Currently, current legislation has in its base a regulatory document that governs the procedure, rules and requirements for the provision of information. What is it, few know, and even more so those who have nothing to do with jurisprudence. Some nuances and norms of this legal act are set forth in this article.
Glossary of terms used in law
Some terms and definitions that are used in the said normative act are more clearly defined by the legislator, so that citizens do not have doubts or double understanding. So, among these definitions are the following:
- Information from the point of view of the specified document means any information that may be expressed in the form of messages or in another form. Moreover, they can be provided to third parties in any form.
- Information technology - all kinds of methods, methods and methods prescribed by law that are used to detect, store, use and use information.
- The owner of the information is the person who made it on his own or received it on the basis of any transaction provided for by law from other persons. The owner may be a legal entity.
- Providing information - this definition means any actions that are aimed at transferring it from one person to another. Moreover, the recipient can be either a specific person or an indefinite circle of recipients.
- Access to information is a legally and physically secure opportunity for recipients to acquire information. The types and forms of this access are determined by the relevant regulatory documents that govern individual specific legal relationships in people's lives.
- Confidentiality - a requirement that is imposed on persons who have access to information, and consists in a ban on their disclosure without the permission of the owner of the information.
Only a few of the concepts are listed here. For more complete information about all the definitions used in the federal law, you need to look directly into it.
Types of information
So what is information? The Law “On Information, Information Technologies and the Protection of Information” discloses its essence as an object of legal relations. It can be a direct object of not only civil relations, but also public, and power, and others. As a general rule, the information received is free for distribution. That is, the person who received it has the right to transfer it to other persons. However, this rule only applies in cases where it is not confidential. Confidentiality, in turn, can be established both on the basis of an agreement concluded between the parties, and on the basis of legislation. For example, the law regulating the operational-search activity establishes the secrecy of information. Access to it can only be obtained by specially authorized persons. The provision of information that has confidentiality is possible only with the consent of its owner or on the basis of a judicial act.
Based on the foregoing, it can be divided into the following categories:
- distributed freely and without restrictions;
- distribution of which is possible only in accordance with the contract;
- the distribution of which is possible only on the basis of laws;
- distribution of which is prohibited on the territory of the Russian Federation or is limited.
Information holders
Let us consider in more detail who is the owner of the information. The legislative act regulating this issue establishes that such persons may be individuals, organizations, as well as the Russian Federation itself. Also, owners can be subjects of the Russian Federation and municipalities. If the person under consideration is the last three named entities, then on their behalf the rights and obligations are carried out by the respective authorized officials. The powers of all owners include the following powers:
- provide or partially provide access to information, establish the procedure for the provision of information and methods of this access;
- use proprietary information at their discretion;
- to provide information to other persons by entering into any agreement or in cases specified by law;
- assert their rights to information if they are violated by third parties;
- exercise other rights provided or not prohibited by law.
In addition to rights, the holder has certain responsibilities. These include the observance of the interests of third parties, their legal rights. The owner of the information must also protect the information at his disposal, and if they are confidential, then restrict access to them.
Public Information
The named species includes all the information that is in the public domain. This is usually well-known facts, as well as information that does not have limited access. Providing information that is not restricted to anyone is essentially free of charge. However, she may have an owner who may require that the persons using her indicate him as the owner.
Right to receive information
Citizens and legal entities can receive information by any methods not prohibited. They can conduct a search in all publicly available resources or write a statement on the provision of information. An example is the Internet, where freely available is an unlimited amount of free data. In addition, these persons have the right to demand the receipt of the information they need from state bodies or other organizations. A request for information is sent by him to the owner of the information of interest, that, in turn, considers the request, and if the requested is not protected by law, is not limited to distribution, it transfers the information to the applicant. It is understood that a person has the right to receive them if they affect his rights and obligations. Federal law establishes a list to which access cannot be prohibited or otherwise restricted. This is the information:
- about the state of the environment;
- on the implementation by state bodies of their activities;
- on laws and other regulations;
- located in libraries and other places open to the public;
- other approved for distribution.
To receive them, you need to draw up a letter on the provision of information and transfer it to the appropriate authority.
Access limitation
General provisions on access restrictions are established in Art. 9 of the considered normative act. It states that these forms of providing information are regulated by the laws of the Russian Federation. This can be due to various factors. Some of them are: protection of the constitutional system of the country, the health and safety of people, their interests, as well as to maintain Russia's defense capabilities. This, of course, is not all the reasons for restricting access. The legislator has determined that a restriction may be subdivided depending on what kind of confidentiality the information has. So, it may have a commercial secret, banking, business or any other. Accordingly, depending on what type of information the information refers to, it is regulated by a special law. For example, the procedure for protecting and disseminating bank secrets is described in the legislation governing banking activities. It describes the procedure for the disclosure of information, as well as lists the cases and persons to whom it can be transferred.
Spread
In order to provide information by a regulatory document, it is determined that its dissemination in Russia is free, but exclusively in accordance with laws. It is also determined that the information disseminated must be reliable. This requirement applies not only to the content of the information itself, but also to information about the owner or distributor. In other words, the person receiving the information should freely (if desired) find out who disseminated it. For example, a site that posts a message on the Internet is required to indicate its name (name of organization or full name of citizen), place of registration or location, where you can find the owner (distributor), other contact details, in including phones and email addresses. Particular requirements are placed on distribution methods such as transmission by sending electronic messages or mail. In such cases, the sender is required to provide the recipient with the opportunity to refuse to receive this information. A good example is the advertising SMS-mailing, which senders can send to their customers only upon receipt of appropriate permission from them.
Fixation
Forms of providing information provide that in some cases the information transmitted by the parties to each other should be documented. This obligation is assigned to the counterparties either by law or by an agreement signed between them. Documentation is mandatory in state bodies, and it is carried out in the manner determined by the government. For this purpose, special rules are issued. For the purposes of implementing the transfer of information between citizens, as well as between organizations, including state ones, the procedure for using electronic signatures is established. In certain situations, parties are required to transmit information using such a signature.
Protection
The analyzed law “On Information, Information Technologies and the Protection of Information” sets forth the measures that should be implemented by the state and other persons with the aim of protecting it. So, among the list of these measures there are organizational, technical and, of course, legal measures. They are undertaken by stakeholders to:
- safety of information from infringement of third parties by them, from subsequent commission by them of any illegal actions, from destruction, copying or distribution of information;
- secrecy;
- providing access to information.
The state, in carrying out its functions, is obliged to take the necessary actions to protect. They are expressed in the establishment of minimum requirements for relations related to the receipt of information, as well as in determining the responsibility for their unlawful disclosure or other illegal actions. Security requirements include but are not limited to:
- Prevention of unauthorized access and subsequent transfer to third parties who are not entitled to it.
- If possible, the establishment of facts of unauthorized access.
- Prevention of negative results that may occur in case of violation of the established procedure for obtaining information.
- Constant control.
Responsibility
As mentioned above, one of the functions of the state is to establish measures aimed at protecting information. For these purposes, the legislative body enacts laws and other regulatory acts that stipulate liability for the misuse of information. Responsibility, of course, varies depending on the degree of socially dangerous act. It may be provided for by various laws and codes. So, if the violation is very serious, then the culprit may be held criminally liable. Slightly less dangerous actions may entail liability established by administrative law. As a rule, the punishment for such offenses is limited to fines. If the offense of the guilty person has no signs of either a criminal or administrative act, then the liability may be disciplinary (if the offender is an employee).
Thus, the considered law defines only the main provisions governing relations between the parties. More detailed information about how it is distributed, what time frames for the provision of information and other important points are determined by special regulations issued for certain legal relations. Following all the norms of the legislation both by the owners and the recipient of the information will ensure its proper circulation, and will not allow third parties to violate the rights and interests of other citizens and organizations.