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Expired-the Federal law dated 27.07.2006 N 149-FZ of the RUSSIAN FEDERATION FEDERAL LAW on information, informatization and protection of information passed by the State Duma of the year January 25, 1995 (text as amended by the Federal law dated 01/10/2003 N 15-FZ), CHAPTER 1. GENERAL PROVISIONS Article 1. The scope of this federal law 1. This federal law regulates relations arising when: the formation and use of information resources based on the creation, collection, processing, accumulation, storage, retrieval, dissemination and provision of documentary information to the consumer;
creating and using information technologies and facilities;
protect the information rights of subjects participating in information and information processes.
2. this federal law shall not affect the relations regulated by the law of the Russian Federation "on copyright and related rights".
Article 2. The terms used in the present Federal law, their definitions in the present Federal law uses the following concepts: information-information about people, things, facts, events, phenomena and processes regardless of the form of their submission;
informatization-organizing socio-economic and scientific-technical process of creating optimum conditions to meet the information needs and rights of citizens, public authorities, local governments, organizations, public associations, on the basis of the formation and use of information resources;
documented information (document)-recorded on a tangible medium information with the details allow her to identify;
informational processes-processes for gathering, processing, accumulation, storage, retrieval and dissemination of information;
organizational information system-an ordered set of documents (arrays) and information technologies, including the use of computing and communications, implementing information processes;
information resources-individual documents and document individual arrays, and arrays of documents documents in information systems (libraries, archives, collections, databases and other information systems);
citizens information (personal data)-information about facts, events and circumstances, the life of a citizen, allowing to identify its identity;
confidential information-documented information, access to which is limited in accordance with the legislation of the Russian Federation;
means of providing automated information systems and their technologies and software, technical, linguistic, legal, organisational (programs for computers; computing and communications tools; dictionaries, thesauri and glossaries; instructions and techniques; regulations, statutes, instructions; schemes and their descriptions, other operational and accompanying documentation) used or created when designing information systems and providing for their use;
the owner of information resources, information systems, technologies and facilities subject to fully implementing powers in respect of the ownership, enjoyment, disposition of specified objects;
the owner of information resources, information systems, technologies and facilities-the entity performing the possession and use of the specified objects and implements the powers of orders within the limits established by the law;
user (consumer) entity that accesses the information system or intermediary for obtaining required information and using it.
Article 3. The duties of the State in the sphere of formation of information resources and information 1. State policy in the sphere of formation of information resources and information aimed at creating conditions for effective and quality information management solutions to strategic and operational objectives of social and economic development of the Russian Federation.
2. The main directions of the State policy in the sphere of informatization are: provision of conditions for the promotion 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 interoperability in a single information space of the Russian Federation;
create conditions for qualitative and effective information support for citizens, public authorities, local self-government bodies, organizations and public associations on the basis of State information resources;
national security in the field of information, as well as ensuring the realization of the rights of citizens and organizations in terms of informatization;
fostering market of information resources, services, information systems, technology, and facilities;
formation and implementation of a uniform scientific-technical and industrial policy in the field of information, taking into account modern world-class information technology development;
support of projects and programs of informatization;
the establishment and perfection of the system of investment and incentive mechanism designing and realization of projects of informatization;
development of legislation in the sphere of information processes, informatization and information protection.
CHAPTER 2. Article 4 INFORMATION RESOURCES. The basis of the legal regime of information resources 1. Information resources are objects of the relations of individuals, legal persons, States, constitute information resources of Russia and protected by law along with other resources.
2. Legal regime of information resources is determined by the norms establishing: documenting information;
ownership of the individual documents and document individual arrays, and arrays of documents documents in information systems;
category of information on the level of access;
order remedies information.
Article 5. Documenting information 1. Document the information is a requirement for inclusion of information in information resources. Documenting information is carried out in accordance with the procedure set out by the public authorities responsible for organizing the paperwork, the standardization of documents and their arrays, the security of the Russian Federation.
2. a document obtained from the automated information system, acquires legal effect after its signing, the officer in the manner prescribed by the legislation of the Russian Federation.
3. legal validity of the document is stored, processed and transmitted through the automated information and communications systems, may be confirmed by the electronic digital signature.
The legal validity of an electronic digital signature is recognized if the automated information system of program-technical means of ensuring the identity of the signature, and the observance of the established regime of their use.
4. (deleted in accordance with Federal Act from 01/10/2003 N 15-FZ), Article 6. Information resources as an element of the whole property and object ownership 1. Information resources can be State and non-State and as an item on the composition of the property owned by citizens, public authorities, local self-government bodies, organizations and public associations. Attitudes about ownership of information resources are regulated by the civil legislation of the Russian Federation.
2. Natural and legal persons are the owners of those documents, documents that are arrays created by their funds, purchased them legally, received as a donation or inheritance.
3. the Russian Federation and constituent entities of the Russian Federation are the owners of information resources created, acquired, accruing at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, and also obtained by other methods prescribed by the law.
The State has the right to repurchase of documented information from individuals and legal entities in the case of referring this information to State secrets.
Owner information resources that contain information classified as State secret, shall have the right to dispose of this property only with the permission of the relevant State bodies.
4. Actors representing necessarily documented information to public authorities and organisations do not lose their rights to these documents and to use the information contained in them. Documented information provided compulsorily in the bodies of State power and the Organization of legal persons irrespective of their organizational-legal form and form of ownership, and citizens on the basis of article 8 of this federal law, forms, information resources shared by States and entities representing this information.
5. the information resources are the property of the organizations included in the composition of their property in accordance with the civil legislation of the Russian Federation.
Information resources are owned by the State, are the responsibility of the public authorities and organizations in accordance with their jurisdiction, subject to accounting and protection of State property.
6. information resources can be a commodity, except for the cases stipulated by the legislation of the Russian Federation.
7. ownership of information resources is entitled to all the rights provided for by the legislation of the Russian Federation, including that he has the right: to appoint the person engaged in economic management or operative information resources management;
set within the limits of its competence, mode and processing rules, protection of information resources and access to them;
determine the conditions of the disposition of documents when their copying and distribution.
8. the right of ownership of the means of information processing does not create a right of ownership to information resources belonging to other owners. Documents processed in order to provide services or these tools work together to handle belong to their owner. Membership and mode of derivative products created in this case are governed by the contract.
Article 7. State information resources 1. Public information resources of the Russian Federation formed in accordance with the areas of reference as: Federal information resources;
information resources shared by the Russian Federation and constituent entities of the Russian Federation (hereinafter referred to as the common management of information resources);
information resources of the constituent entities of the Russian Federation.
2. formation of State information resources, in accordance with paragraph 1 of article 8 of this federal law shall be carried out by citizens, public authorities, local self-government bodies, organizations and public associations.
The federal bodies of State power, bodies of State power 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. activities of public authorities and organizations to shape Federal information resources information resources sharing of reference information resources of constituent entities of the Russian Federation shall be financed from the federal budget and the budgets of the constituent entities of the Russian Federation under "Informatics" ("information security").
4. (deleted in accordance with Federal Act from 01/10/2003 N 15-FZ) Article 8. Obligation to provide documented information for formation of State information resources 1. Citizens, State authorities, local governments, organizations and public associations must submit documented information to bodies and organizations responsible for the creation and use of State information resources.
The lists provided in compulsory documented information and lists of authorities and bodies responsible for the collection and processing of federal information resources, approved by the Government of the Russian Federation.
2. The procedure and conditions for mandatory submission of documented information communicated to citizens and organizations.
Order the mandatory reporting (obtain) information related to State secret and confidential information shall be established and implemented in accordance with the legislation on these categories of information.
3. When the registration of legal entities registration authorities provide them with lists submitted by mandatory documents and their submission addresses. List of obligatorily provided documented information is annexed to the Charter of each legal entity (status on it).
Failure to ensure that registration authorities registered legal entities list of mandatory documents submitted with the addresses of their presentation is not a ground for refusal of registration. Officials registration authorities responsible for cancellation of registered legal entities the lists submitted to the compulsory documents with their submission addresses are subject to disciplinary penalties up to and including dismissal.
4. Documents belonging to individuals and entities can be included at the request of the owner of the public information resources on rules established for inclusion in documents relevant information systems.
Article 9. Classification of information resources to heritage obshherossijskomu 1. The individual objects of federal information resources can be declared the national treasure.
2. Classification of specific objects of federal information resources to obshherossijskomu national domain and determining their legal regime shall be established by federal law.
Article 10. Information resources on category 1 access. Public information resources of the Russian Federation are open and public. The exception is the documented information, the law related to limited access.
2. Documented information restricted under the terms of its legal regime is divided into information related to State secret and confidential.
3. it is forbidden to restricted access information: legislative and other normative acts establishing the legal status of State authorities, local self-government bodies, organizations, public associations, as well as the rights, freedoms and duties of citizens, the procedure for their implementation;
documents containing information about emergencies, environmental, meteorological, demographic, sanitary and epidemiological and other information necessary for the safe operation of settlements, industrial facilities, the safety of citizens and the general public;
documents containing information on the activities of the organs of State power and bodies of local self-government, on the use of budgetary funds and other State and local resources, on the State of the economy and the needs of the population, except information classified as State secret;
documents accumulated in open funds of libraries and archives, information systems of State authorities, local government bodies, public associations, organizations, public interest or necessary for the realization of the rights, freedoms and responsibilities of citizens.
4. Classification of State secrets information is carried out in accordance with the law of the Russian Federation "on State secrets".
5. classification as confidential information is carried out in the manner prescribed by the legislation of the Russian Federation, except as provided in article 11 hereof.
Article 11. Citizens information (personal data) 1. Lists of personal data included in the composition of federal information resources, information resources, information resources joint competence of constituent entities of the Russian Federation, information resources of local self-government bodies as well as non-governmental organisations and collection must be secured at the level of the Federal law. Personal data belong to the category of confidential information.
Not permitted collection, storage, use and dissemination of information on privacy, as well as information that violates personal secrets, family privacy, confidentiality of correspondence, telephone conversations, postal, Telegraph and other messages of physical persons without his consent, except on the basis of a judicial decision.
2. personal data may not be used for the purpose of causing material and moral damage to citizens, difficulty of the rights and freedoms of citizens of the Russian Federation. Restricting the rights of citizens of the Russian Federation on the basis of the use of information about their social origin, race, nationality, language, religious affiliation is prohibited and shall be punished in accordance with the law.
3. Natural and legal persons, in accordance with its powers owning information about citizens who receive and use its responsibility in accordance with the legislation of the Russian Federation for violation of the regime of protection, processing and use of that information.
4. Illegality of activities of governmental agencies and organizations for the collection of personal data can be installed in a judicial order on-demand actors on the basis of articles 14 and 15 of this federal law and the law on personal data. (Paragraph 4 deleted; para. 5 is considered paragraph 4-the Federal law dated 01/10/2003 N 15-FZ), CHAPTER 3. USE of INFORMATION RESOURCES, article 12. The realization of the right to access information from information resources 1. Users-citizens, public authorities and local self-government bodies, organisations and associations-have equal rights of access to state information resources and do not have to justify to the ownership of these resources need to obtain the requested information. The exception is information with restricted access.
Natural and legal persons access to state information resources underpins public scrutiny over the activities of State authorities, local authorities, public, political and other organizations, as well as the State of the economy, ecology and other fields of public life.
2. owners of information resources provide users (consumers) from the information resources on the basis of legislation, statutes of these bodies and organizations, regulations on them, as well as treaties on information management services.
Information obtained legitimately from governmental informational resources of citizens and organizations, they can be used to create a derived information for commercial distribution with obligatory reference to the source of information.
Source of profit in this case is the result of labour and money invested in creating derivative information but not original information obtained from State resources.
3. The procedure for obtaining user information (place, time, the responsible officials, the necessary procedures) determines the owner or the holder of the information resources in accordance with the provisions of this federal law.
Lists of information and information management services, information about the procedure and conditions for access to the information resources of the owners of information resources and information systems provide users free of charge.
4. Public authorities and organizations responsible for the creation and use of information resources, provide conditions for rapid and complete providing documented information to the user in accordance with the obligations established by the statutes (regulations) of these bodies and organizations.
5. Order accumulation and processing of documentary information with restricted access, the rules for its protection and to access it are defined by the public authorities responsible for certain kind and amounts of information, in accordance with their competence, either directly by its owner in accordance with the law.
Article 13. Assurance of information 1. Bodies of State power and bodies of local self-government are creating information resources available for each of the activities of these bodies and their organizations, as well as within their competence the massive informational supply of users on the rights, freedoms and responsibilities of citizens, their security and other matters of public interest.
2. Denial of access to information resources, referred to in paragraph 1 of this article may be appealed in court.
3. the President of the Russian Federation Committee on informatisation policy organizes registration of all information resources, information systems and publish information about them to ensure the public's right of access to information.
4. List of information services provided for users from governmental informational resources free of charge or for a charge not completely refunding the full amount of the cost of services shall be 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. Access of citizens and entities to information about them 1. Citizens and organizations have the right to have access to documented information about them, to clarify the information to ensure its completeness and accuracy, have a right to know who and for what purposes uses or has used this information. Restricting access of citizens and entities to information about them is permissible only on the grounds provided for by federal laws.
2. the owner of documented information about citizens must provide information free of charge on demand those whom it concerns. Restrictions are possible only in cases stipulated by the legislation of the Russian Federation.
3. Entities providing information about themselves for acquisition of information resources on the basis of articles 7 and 8 hereof, shall have the right to use this information for free.
4. the refusal of the holder of information resources subject to access to information about it can be challenged in the courts.
Article 15. Duties and responsibilities of the holder of information resources 1. Owner information resources must ensure adherence to treatment and the rules for granting the user information, established by the legislation of the Russian Federation or the owner of these information resources, in accordance with the law.
2. the holder of the information resources of legal responsibility for violation of the rules of work with information in the manner prescribed by the legislation of the Russian Federation.
CHAPTER 4. INFORMATIZATION. Information systems, technologies and TOOLS to ENSURE the Article 16. Development and production of information systems, technologies and facilities 1. All kinds of production information systems and networks, technologies and facilities constitute a special branch of economic activity, the development of which is determined by the State scientific-technical and industrial policy information.
2. Governmental and non-governmental organizations, as well as citizens have equal rights to development and production information systems, technologies and tools.
3. the State creates conditions for the conduct of research and experimental-design works in the field of development and production information systems, technologies and tools.
The Government of the Russian Federation defines the priorities for the development of information and establishes the procedure of financing them.
4. The development and operation of federal information systems are financed from the federal budget expenditure "Informatics" ("information security").
5. State statistics authorities, jointly with the Committee the President of the Russian Federation on informatization policies establish rules of accounting and analysis of the status of branches of economic activity, the development of which is determined by the State scientific-technical and industrial policy information.
Article 17. Ownership of information systems, technologies and tools to ensure
1. information systems, technologies and tools they can be objects of property of physical and legal persons, State.
2. The owner of a system of information technology and facilities recognize the natural person or legal entity in which these objects are produced, purchased, or obtained by inheritance, gift or in any other legal way.
3. Information systems, technologies and tools to ensure are included in the assets of the entity carrying out the rights of the proprietor or owner of those objects. Information systems, technologies and tools to ensure the act as goods (products) subject to exclusive rights to their developers.
Owner information systems, technologies and facilities determine the conditions of use of this product.
Article 18. The right of authorship and ownership of the information systems, technologies and tools to ensure the right of authorship and ownership of the information systems, technologies and tools to ensure that may belong to different persons.
Owner information systems, technologies and facilities is obliged to protect the rights of the author in accordance with the legislation of the Russian Federation.
Article 19. Certification of information systems, technology, and facilities (as amended by the Federal law dated 01/10/2003 N 15-FZ dated December 30, 2008) 1. Information systems, databases and databanks for information services to the citizens and organizations shall be subject to certification in accordance with the law of the Russian Federation "on certification of products and services".
2. information systems of State authorities of the Russian Federation and bodies of State power of the constituent entities of the Russian Federation, other public bodies, organizations that handle both paper with limited access, as well as a means of protecting these systems are subject to mandatory certification. Order of certification is determined by the legislation of the Russian Federation.
3. the interests of the consumer information while using imported products in information systems are protected by the Customs authorities of the Russian Federation on the basis of the international certification scheme. (Paragraph 3 deleted; 4 paragraph 3 is considered the point-the Federal law dated 01/10/2003 N 15-FL) CHAPTER 5. DATA PROTECTION and the rights of SUBJECTS in the field of INFORMATION PROCESSES and information Article 20. The protection Objectives protect are: prevention of diversion, theft, loss, corruption, falsification of information;
preventing threats to the security of individuals, society, State;
Prevention of unauthorized actions to destroy, modify, distort, copying, blocking information; preventing other forms of illegal interference with information systems and information resources, providing a legal regime of documented information as an object of property;
protection of the constitutional rights of citizens to preserve privacy and confidentiality of personal data in information systems;
the preservation of State secrets, the confidentiality of documentary information in accordance with the law;
ensuring the rights of subjects in the information processes and in the development, production and application of information systems, technologies and tools.
Article 21. Data protection 1. Protection is subject to any documented information, improper treatment which could harm its owner, owner, user and other person.
Information protection mode is set: in relation to information classified as State secret, by the competent authorities on the basis of the law of the Russian Federation "on State secrets";
with respect to confidential information documented owner of information resources or by an authorized person under this federal law;
in respect of personal data-the Federal law.
2. Public authorities and organizations responsible for the creation and use of information resources to be protected, as well as agencies and organizations, developing and applying information systems and information technology to generate and use information resources with limited access are guided in their activities by the legislation of the Russian Federation.
3. Monitoring of compliance with data protection requirements and the operation of special technical means of protection, as well as ensuring organizational measures for the protection of information systems that process information with restricted access to non-State actors, are carried out by the public authorities. Monitoring is carried out in accordance with the procedure determined by the Government of the Russian Federation.
4. organizations that handle information with restricted access, which is owned by the State, create special services that protect information.
5. the owner of information resources or authorized persons are entitled to monitor compliance with the requirements for information protection and prohibit or suspend the processing of information in the event of failure to comply with these requirements.
Article 22. The rights and responsibilities of the actors in the field of information protection 1. The owner of the documents, an array of documents, information systems or authorized person in accordance with this federal law shall govern the provision of information to the user, indicating the place, time, the responsible officials, as well as the necessary procedures and ensure access to information.
2. The owner of the documents, an array of documents, information systems provides a level of protection of the information in accordance with the legislation of the Russian Federation.
3. The risk associated with using uncertified information systems and facilities rests with the owner (owner) of these systems and tools.
The risk associated with using information obtained from non-certified system, lies with the user information.
4. the owner of the documents an array of documents, information systems can apply to the certification of organizations protection of information systems and information resources, to undertake a review of the adequacy of measures to protect its resources and systems and advice.
5. The owner of the documents, an array of documents, information systems is required to notify the owner of the information resources and (or) information systems on all facts of violations of information security.
Article 23. Protection of the rights of subjects in the field of information processes and information 1. Protection of the rights of subjects in the field of formation of information resources, information resources, development, production and use of information systems, technologies and facilities is carried out in order to prevent offences, deter misconduct, redress and reparation for injury.
2. protection of the rights of actors in this area is carried out by the Court, the arbitral tribunal, the arbitral tribunal, taking into account the specifics of the violations and the harm suffered.
3. For offences when working with documentary information State authorities, organizations and their officials shall bear responsibility in accordance with the legislation of the Russian Federation and constituent entities of the Russian Federation.
For consideration of conflict situations and the protection of the rights of the parties in the sphere of the formation and use of information resources, creation and use of information systems, technologies and facilities can be generated temporary and permanent arbitration courts.
The arbitral tribunal considers the conflicts and disputes between parties in the manner prescribed by the law on arbitration courts.
4. Responsibility for violations of international norms and rules in the area of formation and use of information resources, creation and use of information systems, technologies and facilities lies with the public authorities, organizations and citizens in accordance with the treaties concluded with foreign firms and other partners in the light of international treaties ratified by the Russian Federation.
Article 24. Protection of the right to access to information 1. Denial of access to open information and providing users with inaccurate information may be appealed in the courts.
Non-fulfillment or improper fulfillment of the obligations under the supply agreement of sale, other forms of exchange of information resources between organizations shall be considered by the Arbitration Court.
In all cases, persons who have been denied access to information, and the person who received inaccurate information have the right to compensation for damage suffered.
2. the Court shall consider disputes about fees to inappropriate categories of information with restricted access, claims for damages in cases of unjustified refusal to provide information to users or other violations of the rights of users.
3. Directors, other employees of State authorities, organizations, perpetrators of illegal restrictions on the access to information and information security breaches are liable under criminal, civil legislation and legislation on administrative offences.
Article 25. The entry into force of this federal law 1. This federal law shall enter into force on the day of its official publication.
2. invite the President of the Russian Federation to bring into compliance with this federal law issued by the legal acts.
3. To entrust the Government of the Russian Federation:
brought into line with the present Federal law issued by the legal acts;
prepare and bring to the State Duma within three months in accordance with the established procedure proposals for amendments and additions to legislation of the Russian Federation in connection with the adoption of this federal law;
adopt regulations to ensure the implementation of this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 24 February 20, 1995-FZ
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