes, subjected to administrative arrest, as well as persons suspected of committing an administrative offense when it is impossible to establish their identity ... ”(paragraph 15).

The internal affairs bodies of Russia perform the functions of forming and maintaining national reference and information funds (section 1.1). These functions are assigned to information centers and forensic units in cooperation with other units of the internal affairs bodies, as well as with organizations and services of other law enforcement agencies, including foreign ones.

the federal law "On operational-search activity" adopted on August 12, 1995. In accordance with the Law, the operational units of the internal affairs bodies received wide opportunities to collect information “on events or actions that pose a threat to the state, military, economic or environmental security of the Russian Federation” (Article 2). In Art. 6 of the Law provides a list of operational-search activities, during which, in order to obtain the necessary information, “information systems, video and audio recordings, film and photography, as well as other technical and other means that do not harm people’s life and health and do not cause harm to the environment".

The Federal Law “On Operative Investigative Activities” allows restrictions on the constitutional rights of citizens when conducting operational investigative activities only with the permission of the court on the basis of a reasoned decision of one of the heads of the body - the subject of operational investigative activities.

Law of the Russian Federation About copyright and related rights» entered into force on August 3, 1993 (the Law is currently in force in the 2004 version). The subject of regulation of the Law, in particular, are relations arising in connection with the creation and use of works of science, literature (including computer programs), which are the result of creative activity, regardless of the purpose and dignity of the work, as well as the way it is expressed. The sources of regulation are not only the laws of the Russian Federation and the legislative acts of the constituent entities of the Russian Federation adopted on their basis, but also international treaties in which Russia participates. If an international treaty to which the Russian Federation is a party establishes rules other than those contained in the Law, then the rules of the international treaty shall apply. The main concepts of the Law include, among others, the concepts of a computer program and database, the recording of a program in computer memory, as well as the concept of counterfeit copies of works. The law determines that computer programs are objects of copyright, the violation of which entails civil, criminal and administrative liability in accordance with the legislation of the Russian Federation.

the federal law "On the foundations of public service" adopted on July 31, 1995. The Law defines the rights, obligations and restrictions imposed on civil servants, including in the field of information exchange. Yes, Art. 11 of the Law prohibits civil servants from using information support and proprietary information for non-official purposes.

AT Civil Code of the Russian Federation(parts 1 and 2) information is considered as an object of civil law along with intellectual property and property (Article 128). The Code also defines information constituting official and commercial secrets. In Art. 139 defines the composition of special formalities that allow the application of any sanctions in case of violation of the confidentiality of information.

The Constitution of the Russian Federation and the Civil Code of the Russian Federation directly or indirectly relate to such important topics of informatization as the right to information, guarantees, restrictions and creation of conditions for information security, delimitation of jurisdictions into the most important constituent elements of informatization: information and communication.

Criminal Code of the Russian Federation adopted on May 24, 1996 and put into effect on January 1, 1997. The new Criminal Code (with subsequent amendments and additions) establishes fundamentally new approaches to certain problems of criminal law for domestic legislation. Separate norms in Russian law enforcement practice are used for the first time. In particular, ch. 28 "Crimes in the field of computer information" defines socially dangerous and criminal acts in the field of computer information.

The following crimes are included in the category of crimes against the constitutional rights and freedoms of a person and a citizen, which are of an informational nature, in the Criminal Code:

violation of the secrecy of correspondence, telephone conversations, postal, telegraphic or other communications of citizens (Article 138, part 1);

illegal production, sale or acquisition for the purpose of sale of special technical means intended for secretly obtaining information (p. 138, part 3);

provision to a citizen by an official of incomplete or deliberately false information, if this caused harm to the rights and legitimate interests of citizens (Article 140, part 3);

illegal use of an invention, utility model, industrial design, disclosure of their essence without the consent of the author or applicant before the official publication of information about them, appropriation of authorship or coercion to co-authorship (Article 147, part 2);

collecting information constituting commercial or banking secrets by stealing documents, bribery or threats, or in any other illegal way (Article 183, part 1);

illegal disclosure or use of information constituting a commercial or banking secret without the consent of their owner (Article 183, Part 2);

illegal export of technologies, scientific and technical information and services in the field of weapons and military equipment (Article 189, part 2).

Legislative regulation of the rights of citizens to a favorable environment and reliable information about its condition is reflected in the Federal Law "On Radiation Safety of the Population", adopted on January 9, 1996. In accordance with Art. 23 of the Law, citizens and public organizations received the right to objective information about the radiation situation and the safety measures taken from those organizations that carry out activities using sources of ionizing radiation. In addition, according to Art. 6 of the Law, the subjects of the Russian Federation are authorized to inform citizens about the radiation situation in the respective territory.

The federal law regulates relations arising from the exercise of the right to search, receive, transfer, produce and disseminate information, when using information technologies, as well as when ensuring the protection of information, with the exception of relations arising from the protection of the results of intellectual activity and equivalent means of individualization.

The development of a new basic legislative act in this area is due to the need to unify the principles and rules for regulating information relations, both from a conceptual and substantive point of view, to eliminate a number of gaps in regulation and to bring the legislation of the Russian Federation closer to the international practice of regulating information relations.

The federal law brings the conceptual apparatus and regulatory mechanisms in line with the practice of using information technologies, defines the legal status of various categories of information, establishes provisions on regulating the creation and operation of information systems, general requirements for the use of information and telecommunications networks, establishes principles for regulating public relations related to using information.

The principle of freedom to search, receive, transfer, produce and distribute information in any legal way is consolidated. At the same time, restrictions on access to information can only be established by federal laws.

The law contains provisions aimed at protecting against unfair use or abuse of the means of dissemination of information, in which users are forced to use unnecessary information. In particular, the information must include reliable information about its owner or another person - the distributor in the form and to the extent that are sufficient to identify such a person. When using means for disseminating information that allow determining the recipients of information, including postal items and electronic messages, the person distributing information is obliged to provide the recipient with the opportunity to refuse such information.

The basic rules and methods for protecting the rights to information, protecting the information itself by taking basic legal, organizational and technical (software and hardware) measures to protect it have been established. The rights of the owner of the information contained in the databases of the information system are subject to protection regardless of copyright and other rights to such databases.

Information, depending on the category of access to it, is divided into public information, as well as information, access to which is limited by federal laws (restricted access information). A list of information is established, access to which cannot be restricted (for example, on the activities of government bodies and on the use of budgetary funds), information provided free of charge.

There is a direct ban on requiring 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 a citizen (individual). laws.

From the date of entry into force of the Federal Law, the Federal Law of February 20, 1995 N 24-FZ "On Information, Informatization and Information Protection" is recognized as invalid.

06.07.2020

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