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

Currently, the current legislation has in its base a regulatory document that regulates the procedure, rules and requirements for the provision of information. What is it, know a few, and even more so those who have nothing to do with jurisprudence. Some of the nuances and norms of this legal act are set forth in this article.

Dictionary of terms used in law

Some terms and definitions that are applied 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 there are the following:

1. Information from the point of view of this document means any information that can be expressed in the form of messages or in another form. And they can be provided to third parties in any form.
2. Information technology - all kinds of ways, methods, processes used to detect, store, use and apply information.
3. The holder of information is the person who has produced it by his own efforts or obtained on the basis of a legal transaction from other persons. A legal entity can also be a holder.
4. Provision of information - this definition means any actions that are aimed at transferring it from one person to another. In this case, the recipient can be either a specific person or an unidentified circle of recipients.
5. Access to information is a legally and physically provided opportunity for recipients to acquire information. Types and forms of this access are determined by the relevant regulatory documents that regulate individual specific legal relationships in people's lives.
6. Confidentiality is a requirement that is imposed on persons who have access to information and is to prohibit their disclosure without permission of the owner of information.

Here are just a few of the concepts. 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 Information Protection" reveals its essence as an object of legal relations. It can be a direct object not only of civil legal relations, but also public, and imperious, and others. As a general rule, the information obtained is free to disseminate. That is, the person who received it has the right to transfer it to other persons. However, this rule only applies if 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 operative-search activity establishes the secrecy of information. Access to it can be obtained only by specially authorized persons. 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 above, it can be divided into the following categories:

• Distributed freely and without restrictions;
• The dissemination of which is possible only in accordance with the treaty;
• The dissemination of which is possible only on the basis of laws;
• Distribution of which is prohibited in the territory of the Russian Federation or limited.

Owners of information

Let us consider in detail who is the owner of the information. The legislative act that regulates this issue has established that such individuals can be individuals, organizations, as well as the Russian Federation itself. Also, the subjects of the Russian Federation and municipalities may be holders. If the person in question is the last three named subjects, then on their behalf the rights and obligations are exercised by the respective authorized officials. The powers of all holders include the following powers:

• Provide or partially provide access to information, establish the procedure for providing information and ways of this access;
• Use the information in the ownership at its discretion;
• To provide information to other persons by concluding an agreement or in cases determined by law;
• Defend their rights to information if they are violated by third parties;
• To exercise other rights provided for or not prohibited by law.

In addition to rights, the holder is also assigned certain responsibilities. These include respect for the interests of third parties, their legal rights. The holder of information should also protect the information at his disposal, and if they are confidential, then restrict access to them.

Publicly accessible information

The name refers to all the information that is freely available. Usually these are well-known facts, as well as information that does not have limited access. Providing information that is unlimited by anyone is essentially free of charge. At the same time, she may have an owner who can demand that the persons using it indicate him as the owner.

Right to receive information

Citizens and legal entities can receive information by any non-prohibited methods. They can search it in all publicly available resources or write a request for information. An example is the Internet, where an unlimited amount of free data is freely available. In addition, these persons have the right to demand the receipt of the information they need from government agencies or other organizations. The request for information is sent to the owner of the information of interest, which, in turn, considers the request, and if the requested is not protected by law, is not restricted to dissemination, it passes the information to the applicant. It is understood that a person is entitled to receive them in the event that they affect his rights and obligations. The federal law establishes a list to which access can not be prohibited or otherwise restricted. This information :

• On the state of the environment;
• On the implementation by government agencies of their activities;
• On laws and other normative acts;
• Located in libraries and other places open to the public;
• Another, allowed for distribution.

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

Access limitation

General provisions for restricting access are established in art. 9 of the normative act in question. It states that these forms of providing information are regulated by the laws of the Russian Federation. Due to this, there may be various factors. Some of them are: protection of the constitutional order of the country, health and safety of people, their interests, and also to preserve Russia's defense capability. This, of course, is not all grounds for restricting access. The legislator has determined that the restriction may be subdivided depending on the nature of the confidentiality of the information. So, it can possess commercial secret, banking, service or some other. Accordingly, depending on the type of information, they are regulated by a special law. For example, the procedure for protecting and disseminating bank secrecy is described in legislation regulating banking activities. It is there that describes the procedure for disclosure of information, as well as lists cases and persons who can transfer it.

Spread

In order to provide information to the regulatory document, it is determined that its distribution takes place in Russia freely, but exclusively in accordance with the laws. It is also determined that the information disseminated must be reliable. This requirement applies not only to the content of the information itself, but also to information about the owner or distributor. In other words, the person receiving the information should freely (if desired) find out who spread it. For example, a site that places a message on the Internet must provide its name (name of the organization or full name of the citizen), place of registration or location where the owner (distributor) can be found, other contact details, in Including phones and e-mail addresses. Specific requirements are imposed on such methods of dissemination as transmission by sending electronic messages or by mail. In such cases, the sender must provide the recipient with the opportunity to refuse to receive this information. A good example is an SMS advertising message that senders can send to their customers only when they receive the appropriate permission from them.

Fixing

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

Protection

The analyzed law "On Information, Information Technologies and Information Protection" establishes measures to be implemented by the state and other persons with a view to protecting it. So, among the list of these measures there are organizational, technical and, of course, legal measures. They are undertaken by stakeholders for:

• Preservation of information from attacks on them by third parties, from their subsequent subsequent illegal actions, from the destruction, copying or dissemination of information;
• Preservation of secrecy;
• Access to information.

The state, carrying out its functions, is obliged to take the necessary actions for protection. They are expressed in the establishment of minimum requirements for relations related to obtaining information, as well as in determining the responsibility for their unlawful disclosure or other unlawful actions. The requirements for ensuring security, in particular, include:

1. Prevention of unauthorized access and subsequent transfer to third parties who are not eligible for this.
2. If possible, establish the facts of wrongful access.
3. Prevention of negative results that may arise in case of violation of the established procedure for obtaining information.
4. Constant control.

A responsibility

As stated above, one of the functions of the state is the establishment of measures aimed at protecting information. For these purposes, the legislature enacts laws and other normative acts that provide for the responsibility for the misuse of information. Responsibility, of course, is graded according to the degree of socially dangerous deed. It can be envisaged by different laws and codes. So, if the violation is very serious, then the perpetrator may be subject to criminal liability. Slightly less dangerous actions may entail liability established by administrative law. As a rule, punishment for such offenses is limited to fines. If the offense of the guilty person has no signs of a criminal or administrative act, then the responsibility can be disciplinary (if the offender is an employee).

Thus, the considered law determines only the main provisions governing relations between the parties. More detailed information on how it is distributed, what terms for the provision of information and other important points are determined by special regulations issued for certain legal relationships. Adherence to all legal norms both by the owners and recipient of information in aggregate will ensure its proper turnover, will not allow violation by third parties of the rights and interests of other citizens and organizations.