Fundamental among Russian laws dealing with issues information security, should be considered the law “On Information, Information Technologies and Information Protection” dated July 27, 2006, number 149-FZ (adopted by the State Duma on July 8, 2006). It provides basic definitions, outlines the directions in which legislation in this area should develop, and regulates the relations that arise when:
exercising the right to search, receive, transmit, produce and disseminate information;
application information technologies;
ensuring information security.
Let us quote the main definitions:
information- information (messages, data) regardless of the form of their presentation;
information Technology- processes, methods of searching, collecting, storing, processing, providing, distributing information and methods of implementing such processes and methods;
Information system- the totality of information contained in databases and information technologies and technical means that ensure its processing;
information and telecommunications network- a technological system designed to transmit information via communication lines, access to which is carried out using computer technology;
owner of information- a person who independently created information or received, on the basis of a law or agreement, the right to permit or restrict access to information determined by any criteria;
access to the information- the ability to obtain information and use it;
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;
provision of information- actions aimed at obtaining information by a certain circle of persons or transmitting information to a certain circle of persons;
Spread of information- actions aimed at obtaining information by an indefinite circle of persons or transmitting information to an indefinite circle of persons;
electronic message- information transmitted or received by the user of the information and telecommunication network;
documented information- information recorded on a tangible medium by documenting with details that make it possible to determine such information or as established by law Russian Federation cases its material carrier;
information system operator- a citizen or legal entity carrying out activities related to the operation of an information system, including information processing contained in its databases.
We will, of course, not discuss the quality of data in the Law of Definitions. Let us only pay attention to the unconventional definition of information confidentiality, which equates confidentiality with non-disclosure.
Article 3 of the Law formulates the principles of legal regulation of relations in the field of information, information technology and information protection:
freedom to search, receive, transmit, produce and disseminate information by any legal means;
establishing restrictions on access to information only by federal laws;
openness of information about the activities of state bodies and local governments and free access to such information, except in cases established by federal laws;
equality of rights for the languages of the peoples of the Russian Federation in the creation of information systems and their operation;
ensuring the security of the Russian Federation during the creation of information systems, their operation and the protection of the information contained in them;
reliability of information and timeliness of its provision;
inviolability of private life, inadmissibility of collecting, storing, using and disseminating information about a person’s private life without his consent;
the inadmissibility of establishing by regulatory legal acts any advantages of using some information technologies over others, unless the mandatory use of certain information technologies for the creation and operation of state information systems is established by federal laws.
Let us note that these principles explicitly include the integrity (reliability) and availability (timeliness of provision) of information.
Article 9 of the Law contains the following provisions:
Restrictions on access to information are established by federal laws in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.
It is mandatory to maintain the confidentiality of information, access to which is limited by federal laws.
Protection of information constituting a state secret is carried out in accordance with the legislation of the Russian Federation on state secrets.
Federal laws establish the conditions for classifying information as information constituting a trade secret, official secret and other secret, the obligation to maintain the confidentiality of such information, as well as responsibility for its disclosure.
Note that this article focuses on information confidentiality.
Article 11 “Documentation of information” contains the following important provisions:
3 . An electronic message signed with an electronic digital signature or another analogue of a handwritten signature is recognized as an electronic document equivalent to a document signed with a handwritten signature in cases where federal laws or other regulatory legal acts do not establish or imply a requirement for the preparation of such a document on paper.
4 . For the purpose of concluding civil contracts or formalizing other legal relations involving persons exchanging electronic messages, exchange of electronic messages, each of which is signed with an electronic digital signature or other analogue of the handwritten signature of the sender of such a message, in the manner established by federal laws, other regulations legal acts or agreement of the parties is considered as an exchange of documents.
Article 16 is entirely devoted to information protection issues. Let's quote it in full.
ensuring the protection of information from unauthorized access, destruction, modification, blocking, copying, provision, distribution, as well as from other unlawful actions in relation to such information;
maintaining the confidentiality of restricted information;
implementation of the right to access information.
prevention of unauthorized access to information and (or) transfer of it to persons who do not have the right to access information;
timely detection of facts of unauthorized access to information;
preventing the possibility of adverse consequences of violating the order of access to information;
preventing influence on technical means of information processing, as a result of which their functioning is disrupted;
the ability to immediately restore information modified or destroyed due to unauthorized access to it;
constant monitoring of ensuring the level of information security.
Information protection is the adoption of legal, organizational and technical measures aimed at:
State regulation of relations in the field of information protection is carried out by establishing requirements for the protection of information, as well as liability for violation of the legislation of the Russian Federation on information, information technologies and information protection.
Requirements for the protection of publicly available information may be established only to achieve the goals specified in paragraphs 1 and 3 of part 1 of this article.
The owner of information, the operator of the information system in cases established by the legislation of the Russian Federation, are obliged to ensure:
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 limits of their authority. When creating and operating state information systems, the methods and methods used to protect information must comply with the specified requirements.
Federal laws may establish restrictions on the use of certain information security tools and the implementation of certain types of activities in the field of information security.
The cited article of the Law includes all three main aspects of information security: availability, integrity and confidentiality. In addition, it is mandatory to monitor security violations and constantly monitor the level of information security.
Measures such as accreditation, certification and licensing are not explicitly mentioned, but in paragraphs 5 and 6 they are, of course, implied.
These are, in our opinion, the most important provisions of the Law “On Information, Information Technologies and Information Protection”. The next page will discuss other laws of the Russian Federation in the field of information security.
Informatization is affecting more and more areas of the economy and public life. For the comprehensive regulation of legal relations arising regarding data (information) in any form, Law No. 149-FZ of July 27, 2006 was adopted.
List of laws of the Russian Federation on information security and technology
The scope of data storage and exchange is regulated by several federal laws:
- No. 2124-1 dated December 27, 1991 “On the media”;
- No. 5485-I of July 21, 1993 “On State Secrets” (concerns restricting access to information in order to ensure the security of the work of state institutions);
- No. 98-FZ of July 29, 2004 “On Trade Secrets” (regulates relations related to restricting access to certain data of legal entities);
- No. 152-FZ of July 27, 2006 “On personal data.”
Summary of Federal Law 149
The law in question contains a number of provisions:
- list of basic concepts;
- a list of fundamental norms that the state must adhere to when regulating the information sphere;
- definition of information from a legal point of view;
- description of the right to access information and the grounds for its restriction;
- description of methods for disseminating information through various communication channels;
- establishing the status of a news aggregator, organizer of information dissemination on the Internet, operator search engine, owner of a service with audio and video content;
- the procedure for regulating the scope of data exchange at the state level;
- description of information systems and the mode of their use;
- order of conduct unified register domain names;
- grounds for restricting access to certain information and sites;
- liability measures;
- the procedure for the entry into force of a normative act.
Article 1
- implementation of the right of citizens and organizations to produce data, transfer, search, store;
- data protection;
- use of technology in information sphere.
Article 2
The article provides definitions for terms often used in the document. So information is defined as any data, information and messages presented in any form. In the text you can find a description of a site on the Internet, an electronic message, a search engine and other phenomena.
Article 3
This article approves the basic principles of legal regulation of the procedure for handling information:
- freedom to search and disseminate information in any not prohibited way;
- termination of access to certain information is possible only within the framework of legal acts of the Russian Federation;
- information about government work authorities should be freely available if the information does not relate to the state. secrets;
- data must be reliable and provided to individuals in a timely manner;
- collection of information about private life, its storage and distribution is permissible only with the consent of the citizen;
- It is unacceptable to give priority to certain technologies at the level of legal acts if the obligation to use a certain technology is not established by law of the Russian Federation;
- during the functioning of information systems, state security must be ensured;
- data is created equally in all languages used by the peoples of the Russian Federation.
Article 4
Legislation in the field of information circulation, its protection and information technology consists of:
- Constitution of the Russian Federation;
- international agreements;
- FZ-149;
other laws of the Russian Federation.
Article 5
Information can be of several types:
- provided on the basis of the law (for example, on the work of a government agency);
- transferred by agreement between persons;
- freely distributed;
data whose use is limited.
Article 6
The text regulates the status of the information owner. It can be a citizen, any organization, government body. The owner of the information can:
- transfer data under a contract or otherwise;
- terminate or allow access to information of certain individuals;
- use the information at your own discretion.
The owner is obliged:
- protect data;
- restrict access to information that cannot be freely disseminated in accordance with the law;
- refrain from violating the rights of third parties.
Article 7
This article of the 149th Federal Law describes the procedure for working with publicly available information. This includes data whose distribution is not limited. For example, generally known information.
Article 8
Rules have been established regulating the right of access to information. It can be briefly described as follows: citizens and representatives of organizations can use any sources to obtain the necessary data.
State bodies are obliged to respond to requests from individuals if the request concerns the rights or obligations of the applicant.
As part of the implementation of the principle of openness of information, the dissemination of information cannot be limited:
- about the state of the environment;
- texts of legal acts regulating the powers of government agencies, the rights and obligations of legal entities. persons and citizens;
- information about the work of government agencies;
- information stored in archives, museums, libraries;
- other information.
State institutions are obliged to respond to requests from citizens and organizations that relate to the rights and obligations of applicants, indicating the necessary information.
Article 9
This section of the Federal Law establishes a general procedure for terminating access to certain information. Confidential information may concern government. secrets, private life of citizens, official or professional secrets, etc. People who have access to restricted data cannot transfer it to third parties.
Article 10
Some features of data distribution are regulated here. If information is disseminated via the Internet, but not the media, information about the owner of the site should be available to the user.
Art. eleven
In some cases, information is subject to documentation in accordance with the law. For example, the work of government departments is carried out in accordance with the rules of office work.
The article establishes basic standards for working with messages signed with a digital signature.
Art. 12
The directions of government activity in the area of application of law number 149-FZ are described here:
- regulation of relations arising in connection with the creation and exchange of information;
- protection of minors from unwanted data;
- creating favorable conditions for the development of telecommunications networks;
- development of information systems.
Art. 13
The provisions of this part of the law concern the creation and operation of information systems. They can be federal, regional, municipal and others.
Systems are created on the basis of a separate regulatory document that regulates the procedure for using data, the purpose of the system, the circle of persons who have access to it and other issues.
Art. 14
The article reveals the basics of the operation of government information systems. Such resources are created to support the work of government agencies.
Art. 15
The article approves the general rules for the operation of information networks on the territory of the Russian Federation.
The text provides a rule that allows for mandatory identification of users if such a rule is introduced at the level of federal legislation.
Art. 16
The article reveals the concept of information security. The measures taken should:
- ensure free access to all persons who have the right to use information;
- promote compliance with a special regime for the use of information, if established;
- prevent the misuse of data, its modification, deletion, and other illegal actions.
Information holders must:
- timely receive information about illegal access to information and stop it;
- take steps to prevent illegal actions in relation to information;
- store personal data of individuals of the Russian Federation only on the territory of the country;
- control the level of protection of information important to them;
- provide for the possibility of complete recovery of data if it is unlawfully deleted or modified.
Art. 17
The article approves penalties for violating rules in the field of information circulation.
Employees who use restricted information may be subject to disciplinary action for disclosing information.
Damage can be compensated through the court under civil liability.
In some cases, an administrative penalty may be imposed. For example, if a municipal media refuses to participate in informing people about the upcoming elections, then the organization will be held accountable under Article 13.17 of the Code of Administrative Offenses of the Russian Federation.
Art. 18
List of regulatory documents that cease to be valid after the adoption of Federal Law-149.
Law on Dissemination of Information on the Internet
The Russian Federation has not adopted a separate legal act that would regulate data exchange on the Internet.
These legal relations are regulated by the provisions of Articles 10.1-10.5 of Federal Law No. 149.
Changes and amendments to the law
Federal Law-149 has been amended several times. Most often, new articles were added to the document that dealt with the handling of a certain amount of data.
For example, since September 2015, personal data of citizens must be located on media in the territory of the Russian Federation.
In the latest edition, effective from June 30, 2018, Article 14.1 was added.
The amendments concern the creation and operation of a system for identifying citizens based on their biometric data.
Article 8. Right of access to information
1. Citizens (individuals) and organizations (legal entities) (hereinafter referred to as organizations) have the right to search and receive any information in any forms and from any sources, subject to compliance with the requirements established by this Federal Law and other federal laws.
2. Citizen ( individual) has the right to receive from state bodies, local government bodies, their officials in the manner 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 and 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 when this organization carries out its statutory activities.
4. Access to:
1) normative legal acts affecting the rights, freedoms and responsibilities of man and citizen, as well as establishing legal status organizations and powers of state bodies, local governments;
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 budget funds (except for information constituting state or official secrets);
4) information accumulated in open collections of libraries, museums, as well as in state, municipal and other information systems created or intended to provide citizens (individuals) and organizations with such information;
4.1) information contained in archival documents of archival funds (with the exception of information and documents, access to which is limited by the legislation of the Russian Federation);
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 using 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 constituent entities of the Russian Federation and regulatory legal acts of local governments. A person wishing to gain access to such information is not required to justify 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 to information can be appealed to a higher body or higher official or to the court.
7. If, as a result of an unlawful refusal of access to information, its untimely provision, or the provision of information that is knowingly 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 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 established by law.
9. Establishing a fee for the provision by a state body or local government body of information about its activities is possible only in cases and under the conditions established by federal laws.
Restricted information is defined two signs.
1.Access is limited by law.
2. The purpose of the restriction is to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.
To build an information system 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 of national importance (including state secrets);
2) commercial interest- the interest of business entities in limiting access to information in order to gain advantages in competition;
3) protection of personal rights- privacy and related professional secrets, as well as non-property rights not related to property.
Signs of information security:
1) only documented information is subject to protection;
2) the information must comply with the restrictions established by law;
3) information protection is established by law.
Types of restricted access mode:
1) confidential information modes (confidential information- documented information, access to which is limited in accordance with the legislation of the Russian Federation: commercial, official, professional secrets and secrets of personal life):
a) trade secret.
trade secret- this 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 measures to protect its confidentiality.
b) bank secrecy.
Banking secrecy- this is information about accounts and deposits, its owner, account number and other details, the amount of funds in 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 Information- This is information that allows you to identify a citizen. This category is a component of information about citizens. How to access 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 are divided into two categories:
a) State secret-state secrets, the disclosure or loss of which could entail grave consequences for the national security of the country, as well as create a threat to the safety of citizens or their constitutional rights and freedoms. 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 could cause significant harm to the national security of the country, as well as the constitutional rights and freedoms of citizens.
Information received by citizens (individuals) in the performance of their professional duties or organizations in the implementation of certain types of activities ( professional 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 decision. The period for fulfilling obligations to maintain the confidentiality of information constituting a professional secret can 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 seeking medical help, the citizen’s state of health, the diagnosis of his illness, other information obtained during his examination and treatment, information about the presence of a mental disorder in the citizen, the facts of seeking psychiatric help and treatment in an institution providing such assistance, and also 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 during its provision.”
2. The Mystery of Adoption - 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 during the implementation of professional activity. - Art. 16 Fundamentals of the legislation of the Russian Federation on notaries.
4. Editorial secret - the editors do not have the right to disclose in disseminated messages and materials information provided by a citizen under the condition of keeping them secret. The editors are obliged to keep the source of information secret and do not have the right to name the person who provided the information under the condition of non-disclosure of his name, except for the case when the corresponding requirement was received from the court in connection with a case pending before it. The editors do not have the right to disclose in 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 one, 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. The secret of credit history - information that characterizes the borrower’s fulfillment of its obligations under loan (credit) agreements and is stored in the bureau credit histories. - Art. 7 Federal Law “On Credit Histories”.
6. Attorney-client privilege - 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 turning to a lawyer for legal assistance is a lawyer's secret - Art. 8 Federal Law “On advocacy and advocacy in the Russian Federation.”
7. Secrecy of jury deliberations - jurors cannot disclose judgments that took place during the deliberation - part 4 of article 341 of the Criminal Procedure Code 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 Criminal Procedure Code of the Russian Federation.
9. Secrecy of legal proceedings – applies in cases of closed court proceedings. According to the decision of the judge considering the case, the meeting 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 Art. 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 the 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 of 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 production, scientific, organizational and managerial potential of the country, in resolving the issue of Russia’s inclusion in global community. The scope of the Law covers relations arising in the exercise of the right to search, receive, transmit, produce and disseminate information, use information technology, and ensure the protection of information (Article 1).
According to the Law “On Information, Information Technologies and Information Protection” (Article 3), the legal regulation of relations in this area is based on the following principles:
freedom to search, receive, transmit, produce and disseminate information by any legal means;
establishing restrictions on access to information only by federal laws;
openness of information about the activities of state bodies and local governments;
equality of rights for the languages of the peoples of the Russian Federation in the creation of information systems;
reliability of information and timeliness of its provision;
privacy;
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 disseminated;
information provided by agreement of persons participating in the relevant relationship;
information that, in accordance with federal laws, is subject to provision or distribution;
information the distribution of which is restricted or prohibited in the Russian Federation.
According to the Law, the owner of information can be a citizen (individual), legal entity, the Russian Federation, a subject of the Russian Federation, a municipal entity (Article 6). The owner of information is obliged to respect the rights and legitimate interests of other persons, take measures to protect information, and limit access to information if such an obligation is established by federal laws.
The law defines the procedure for state regulation in the field of application of information technology (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 ( Art. 17).
From 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 were declared invalid (Article 18).
Law of the Russian Federation "About security" adopted March 5, 1992 (as amended December 25, 1992). The law is basic in the field of protecting the vital interests of the state. It legally establishes 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 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 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. Let us list and briefly describe the most important of them.
Law of the Russian Federation " About the media" accepted December 27, 1991 (as amended March 2, 1998). In Art. 1 of the law states that freedom of the media in the Russian Federation is not subject to restrictions, except for cases provided for by the legislation on the media. The search, receipt, production and dissemination of mass information, the establishment of mass media, their ownership, use and disposal, production, acquisition, storage and operation are also not subject to restrictions. technical devices and equipment, raw materials and supplies intended for the production and distribution of media products.
The law directly states that censorship of mass information, as well as the creation and financing of organizations, institutions, bodies or positions whose tasks or functions include censorship of mass information, is not permitted. In Art. 4 of the Law states the inadmissibility of misuse of the media for the purpose of committing criminal offenses:
disclosure of information constituting a state or other secret specially protected by law;
calls for the seizure of power, forcible change of the constitutional system and the integrity of the state;
inciting national, class, social, religious intolerance or hatred, propaganda of war;
distribution of programs promoting pornography, the cult of violence and cruelty.
In the same article prohibited use 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, influencing people's subconscious and (or) have a harmful effect on their health.
Federal Law has a certain relationship to the field of information security “On state support of the media and book publishing in the Russian Federation”, adopted on December 1, 1995. This law regulates the procedure for state support for the media and book publishing, the 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, regulates relations arising in connection with the classification of information as state secrets, their declassification and protection in the interests of ensuring the security of Russia. The provisions of the law reflect practical activities to protect information constituting state secrets. The law maintains 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 the individual, society and the state, its adaptation to ongoing changes in the management system in the economic, political, military and other spheres of society, creating 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 government bodies, telecom operators, individual officials, as well as communications users participate. The law establishes the legal basis for activities in the field of communications carried out under the jurisdiction of the Russian Federation (federal communications), defines the powers of government authorities to regulate these activities, as well as the rights and obligations of individuals and legal entities participating in these activities or using communications services. A separate chapter of the Law is devoted to the regulation of relations in the field of communication management, regulation of the use of the radio frequency spectrum and orbital positions of communication satellites, management of communication networks during emergency situations and in times of emergency. The law defines that federal communications include all networks and structures of electrical and postal service on the territory of the Russian Federation (with the exception of intra-production and technological communication networks).
Law " On the federal bodies of government communications and information" adopted on February 19, 1993. The law, in particular, defines the responsibilities of the state in the field of formation of information resources, their use and protection. In Art. 3 of the Law states that state 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 public 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;
creating conditions for high-quality and effective information support for citizens, government bodies, local governments, organizations and public associations based on state information resources;
ensuring national security in the field of informatization, as well as ensuring the implementation of the rights of citizens and organizations in the conditions 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 organs federal service security of the Russian Federation", adopted on April 10, 1995, and the Law " About foreign intelligence" dated January 10, 1996, in terms of obtaining, processing intelligence information and protecting state secrets, have much in common.
To achieve the goals of intelligence activities and obtain special information, 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 that restrict 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 (FAGSI), 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 Federal Courier Communications” the rights and responsibilities of the relevant services in the field of collecting, receiving, guarding, protecting and delivering information are determined.
The legal consolidation of information relations arising in the sphere of activity of 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 the information sphere. Thus, it is obliged to “receive 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 Police provides the right to “receive from citizens and officials the necessary explanations, information, certificates, documents and copies thereof” (clause 4), as well as “to carry out registration, photography, sound recording, filming and video recording, fingerprinting of persons, prisoners 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 departments of internal affairs bodies, as well as with organizations and services of other law enforcement agencies, including foreign ones.
the federal law “On operational investigative activities” adopted on August 12, 1995. In accordance with the Law, the operational units of the internal affairs bodies received ample opportunities to collect information “about 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, to obtain the necessary information, “we use Information Systems, video and audio recordings, filming and photography, as well as other technical and other means that do not harm the life and health of people and do not harm the environment.”
The Federal Law “On Operational Investigative Activities” allows restrictions on the constitutional rights of citizens during 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, is 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 merit of the work, as well as the method of its expression. 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 participates establishes rules other than those contained in the Law, then the rules apply international treaty. The main concepts of the Law include, among others, the concepts of a computer program and database, recording a program in the 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 fundamentals of public service” adopted on July 31, 1995. The Law defines the rights, obligations and restrictions imposed on civil servants, including in the field information exchange. Yes, Art. 11 of the Law prohibits civil servants from using information support tools and official information for non-official purposes.
IN Civil Code of the Russian Federation(Part 1 and Part 2) information is considered as an object of civil law along with intellectual property and property (Article 128). The Code also defines information that constitutes 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 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 areas of jurisdiction into the most important components 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 approaches to some problems of criminal law that are fundamentally new for domestic legislation. Certain norms are being used for the first time in Russian law enforcement practice. 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 classified in the Criminal Code as crimes against the constitutional rights and freedoms of man and citizen that are of an informational nature:
violation of confidentiality of correspondence, telephone conversations, postal, telegraph or other messages from citizens (Article 138, Part 1);
illegal production, sale or acquisition for the purpose of selling special technical means, intended for secretly obtaining information (p. 138, part 3);
provision of incomplete or deliberately false information to a citizen by an official if this causes 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 of co-authorship (Article 147, Part 2);
collecting information constituting commercial or bank secrets by stealing documents, bribery or threats, as well as in other illegal ways (Article 183, Part 1);
illegal disclosure or use of information constituting a commercial or banking secret without the consent of its 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 favorable environment and reliable information about her 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 have the right to objective information about the radiation situation and safety measures taken from those organizations that carry out activities using sources of ionizing radiation. In addition, according to Art. 6 of the Law, constituent entities of the Russian Federation are authorized to inform citizens about the radiation situation in the relevant territory.
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