On Information, Informatization And Protection Of Information

Original Language Title: Об информации, информатизации и защите информации

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Overtaken by Federal Law N 149-FZ RUSSIAN FEDERATION FEDERAL LAW On information, information and information security adopted by the State Duma on 25 January 1995 class="ed">(In the wording of Federal Law of 10.01.2003) N 15-FZ CHAPTER 1. GENERAL PROVISIONS Article 1. The scope of this Federal Act 1. This Federal Law regulates relations arising out of: formation and use of information resources through creation, collection, processing, stockpiling, storage, retrieval, distribution and provision to the consumer { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } 2. This Federal Law does not affect the relations regulated by the Russian Federation Act. " About Copyright and Related Rights". Article 2. Terms used in this Federal Law, their definitions This Federal Law uses the following concepts: information about persons, objects, facts, events, events, and processes, regardless of the form they represent; Informatization-organizational Socio-economic and scientific and technological development The best conditions for meeting the information needs and the rights of citizens, bodies of state power, local government bodies, organizations and voluntary associations based on the formation and use of information systems resources; documented information (document)-information that is documented on the material carrier, with information that lets you identify it; information processes -- collection, processing, storage, storage, Search and dissemination of information; Information system is an organizational and organized collection of documents and information technologies, including the use of computing devices and communications that implement information processes; information resources-individual documents and individual arrays of documents, documents and arrays of documents in information systems (libraries, archives, funds, data banks, other information systems); information about citizens (personal data)-facts, events and circumstances The life of a citizen to identify his identity; confidential information-documented information, which is restricted in accordance with the laws of the Russian Federation; Provision of automated information systems and their technologies-software, technical, linguistic, legal, organizational tools (electronic computer programs; computers and communications; dictionaries, thesaurus and classifiers; instructions and methods; regulations, statutes, job descriptions, diagrams and descriptions thereof, other operational and supporting documentation) used or created in the design and maintenance of information systems; resources, information systems, technologies and their means of support-a subject that fully implements the authority to own, use, dispose of specified objects; the owner of information resources, information systems, of technologies and means of ensuring their Use of specified objects and exercising authority within the limits established by law; user (consumer) information-principal who accesses the information system or intermediary for obtaining the necessary information Information and the information that it uses. Article 3. Duties of the State in the sphere of formation information resources and informatization 1. State policy in the field of information resources and informatization is aimed at creating conditions for efficient and quality information management of strategic and operational objectives of social and economic development. THE RUSSIAN FEDERATION 2. The main directions of state policy in the field of information are: to ensure the development and protection of all forms of ownership of information resources; Information resources; creation and development of federal and regional information systems and networks, ensuring their compatibility and interoperability in the single information space of the Russian Federation; Creating conditions for quality and effective information support to citizens, State authorities, local authorities, organizations and voluntary associations based on public information resources; national security in the field of informatization, as well as enforcement rights of citizens, organizations in the context of informatization; promoting market formation of information resources, services, information systems, technologies, means of support; formation and implementation of one of science, technology and industry in the field of information and today's world level of information technology development; support for projects and informatization; creating and improving a system for attracting investment and a mechanism to stimulate development and implementation Informatization projects; development of legislation in the field of information processes, informatization and the protection of information. CHAPTER 2. INFORMATION RESOURCES Article 4. The basis of the legal mode of information resources 1. Information resources are the objects of the relations of individuals, legal entities, states, make up the information resources of Russia and are protected by the law along with other resources. 2. The legal mode of information resources is determined by the rules that set out: Document order documentation; ownership of individual documents, and individual document arrays, documents, and document arrays in Information systems; category of information by level of access to the information; information security order. Article 5. Documenting information 1. Documenting information is a prerequisite for the inclusion of information in information resources. Documenting information is carried out in accordance with the procedure established by the public authorities responsible for the organization of the proceedings, standardization of documents and their arrays, and the security of the Russian Federation. 2. The document obtained from the automated information system acquires legal force after it was signed by the official in accordance with the procedure established by the legislation of the Russian Federation. 3. The legal force of a document, stored, processed and transmitted by automated information and telecommunications systems can be confirmed by an electronic digital signature. The legal effect of an electronic digital signature is recognized when there is a software information system that provides the identification of signature and compliance with the established mode of use. 4. (Deleted-Federal Law of 10.01.2003) N 15-FZ) Article 6. Information resources as a combination of property and ownership object 1. Information resources can be State and non-State, and as part of the property, are owned by citizens, government bodies, local governments, organizations and public associations. Relations with regard to the ownership of information resources are governed by the civil legislation of the Russian Federation. 2. Natural and legal persons are the owners of those documents, the arrays of documents created by their funds, acquired by them legally, received in the order of gift or inheritance. 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION by law. The State has the right to purchase documented information from individuals and legal entities when this information is classified as a State secret. The owner of information resources containing information classified as a State secret is entitled to dispose of that property only with the permission of the relevant public authorities. 4. Actors who are legally documented information to the public authorities and organizations do not lose their rights to these documents and to the use of the information contained therein. Documented information submitted on a mandatory basis to public authorities and organizations of legal entities, irrespective of their organizational and legal form and form of ownership, as well as by citizens under article 8 of the present report. The Federal Act creates information resources that are jointly owned by the State and the entities submitting this information. 5. The information resources that are the property of the organizations are included in their property in accordance with the civil legislation of the Russian Federation. Information resources, which are the property of the State, are administered by public authorities and organizations in accordance with their competence and shall be subject to the protection and protection of State property. 6. Information resources may be a commodity, except in cases provided for in the legislation of the Russian Federation. 7. The owner of the information resources shall enjoy all the rights provided for in the legislation of the Russian Federation, including the right: to appoint a person carrying out economic management of information resources, or Operational management of them; set the mode and rules for handling, protecting and accessing information resources within their jurisdiction; define the terms and conditions for the management of documents when copying and distributing them. 8. Ownership of the information processing facility does not create ownership rights for information resources owned by other owners. Documents processed in the order of service delivery or in the sharing of these processing facilities are owned by the owner. The ownership and treatment of derivative products in this case are governed by the contract. Article 7. Public information resources 1. State information resources of the Russian Federation are formed in accordance with the terms of reference as: federal information resources; information resources under the joint responsibility of the Russian Federation; and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The formation of state information resources in accordance with Article 8 (1) of this Federal Law shall be carried out by citizens, public authorities, local authorities, organizations and public bodies. associations. Federal bodies of state power, state authorities of the constituent entities of the Russian Federation form the state information resources under their jurisdiction and ensure their use in accordance with established competence. 3. The activities of state authorities and organizations in the formation of federal information resources, information resources of joint maintenance, information resources of the subjects of the Russian Federation are financed from the federal budget and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. (Deleted-Federal Law of 10.01.2003) N 15-FZ) Article 8. Required { \cs6\f1\cf6\lang1024 } Information { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } Citizens, public authorities, local governments, organizations and public associations are obliged to submit documented information to the bodies and organizations responsible for the formation and use of public bodies. information resources. The Government of the Russian Federation approves the lists of legally documented information and lists of bodies and organizations responsible for the collection and processing of federal information resources. 2. The order and conditions for the mandatory submission of documented information shall be brought to the attention of the citizens and organizations. The Mandatory reporting (acquisition) of information classified as State secrets and confidential information shall be established and implemented in accordance with the law on these categories of information. 3. When registering legal entities, the registration authorities provide them with lists of mandatory documents and their addresses. The list of mandatory documented information is appended to the statute of each legal person (provision on it). Non-registration of registered legal entities with the list of legally submitted documents with the addresses of their submission does not constitute grounds for refusal of registration. Officials of the registration authorities responsible for the failure to provide registered legal entities with lists of documents to be submitted to the registry with the address of their submission are subject to disciplinary responsibility up to the withdrawal from posts. 4. Documents belonging to natural and legal persons may be included in public information resources according to the wishes of the owner, according to the rules established for the inclusion of documents in the relevant information systems. Article 9. Reporting resources to the Russian national treasure 1. Individual objects of federal information resources can be declared national treasure. 2. The introduction of specific federal information resources to the national national patrimony and the determination of their legal regime are established by federal law. Article 10. Information resources by category access 1. The State information resources of the Russian Federation are public and public. The exception to this is documented information classified by law as restricted access. 2. Documented information with limited access under its legal regime is divided into information classified as a State secret and confidential. 3. Prohibited access to restricted information: Legislative and other regulations establishing the legal status of public authorities, local authorities, organizations, voluntary associations, and Also the rights, freedoms and duties of citizens, the procedure for their implementation; documents containing information on emergency situations, environmental, meteorological, demographic, sanitary-epidemiological and other information necessary for the safe operation of human settlements of the Convention on the Rights of the child (art. State and local resources, the state of the economy and the needs of the population, with the exception of information classified as State secrets; documents accumulated in open libraries and archives, information systems of bodies authorities, local authorities, and public Associations, organizations representing public interest or necessary for the exercise of the rights, freedoms and duties of citizens. 4. The reporting of State secrets is carried out in accordance with the Law of the Russian Federation "On State Secrets". 5. Information shall be made confidential in accordance with the procedure established by the legislation of the Russian Federation, except as provided for in article 11 of this Federal Law. Article 11. Information about citizens (personal data) 1. Lists of personal data included in the federal information resources, information resources, information resources of the constituent entities of the Russian Federation, information resources of local government bodies, and that are received and collected by non-State organizations, should be established at the level of federal law. Personal data is classified as confidential. It is not permitted to collect, store, use and disseminate information about private life, as well as information violating personal secrecy, family secret, correspondence, telephone conversations, postal, telegraphic and other communications an individual without his or her consent, except on the basis of a judicial decision. 2. Personal data may not be used for the purpose of causing material and moral harm to citizens, difficulties in exercising the rights and freedoms of citizens of the Russian Federation. The restriction of the rights of citizens of the Russian Federation on the basis of the use of information on their social origins, racial, national, linguistic, religious and party affiliation is prohibited and punishable under the law. 3. Legal and natural persons, in accordance with their powers, own information about citizens receiving and using it shall be liable under the laws of the Russian Federation for violation of the protection, treatment and how this information is used. 4. The lawfulness of the activities of public authorities and of organizations collecting personal data may be established by the courts on the demand of the subjects under articles 14 and 15 of this Federal Law and Personal data legislation.(Paragraph 4 is deleted; paragraph 5 is considered to be para. 4-Federal Law of 10 January 2003). N 15 FZ CHAPTER 3. USE OF INFORMATION Article 12. The implementation of the right to access information from information resources 1. Users-citizens, public authorities, local authorities, organizations and voluntary associations-have equal rights to access public information resources and are not obliged to justify them to the owners of these The need to obtain the information requested by them. The exception is information with restricted access. Access of individuals and legal entities to public information resources is the basis for the exercise of public control over the activities of state authorities, local self-government bodies, public and political bodies. other organizations, as well as the state of the economy, the environment and other spheres of public life. 2. Information resource owners provide users (consumers) with information from information resources on the basis of legislation, statutes of designated bodies and organizations, regulations on them, and service contracts for information services. Security. Information obtained legally from public information resources by citizens and organizations may be used by them to create derivative information for its commercial distribution with mandatory information. A link to the content source. The profit source in this case is the result of nested labor and tools when deriving information, but not the source information obtained from public resources. 3. The procedure for obtaining information from the user (indication of place, time, responsible officials, procedures) shall determine the owner or owner of the information resources subject to the requirements established by this Federal Law. Information, information and conditions of access to information resources, owners of information resources and information systems provide users free of charge. 4. The public authorities and the organizations responsible for the development and use of information resources provide the conditions for the prompt and complete provision of documented information to the user in accordance with their responsibilities, established by the statutes (regulations) of these bodies and organizations. 5. The procedure for the accumulation and processing of restricted access, the rules of its protection and the manner in which it is accessed shall be determined by the public authorities responsible for certain types and areas of information, in accordance with their jurisdiction or directly owned by the owner, in accordance with the law. Article 13. Information assurance warranties 1. The public authorities and local authorities shall establish accessible information resources on the activities of these bodies and their subordinate organizations, as well as within their competence, by the mass media. Providing information to users on citizens ' rights, freedoms and duties, their security and other issues of public interest. 2. A denial of access to the information resources provided for in paragraph 1 of this article may be appealed to the courts. 3. The Committee under the President of the Russian Federation for Informatization shall arrange for the registration of all information resources, information systems and the publication of information on them to ensure the right of citizens to access information. 4. The list of information services provided to users from public information resources free of charge or for a fee that does not reimburse the full cost of services is established by the Government of the Russian Federation. The costs of these services are reimbursed from the federal budget and the budgets of the constituent entities of the Russian Federation. Article 14. Citizens 'and organizations' access to information about them 1. Citizens and organizations have the right to have access to documented information and to clarify this information in order to ensure its completeness and reliability, and have the right to know who uses or uses this information. Restrictions on the access of citizens and organizations to information about them are permissible only on the basis of federal laws. 2. The owner of documented information on citizens is obliged to provide information free of charge at the request of the persons concerned. Restrictions may be imposed only in cases provided for in the legislation of the Russian Federation. 3. Entities providing information about themselves for the recruitment of information resources under articles 7 and 8 of this Federal Act are entitled to use this information free of charge. 4. The refusal of the holder of information resources to the subject in access to information about him can be appealed in court. Article 15. Responsibilities and responsibility of the owner of information resources 1. The owner of the information resources is obliged to ensure compliance with the processing regime and rules for the provision of information to the user established by the legislation of the Russian Federation or the owner of these information resources, according to Legislation. 2. The holder of an information resource is legally responsible for violation of the rules of work with information in accordance with the procedure provided by the legislation of the Russian Federation. CHAPTER 4. INFORMATIZATION. { \cs6\f1\cf6\lang1024 } Information { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } INFORMATION { \cs6\f1\cf6\lang1024 } } Development and production of information systems, technologies and tools 1. All types of production of information systems and networks, technologies and means of their provision form a special branch of economic activity, the development of which is determined by the state scientific-technical and industrial policy of informatization. 2. State and non-State organizations, as well as citizens, have equal rights in the development and production of information systems, technologies and means of support. 3. The State shall create conditions for research and development in the development and production of information systems, technologies and means of support. The Government of the Russian Federation sets out the priority areas for the development of information and establishes the procedure for their financing. 4. The development and operation of federal information systems is financed from the federal budget under the expenditure of "Informatics". 5. State statistics bodies, together with the Committee under the President of the Russian Federation for Informatization, establish rules for the recording and analysis of the state of the economic activity, the development of which is determined by the State. Scientific, technical and industrial policy of informatization. Article 17. Ownership of information systems, technologies and tools 1. Information systems, technologies and means of providing them can be the objects of property of natural and legal persons, of the state. 2. The owner of the information system, technology and means of support shall be deemed to be a natural or legal person for which the facilities are acquired, acquired or obtained by inheritance, gift or other legal means. 3. Information systems, technologies and means of their security shall be included in the property of the entity exercising the rights of the owner or the owner of those facilities. Information systems, technologies and means of providing them are the product (s), while respecting the exclusive rights of their developers. The owner of the information system, the technology, and the means of their enforcement determines the conditions for the use of these products. Article 18. The right of ownership and ownership of information systems, technologies and means of security The right of authorship and ownership of information systems, technologies and tools can to belong to different people. The owner of the information system, technology and tools is obliged to protect the rights of their author in accordance with the legislation of the Russian Federation. Article 19. Certification of information systems, technology, their security tools (In the wording of Federal Law of 10.01.2003) g. N 15-FZ) 1. Information systems, databases and databases for the information services of citizens and organizations are to be certified in accordance with the procedure established by the Law of the Russian Federation "On certification of products and services". 2. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Access, as well as the means to protect these systems, are subject to mandatory certification. The certification procedure is defined in the legislation of the Russian Federation. 3. The interest of the consumer of information in the use of imported products in information systems is protected by the customs authorities of the Russian Federation on the basis of the international certification system. (Paragraph 3 is deleted; paragraph 4 is considered to be para. 3-Federal Law of 10.01.2003) N 15 FZ) GLAV 5. Protection of information and the rights of the women's rights in the field of information and informatics Article 20. { \cs6\f1\cf6\lang1024 } Security { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Protect { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Protect { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 unauthorized acts of destruction, modification, distortion, copying, blocking of information; prevention of other forms of unlawful interference with information resources and information systems, enforcement of the legal regime documented information as a property object; security The constitutional rights of citizens to maintain the privacy and confidentiality of personal data available in information systems; preservation of state secrets, confidentiality of documented information in accordance with Legislation; to ensure the rights of actors in information processes and in the design, production and use of information systems, technologies and means of support. Article 21. Information security 1. Any documented information is subject to protection and the improper treatment of which may be detrimental to its owner, owner, user and other person. Information security mode is set: for information classified as a state secret by the competent authorities under the Official Secrets Act; confidential documented information by the owner of information resources or authorized person under this Federal Law; with regard to personal data-federal law. 2. Public authorities and organizations responsible for the development and use of information resources to be protected, as well as bodies and organizations that develop and use information systems and information technologies for the The Russian Federation's legislation guides the development and use of information resources with limited access. 3. Monitoring of compliance with the requirements for the protection of information and the operation of special software and protection software, as well as the provision of organizational security measures for information systems that handle information with limited access Non-State actors are exercised by the public authorities. The control is carried out in the manner determined by the Government of the Russian Federation. 4. Organizations that handle information with limited access, which is the property of the State, create special services that protect information. 5. The owner of an information resource or an authorized person has the right to monitor the implementation of the information security requirements and to prohibit or suspend the processing of information in the event of failure to comply with these requirements. 6. The owner or owner of the documented information is entitled to contact the State authorities to assess the correctness of the standards and requirements for the protection of its information in the information systems. The relevant authorities shall be determined by the Government of the Russian Federation. These authorities shall respect the confidentiality of the information and the results of the verification. Article 22. Rights and Responsibilities of Actors in the Scope Information Security 1. The owner of documents, an array of documents, information systems or authorized persons in accordance with this Federal Act establish the procedure for providing information to the user, specifying the place, time and place of responsibility. People, as well as procedures and procedures, ensure that users have access to information. 2. The owner of documents, an array of documents, information systems provides the level of protection of information in accordance with the legislation of the Russian Federation. 3. The risk associated with the use of uncertified information systems and the means to support them rests with the owner (owner) of these systems and means. The risk associated with using information from a non-certified system is at the information consumer. 4. The owner of documents, an array of documents, and information systems can apply to organizations that certify the protection of information systems and information resources, to analyze the adequacy of the protection of its resources, and systems and consultations. 5. Document owner, document array, information systems must notify the owner of information resources and/or information systems about all facts of violation of the information protection regime. Article 23. Protection of the rights of subjects in the sphere of information processes and information 1. The protection of the rights of entities in the field of information resource development, the use of information resources, the development, production and use of information systems, technologies and means of support are being implemented to prevent Violations of the law, the prevention of illegal acts, the restoration of violated rights and the payment of damages. 2. The protection of the rights of the subjects in this sphere is carried out by the court, the arbitral tribunal, the arbitral tribunal, taking into account the specific nature of the offences and the harm suffered. 3. For the offence of working with documented information, the public authorities, organizations and their officials shall be liable in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation. In order to address conflict situations and protect the rights of participants in the development and use of information resources, the creation and use of information systems, technologies and tools, temporary and Permanent tribunals. The Arbitration Court shall consider conflicts and disputes of the parties in accordance with the procedure established by the law on arbitral tribunals. 4. The State authorities are responsible for violations of international norms and rules for the development and use of information resources, the creation and use of information systems, technologies and means of ensuring their security. Organizations and citizens in accordance with the treaties they have concluded with foreign firms and other partners, taking into account the international treaties ratified by the Russian Federation. Article 24. Protection of the right to access information 1. The denial of access to public information or the provision of false information to users may be subject to judicial review. Non-performance or improper performance of obligations under the contract of supply, sale, other forms of exchange of information resources between organizations shall be considered by the arbitral tribunal. In all cases, persons who have been denied access to information and those who have received false information are entitled to compensation for the damage they have suffered. 2. The court reviews disputes over the unjustified categorization of information with limited access, claims for damages in cases of unjustified denial of information to users or other violations of rights users. 3. Heads, other government officials, organizations found guilty of illegal restriction of access to information and violation of the information security regime are liable under criminal, civil and civil law. Legislation on administrative offences. Article 25. Entry into force of this Federal Law 1. This law shall enter into force on the date of its official publication. 2. Invite the President of the Russian Federation to bring his legal acts into conformity with this Federal Law. 3. To instruct the Government of the Russian Federation: bring its legal acts into line with this Federal Law; to prepare and submit to the State Duma within three months, in due course OF THE PRESIDENT OF THE RUSSIAN FEDERATION President of the Russian Federation B. Yeltsin Moscow, Kremlin 20 February 1995 N 24-FZ