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149 federal law. Information and Information Security Law. About information, information technologies

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT INFORMATION, INFORMATION TECHNOLOGIES

AND ABOUT THE PROTECTION OF INFORMATION

The State Duma

Federation Council

(as amended by Federal Laws of 27.07.2010 N 227-FZ,

from 06.04.2011 N 65-FZ, from 21.07.2011 N 252-FZ,

from 28.07.2012 N 139-FZ, from 05.04.2013 N 50-FZ,

from 07.06.2013 N 112-FZ)

Article 1. Scope of this Federal Law

1. This Federal Law governs relations arising from:

1) exercise of the right to search, receive, transfer, produce and disseminate information;

2) the use of information technology;

3) ensuring the protection of information.

2. The provisions of this Federal Law do not apply to relations arising from the legal protection of the results of intellectual activity and the means of individualization equivalent to them.

Article 2. Basic concepts used in this Federal Law

The following basic concepts are used in this Federal Law:

1) information - information (messages, data), regardless of the form of their presentation;

2) information technology - processes, methods of searching, collecting, storing, processing, providing, disseminating information and ways of implementing such processes and methods;

3) information system - a set of information contained in databases and information technologies and technical means ensuring its processing;

4) information and telecommunication network - a technological system designed to transmit information over communication lines, access to which is carried out using computer technology;

5) owner of information - a person who independently created information or received, on the basis of a law or an agreement, the right to authorize or restrict access to information determined by any signs;

6) access to information - the ability to obtain information and use it;

7) 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;

8) provision of information - actions aimed at obtaining information by a certain circle of persons or transferring information to a certain circle of persons;

9) dissemination of information - actions aimed at obtaining information by an indefinite circle of persons or transferring information to an indefinite circle of persons;

10) electronic message - information transmitted or received by the user of the information and telecommunication network;

11) documented information - information recorded on a material medium by documenting information with requisites that make it possible to determine such information or in accordance with legislation Russian Federation cases, its material carrier;

11.1) electronic document - documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers, as well as for transmission over information and telecommunication networks or processing in information systems;

12) operator information system - a citizen or a legal entity that operates an information system, including processing information contained in its databases;

13) site on the "Internet" - a set of programs for electronic computers and other information contained in the information system, access to which is provided through the information and telecommunication network "Internet" (hereinafter - the "Internet") by domain names and (or ) by network addresses that allow identifying sites on the Internet;

(Clause 13 introduced by Federal Law No. 139-FZ of 28.07.2012, as revised by Federal Law of 07.06.2013 No. 112-FZ)

15) domain name - designation by symbols intended for addressing sites on the Internet in order to provide access to information posted on the Internet;

16) network address - an identifier in the data transmission network that determines the subscriber terminal or other means of communication included in the information system in the provision of telematic communication services;

17) the owner of a site on the Internet - a person who independently and at his own discretion determines the procedure for using the site on the Internet, including the procedure for posting information on such a site;

18) hosting provider - a person providing services for the provision of computing power to place information in an information system permanently connected to the Internet;

19) a unified identification and authentication system - a federal state information system, the use of which is established by the Government of the Russian Federation and which provides, in cases stipulated by the legislation of the Russian Federation, authorized access to information contained in information systems.

(Clause 19 introduced by the Federal Law of 07.06.2013 N 112-FZ)

Article 3. Principles of legal regulation of relations in the field of information, information technology and information protection

Legal regulation relations arising in the field of information, information technology and information protection is based on the following principles:

1) freedom to search, receive, transfer, produce and disseminate information in any legal way;

2) establishment of restrictions on access to information only by federal laws;

3) openness of information on the activities of state bodies and local self-government bodies and free access to such information, except for cases established by federal laws;

4) equality of the languages \u200b\u200bof the peoples of the Russian Federation in the creation of information systems and their operation;

5) ensuring the security of the Russian Federation during the creation of information systems, their operation and protection of the information contained in them;

6) the reliability of information and the timeliness of its provision;

7) inviolability of private life, inadmissibility of collection, storage, use and dissemination of information about the private life of a person without his consent;

8) the inadmissibility of the establishment by regulatory legal acts of 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.

Article 4. Legislation of the Russian Federation on information, information technology and information protection

1. The legislation of the Russian Federation on information, information technology and on the protection of information is based on the Constitution of the Russian Federation, international treaties of the Russian Federation and consists of this Federal Law and other federal laws governing the use of information.

2. The legal regulation of relations related to the organization and activities of the mass media is carried out in accordance with the legislation of the Russian Federation on the mass media.

3. The procedure for storing and using documented information included in the archival funds is established by the legislation on archiving in the Russian Federation.

Article 5. Information as an object of legal relations

1. Information can be the object of public, civil and other legal relations. Information can be freely used by any person and transferred by one person to another person, unless federal laws establish restrictions on access to information or other requirements for the procedure for its provision or dissemination.

2. Information, depending on the category of access to it, is divided into publicly available information, as well as information, access to which is limited by federal laws (information limited access).

3. Information, depending on the procedure for its provision or distribution, is divided into:

1) information freely distributed;

2) information provided by agreement of the persons participating in the relevant relationship;

3) information that, in accordance with federal laws, is subject to provision or distribution;

4) information the dissemination of which in the Russian Federation is restricted or prohibited.

4. The legislation of the Russian Federation may establish the types of information depending on its content or owner.

Article 6. Information holder

1. The owner of information can be a citizen (individual), a legal entity, the Russian Federation, a constituent entity of the Russian Federation, a municipal formation.

2. On behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation, the powers of the owner of information are exercised, respectively, by state bodies and local self-government bodies within the limits of their powers established by the relevant regulatory legal acts.

3. The owner of the information, unless otherwise provided by federal laws, has the right:

1) allow or restrict access to information, determine the procedure and conditions for such access;

2) use the information, including disseminate it, at its own discretion;

3) transfer information to other persons under an agreement or on another basis established by law;

4) protect their rights in the cases established by law in the event of illegal receipt of information or its illegal use by other persons;

5) take other actions with information or authorize the implementation of such actions.

4. The owner of information, when exercising his rights, is obliged:

1) observe the rights and legitimate interests of other persons;

2) take measures to protect information;

3) restrict access to information, if such a duty is established by federal laws.

Article 7. Publicly available information

1. Publicly available information includes generally known information and other information, access to which is not limited.

2. Publicly available information can be used by any person at their discretion, subject to the restrictions established by federal laws in relation to the dissemination of such information.

3. The owner of information that has become publicly available by his decision has the right to require the persons disseminating such information to indicate themselves as a source of such information.

4. Information posted by its owners on the Internet in a format that allows automated processing without prior human changes for the purpose of re-using it is public information posted in the form of open data.

(Part 4 is introduced by the Federal Law of 07.06.2013 N 112-FZ)

5. Information in the form of open data is posted on the Internet in accordance with the requirements of the legislation of the Russian Federation on state secrets. If the posting of information in the form of open data may lead to the dissemination of information constituting a state secret, the posting of this information in the form of open data should be terminated at the request of the body vested with the authority to dispose of such information.

(Part 5 is introduced by Federal Law of 07.06.2013 N 112-FZ)

6. If the placement of information in the form of open data may entail a violation of the rights of the owners of information, access to which is limited in accordance with federal laws, or a violation of the rights of subjects of personal data, the placement of this information in the form of open data should be terminated by decision court. If the posting of information in the form of open data is carried out in violation of the requirements of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data", the posting of information in the form of open data must be suspended or terminated at the request of the authorized body for the protection of the rights of subjects personal data.

(Part 6 is introduced by the Federal Law of 07.06.2013 N 112-FZ)

Article 8. Right to access information

1. Citizens (individuals) and organizations (legal entities) (hereinafter referred to as organizations) have the right to search for and receive any information in any form and from any source, subject to the requirements established by this Federal Law and other federal laws.

2. A citizen (individual) has the right to receive from state bodies, local self-government bodies, their officials in the manner established by the legislation of the Russian Federation, information directly affecting his rights and freedoms.

3. An organization has the right to receive information from state bodies, local self-government bodies that directly relate to the rights and obligations of this organization, as well as information necessary in connection with interaction with these bodies in the implementation of its statutory activities by this organization.

4. Access to:

1) regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing the legal status of organizations and the 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 budgetary funds (with the exception of information constituting a state or official secret);

4) information accumulated in open funds of libraries, museums and archives, as well as in state, municipal and other information systems created or intended to provide citizens (individuals) and organizations with such information;

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 the constituent entities of the Russian Federation and regulatory legal acts of local governments. A person wishing to gain access to such information is not obliged 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 information may be appealed to a higher body or a higher official or to a court.

7. If, as a result of unlawful denial of access to information, untimely provision of it, provision of knowingly inaccurate information or information that does not correspond to the content of the request, losses have been caused, such losses are subject to compensation in accordance with civil law.

8. The information is provided free of charge:

1) on the activities of state bodies and local self-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 specified by law.

9. The establishment of fees for the provision by a state body or a local self-government body of information about its activities is possible only in cases and on conditions established by federal laws.

Article 9. Restriction of access to information

1. Restriction of access to information is established by federal laws in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the country's defense and state security.

2. Compliance with the confidentiality of information, access to which is limited by federal laws, is mandatory.

3. Protection of information constituting a state secret is carried out in accordance with the legislation of the Russian Federation on state secrets.

note.

On the issue concerning the procedure for handling restricted information in federal executive bodies, see Decree of the Government of the Russian Federation of 03.11.1994 N 1233.

4. Federal laws establish the conditions for classifying information as information constituting a commercial secret, official secret and other secrets, the obligation to maintain the confidentiality of such information, as well as responsibility for its disclosure.

5. Information received by citizens (individuals) in the performance of their professional duties or by organizations in the implementation of certain types of activities (professional secrecy) is subject to protection in cases where these persons are obliged by federal laws to maintain the confidentiality of such information.

6. Information constituting a professional secret may be provided to third parties in accordance with federal laws and (or) by a court decision.

7. The term of fulfillment of obligations to maintain the confidentiality of information constituting a professional secret may be limited only with the consent of the citizen ( natural person) who provided such information about himself.

8. It is forbidden 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 federal laws.

9. The procedure for access to personal data of citizens (individuals) is established by the federal law on personal data.

Article 10. Dissemination of information or provision of information

1. In the Russian Federation, the dissemination of information is carried out freely subject to the requirements established by the legislation of the Russian Federation.

2. Information disseminated without the use of mass media must include reliable information about its owner or about another person disseminating information, in a form and in an amount sufficient to identify such a person.

3. When using for the dissemination of information means that allow you to determine the recipients of information, including postal items and electronic messages, the person distributing the information is obliged to provide the recipient of the information with the opportunity to refuse such information.

4. The provision of information is carried out in the manner established by the agreement of the persons participating in the exchange of information.

5. Cases and conditions of mandatory dissemination of information or provision of information, including provision of mandatory copies of documents, are established by federal laws.

6. It is prohibited to disseminate information that is aimed at promoting war, inciting national, racial or religious hatred and enmity, as well as other information for the dissemination of which criminal or administrative liability is provided.

Article 11. Documenting information

1. The legislation of the Russian Federation or agreement of the parties may establish requirements for documenting information.

2. In federal executive bodies, information is documented in accordance with the procedure established by the Government of the Russian Federation. The rules of office work and document flow established by other state bodies, local self-government bodies within their competence, must comply with the requirements established by the Government of the Russian Federation in terms of office work and document flow for federal executive bodies.

3. Abolished. - Federal Law of 06.04.2011 N 65-FZ.

4. In order to conclude civil law contracts or formalize other legal relations in which persons exchanging electronic messages participate, the exchange of electronic messages, each of which is signed electronic signature or another analogue of the handwritten signature of the sender of such a message, in the manner prescribed by federal laws, other regulatory legal acts or agreement of the parties, is considered an exchange of documents.

5. Ownership and other proprietary rights to tangible media containing documented information are established by civil legislation.

Article 12. State regulation in the field of application of information technologies

1. State regulation in the field of information technology application provides for:

1) regulation of relations related to the search, receipt, transfer, production and dissemination of information using information technology (informatization), on the basis of the principles established by this Federal Law;

2) development of information systems for various purposes to provide citizens (individuals), organizations, state bodies and local authorities with information, as well as ensuring the interaction of such systems;

3) creation of conditions for effective use of information and telecommunication networks in the Russian Federation, including the Internet and other similar information and telecommunication networks;

4) provision information security children.

2. State bodies, bodies of local self-government in accordance with their powers:

1) participate in the development and implementation of targeted programs for the use of information technologies;

2) create information systems and provide access to the information contained in them in Russian and the state language of the corresponding republic within the Russian Federation.

Article 13. Information systems

1. Information systems include:

1) state information systems - federal information systems and regional information systems, created on the basis of federal laws, laws of the constituent entities of the Russian Federation, respectively, on the basis of legal acts of state bodies;

2) municipal information systems created on the basis of a decision of a local government body;

3) other information systems.

2. Unless otherwise established by federal laws, the operator of the information system is the owner of the technical means used to process the information contained in the databases, who lawfully uses such databases, or the person with whom this owner has concluded an agreement on the operation of the information system. In cases and in accordance with the procedure established by federal laws, the operator of the information system must ensure the possibility of placing information on the Internet in the form of open data.

3. The rights of the owner of the information contained in the databases of the information system are subject to protection, regardless of copyright and other rights to such databases.

4. The requirements for state information systems established by this Federal Law shall apply to municipal information systems, unless otherwise provided by the legislation of the Russian Federation on local self-government.

5. Features of the operation of state information systems and municipal information systems can be established in accordance with technical regulations, regulatory legal acts of state bodies, regulatory legal acts of local government bodies that make decisions on the creation of such information systems.

6. The procedure for the creation and operation of information systems that are not state information systems or municipal information systems is determined by the operators of such information systems in accordance with the requirements established by this Federal Law or other federal laws.

Article 14. State information systems

1. State information systems are created in order to exercise the powers of state bodies and to ensure the exchange of information between these bodies, as well as for other purposes established by federal laws.

2. State information systems are created taking into account the requirements stipulated by the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."

3. State information systems are created and operated on the basis of statistical and other documented information provided by citizens (individuals), organizations, state bodies, local government bodies.

4. Lists of types of information provided on a mandatory basis are established by federal laws, the conditions for its provision - by the Government of the Russian Federation or the relevant state bodies, unless otherwise provided by federal laws. In the event that, during the creation or operation of state information systems, it is planned to implement or process publicly available information provided for by lists approved in accordance with Article 14 of the Federal Law of February 9, 2009 N 8-FZ "On providing access to information on the activities of state bodies and bodies of local self-government ", state information systems should ensure the placement of such information on the Internet in the form of open data.

(as amended by the Federal Law of 07.06.2013 N 112-FZ)

4.1. The Government of the Russian Federation determines the cases in which access using the Internet to information contained in state information systems is provided exclusively to information users who have passed authorization in the unified identification and authentication system, as well as the procedure for using unified system identification and authentication.

(Part 4.1 is introduced by the Federal Law of 07.06.2013 N 112-FZ)

5. Unless otherwise established by a decision on the creation of a state information system, the functions of its operator are performed by the customer who has entered into a state contract for the creation of such an information system. At the same time, the commissioning of the state information system is carried out in the manner prescribed by the specified customer.

6. The Government of the Russian Federation has the right to establish mandatory requirements for the procedure for putting into operation certain state information systems.

7. Operation of the state information system is not allowed without proper registration of rights to use its components that are objects of intellectual property.

8. Technical means intended for processing information contained in state information systems, including software and hardware means and information security means, must comply with the requirements of the legislation of the Russian Federation on technical regulation.

9. Information contained in state information systems, as well as other information and documents at the disposal of state bodies are state information resources. The information contained in state information systems is official. State bodies determined in accordance with the regulatory legal act regulating the functioning of the state information system are obliged to ensure the reliability and relevance of the information contained in this information system, access to this information in cases and in the manner prescribed by law, as well as the protection of this information from illegal access, destruction, modification, blocking, copying, provision, distribution and other illegal actions.

Article 15. Use of information and telecommunication networks

1. On the territory of the Russian Federation, the use of information and telecommunication networks is carried out in compliance with the requirements of the legislation of the Russian Federation in the field of communications, this Federal Law and other regulatory legal acts of the Russian Federation.

2. Regulation of the use of information and telecommunication networks, access to which is not limited to a certain circle of persons, is carried out in the Russian Federation, taking into account the generally accepted international practice of the activities of self-regulatory organizations in this area. The procedure for using other information and telecommunication networks is determined by the owners of such networks, taking into account the requirements established by this Federal Law.

3. The use on the territory of the Russian Federation of information and telecommunication networks in economic or other activities may not serve as a basis for establishing additional requirements or restrictions regarding the regulation of these activities carried out without using such networks, as well as for non-compliance with the requirements established by federal laws.

4. Federal laws may provide for mandatory identification of individuals, organizations using an information and telecommunications network in the implementation of entrepreneurial activities. In this case, the recipient of an electronic message located on the territory of the Russian Federation has the right to conduct a check that makes it possible to identify the sender of the electronic message, and in cases established by federal laws or by agreement of the parties, he is obliged to carry out such a check.

5. The transfer of information through the use of information and telecommunication networks is carried out without restrictions, provided that the requirements established by federal laws for the dissemination of information and the protection of intellectual property are observed. The transfer of information can be limited only in the manner and on the terms established by federal laws.

6. The specifics of connecting state information systems to information and telecommunication networks may be established by a regulatory legal act of the President of the Russian Federation or a regulatory legal act of the Government of the Russian Federation.

Article 15.1. Unified register of domain names, indexes of pages of sites on the Internet and network addresses, allowing to identify sites on the Internet, containing information, the distribution of which is prohibited in the Russian Federation

1. In order to restrict access to sites on the Internet, containing information, the dissemination of which is prohibited in the Russian Federation, a unified automated information system is being created "Unified Register of Domain Names, Indexes of Pages of Sites on the Internet" and network addresses that allow identifying sites on the Internet, containing information the distribution of which is prohibited in the Russian Federation "(hereinafter referred to as the register).

2. The register includes:

1) domain names and (or) indexes of pages of sites on the Internet, containing information, the distribution of which is prohibited in the Russian Federation;

2) network addresses that allow identifying sites on the Internet that contain information, the distribution of which is prohibited in the Russian Federation.

3. Creation, formation and maintenance of the register shall be carried out by the federal executive body exercising control and supervision functions in the field of mass media, mass communications, information technology and communications, in the manner established by the Government of the Russian Federation.

4. The federal executive body performing the functions of control and supervision in the field of mass media, mass communications, information technology and communications, in the manner and in accordance with the criteria determined by the Government of the Russian Federation, may involve the registry operator in the formation and maintenance of the register - an organization registered on the territory of the Russian Federation.

5. The grounds for inclusion in the register of information specified in part 2 of this article are:

1) decisions of federal executive bodies authorized by the Government of the Russian Federation, adopted in accordance with their competence in the manner established by the Government of the Russian Federation, in relation to those distributed via the Internet:

a) materials with pornographic images of minors and (or) advertisements for attracting minors as performers to participate in entertainment events of a pornographic nature;

b) information on the methods, methods of development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, places of purchase of such drugs, substances and their precursors, on the methods and places of cultivation of narcotic plants;

c) information on methods of committing suicide, as well as calls to commit suicide;

d) information about a minor who has suffered as a result of illegal actions (inaction), the dissemination of which is prohibited by federal laws;

2) a court decision that has entered into legal force recognizing information disseminated via the Internet as information the dissemination of which is prohibited in the Russian Federation.

6. The decision to include in the register of domain names, page pointers of sites on the Internet and network addresses that allow identifying sites on the Internet, containing information, the dissemination of which in the Russian Federation is prohibited, may be appealed by the owner of the site on the Internet ", a hosting provider, a telecom operator providing services for providing access to the information and telecommunications network" Internet ", to the court within three months from the date of such a decision.

7. Within 24 hours from the moment of receipt from the registry operator of the notification about the inclusion of the domain name and (or) the index of the website page on the Internet in the registry, the hosting provider is obliged to inform the owner of the Internet site it serves and notify him of the need immediate deletion of the Internet page containing information, the distribution of which is prohibited in the Russian Federation.

8. Within 24 hours from the moment of receipt from the hosting provider of the notification on the inclusion of the domain name and (or) the index of the website page on the Internet in the register, the owner of the website on the Internet is obliged to delete the Internet page containing information, the distribution of which in the Russian Federation is prohibited. In case of refusal or inaction of the owner of the site on the Internet, the hosting provider is obliged to restrict access to such a site on the Internet within 24 hours.

9. If the hosting provider and (or) the owner of the Internet site does not take the measures specified in parts 7 and 8 of this article, the network address that allows you to identify the site on the Internet containing information, the distribution of which is prohibited in the Russian Federation , is included in the register.

10. Within 24 hours from the moment of inclusion in the register of a network address that allows identifying a site on the Internet, containing information, the dissemination of which is prohibited in the Russian Federation, the telecom operator providing services for providing access to the Internet information and telecommunications network shall restrict access to such a site on the Internet.

11. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, or the registry operator engaged by it in accordance with part 4 of this article excludes the domain name from the register, the index of the website page on the network "Internet" or a network address that allows you to identify a site on the "Internet", based on the request of the owner of the site on the "Internet", a hosting provider or a telecom operator providing services for providing access to the information and telecommunications network "Internet", no later than within three days from the date of such an appeal after taking measures to remove information, the dissemination of which is prohibited in the Russian Federation, or on the basis of a court decision that entered into legal force to cancel the decision of the federal executive body exercising control and supervision functions in the field of mass media , mass communications, information technology and communications, on the inclusion in the register of a domain name, an index of a page of a site on the Internet or a network address that allows identifying a site on the Internet.

12. The procedure for the interaction of the registry operator with the hosting provider and the procedure for obtaining access to the information contained in the register by the communications operator providing services for providing access to the information and telecommunications network "Internet" are established by the federal executive body authorized by the Government of the Russian Federation.

Article 16. Protection of information

1. Information protection is the adoption of legal, organizational and technical measures aimed at:

1) ensuring the protection of information from unauthorized access, destruction, modification, blocking, copying, provision, distribution, as well as from other illegal actions in relation to such information;

2) observance of confidentiality of information of limited access;

3) the exercise of the right to access information.

2. 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 technology and information protection.

3. Requirements for the protection of publicly available information may be established only to achieve the goals specified in clauses 1 and 3 of part 1 of this article.

4. The owner of the information, the operator of the information system in the cases established by the legislation of the Russian Federation, are obliged to ensure:

1) prevention of unauthorized access to information and (or) transfer of it to persons who do not have the right to access information;

2) timely detection of facts of unauthorized access to information;

3) prevention of the possibility of adverse consequences of violation of the procedure for access to information;

4) prevention of impact on technical means of information processing, as a result of which their functioning is disrupted;

5) the possibility of immediate recovery of information modified or destroyed due to unauthorized access to it;

6) constant control over ensuring the level of information security.

5. 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 of information, within the limits of their powers. When creating and operating state information systems, the methods and methods of protecting information used to protect information must comply with the specified requirements.

6. Federal laws may establish restrictions on the use of certain means of information protection and the implementation of certain types of activities in the field of information protection.

Article 17. Responsibility for offenses in the field of information, information technology and information protection

1. Violation of the requirements of this Federal Law entails disciplinary, civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.

2. Persons whose rights and legitimate interests have been violated in connection with the disclosure of information of limited access or other unlawful use of such information, have the right to apply in accordance with the established procedure for judicial protection of their rights, including claims for damages, compensation for moral damage, protection honor, dignity and business reputation. A claim for damages cannot be satisfied if it is presented by a person who did not take measures to maintain confidentiality of information or violated the requirements for information protection established by the legislation of the Russian Federation, if the adoption of these measures and compliance with such requirements were the obligations of this person.

3. If the dissemination of certain information is limited or prohibited by federal laws, civil liability for the dissemination of such information shall not be borne by the person providing the services:

1) either on the transfer of information provided by another person, subject to its transfer without changes and corrections;

2) either to store information and ensure access to it, provided that this person could not know about the illegality of the dissemination of information.

Article 18.On invalidation of certain legislative acts (provisions of legislative acts) of the Russian Federation

From the date of entry into force of this Federal Law, to declare invalid:

1) Federal Law of February 20, 1995 N 24-FZ "On Information, Informatization and Protection of Information" (Collected Legislation of the Russian Federation, 1995, N 8, Art. 609);

2) Federal Law of July 4, 1996 N 85-FZ "On participation in international information exchange" (Collected Legislation of the Russian Federation, 1996, N 28, Art. 3347);

3) Article 16 of the Federal Law of January 10, 2003 N 15-FZ "On Amendments and Additions to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law" On Licensing Certain Types of Activities "(Collected Legislation of the Russian Federation, 2003, N 2 , p. 167);

4) Article 21 of the Federal Law of June 30, 2003 N 86-FZ "On Amendments and Additions to Certain Legislative Acts of the Russian Federation, invalidation of certain legislative acts of the Russian Federation, the provision of certain guarantees to employees of internal affairs bodies, bodies for control over turnover narcotic drugs and psychotropic substances and the abolished federal bodies of the tax police in connection with the implementation of measures to improve government controlled"(Collected Legislation of the Russian Federation, 2003, N 27, Art. 2700);

5) Article 39 of the Federal Law of June 29, 2004 N 58-FZ "On Amendments to Certain Legislative Acts of the Russian Federation and the Recognition of Invalidation of Certain Legislative Acts of the Russian Federation in Connection with the Implementation of Measures to Improve Public Administration" (Collected Legislation of the Russian Federation, 2004, N 27, Art.2711).

The president

Russian Federation

Moscow Kremlin

The Federal Law on Information Security of 27.07.2006 refers to the section of the legislation on state secrets.

State secret - material protected by the state in the sphere of its military, foreign policy, economic, intelligence and operational-search activities. The dissemination of relevant information could seriously damage Russia's security.

The federal law on the protection of information was adopted by members of the State Duma on July 8, 2006 and approved by the Federation Council on July 14 of the same year. The content of the resolution is somewhat different from other legal acts of the Russian Federation. 149 of the Federal Law "On information, information technology and information protection" includes only articles, the law is not subdivided into separate chapters.

The Law on Information contains 18 articles:

Article 1. The scope of the Federal Law;
Art 2. The main concepts of the Federal Law;
Article 3. Norms of legal regulation of relationships;
Article 4. RF legislation on information, information technology and information protection;
Article 5. Information as an object of legal relationships;
Article 6. Information holder;
Article 7. Publicly available information;
Article 8. The right to access information;
Article 9. Restrictions on access to certain information;
Article 10. Submission of material or its distribution;
Article 11. Documenting the material;
Article 12. National regulation in the field of information technology application;
Article 13. Information Systems;
Article 14. State information systems;
Article 15. Application of information and telecommunication networks;
Article 16. Legal protection of information;
Article 17. Responsibility for offenses;
Article 18. On the recognition as invalid of certain legal acts of the Russian Federation.

Last changes were introduced into the law on information security of the Russian Federation on May 01, 2017. Law No. 149-FZ regulates relations that arise when exercising the rights to search, receive, transfer, produce and disseminate information. And also when using information technologies and ensuring the protection of information.

Read also Federal Law 282 on statistical accounting. Last revised

FZ 149 text

149 The Federal Law on Information Technologies and Information Protection determines the state policy in the field of the formation of reference resources and their directions. You can download the latest version of Federal Law 149.

It is worth noting that citizens, public authorities, local self-government services, institutions and public associations are obliged to provide documented information to persons responsible for the formation and use of state information resources.

Recent amendments to the law on information

Federal Law No. 149-FZ approved the introduction of the concept of “owner of an audiovisual service”. The terms of the prohibition on the use of audiovisual services for the implementation of criminal offenses were tightened. The innovations did not apply to all articles 149-FZ.

In Federal Law 149, the following articles should be highlighted:

Article 2

The last changes approved by the Russian Federation were made on June 29, 2015. Clause 20 was added regarding search enginewhich searches for information of certain content on the Internet. It is used for the implementation of state and city functions, and other public powers established by the Federal Law.

Article 3

The basic principles of legal regulation of relations are described. Article 3 has not undergone any innovations, all the same principles that were in the original publication of the document are relevant.

Article 4

The legislation of the Russian Federation, as before, is based on the Constitution of the Russian Federation. The legal regulation of the relationship is implemented in accordance with the regulatory documents on the media. And the storage procedure is regulated by the legislation on archival affairs. No amendments or additions were made to the new edition.

Article 7

In the middle of 2013, the last changes in 4, 5, 6 parts of Article 7 were approved. It is allowed to post material on the network in a certain format that allows automated processing.

In Part 5, measures were tightened regarding the dissemination of information that belong to state secrets. At the request of the relevant body for the protection of the rights of subjects, the publication of information in the form of open data should be suspended or terminated altogether.

Article 8

The latest innovations in the law were approved on July 27, 2010. Clause 5 in this FZ 149-FZ on information was changed, the public administration service is obliged to provide access to material about its activities, including with the use of information and telecommunication networks.

Article 13.

New edition of article 13 prepared based on new changes that were approved on December 31, 2014. For the free use of technical means of information systems, municipal enterprises must be located on the territory of Russia. According to the new additions, the procedure for monitoring compliance with the norms is regulated by the Government of the Russian Federation.

Article 15.

In July of this year, the latest changes were approved regarding Article 15 of Part 14. According to the new version of the law, the Federal Service of the Executive Power is obliged to notify the Federal Service of the Executive Power of Internal Affairs about the innovations through the system of interaction.

Article 9. Restriction of access to information

2. Compliance with the confidentiality of information, access to which is limited by federal laws, is mandatory.

2.1. The procedure for identifying information resources in order to take measures to restrict access to information resources, the requirements for the methods (methods) of restricting such access, applied in accordance with this Federal Law, as well as the requirements for the posted information on restricting access to information resources, are determined by the federal executive body exercising the functions of control and supervision in the field of mass media communications, information technology and communications.

3. Protection of information constituting a state secret is carried out in accordance with the legislation of the Russian Federation on state secrets.

6. Information constituting a professional secret may be provided to third parties in accordance with federal laws and (or) by a court decision.

7. The term of fulfillment of 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.

9. The procedure for access to personal data of citizens (individuals) is established by the federal law on personal data.

Information security is a field of activity where security measures and protection of personal information are studied, compiled, formalized and applied, as well as the openness and availability of publicly available information. Feder special staff. authorities check all channels and flows of information to detect and eliminate leakage of classified data, as well as to prevent crime. To guarantee the rights of citizens to use and disseminate data, a corresponding law was adopted.

List of RF laws on information security

The main issues, processes and measures of information security systems are regulated by Federal Law 149 on inf. technology and security. However, this area is also controlled by the provisions of other laws.

Control over this area of \u200b\u200bactivity is carried out using the following laws:

ФЗ number 152 on personal data. This law regulates legal relations between employees of bodies and citizens, employees of institutions, when during inspections, employees of bodies have the authority to check any materials, documents and computers. In such cases, each person can protect his personal data and materials related to his personal life;
This law regulates the legal relationship between employees, employees, participants in the design, construction, fulfillment of conditions and requirements in relation to products and goods, etc. It also determines the rights, powers and obligations of the listed persons;
ФЗ number 63 on electronic signature. This law regulates the legal relationship between the parties to the sale and purchase transactions, in the performance of services to meet the needs of the municipalities. and state. institutions, in the execution of state. functions and other legal entities. actions when electronic signatures are used;
ФЗ number 99 on granting licenses for certain categories of activities. This law regulates legal relationships arising between employees of various state. bodies and legal entities. persons and individual entrepreneurs arising from the granting of a license for the categories of activity listed in the law.

All of these laws contain articles and provisions that control the field of information security and personal data protection.

General provisions 149 FZ

Law on inform. Security 149 was adopted by the State Duma on July 8, 2006, and approved by the Federation Council on July 14, 2006. It was last updated on November 25, 2017. FZ 149 contains 18 articles. It concerns legal relations arising in the conduct of activities for the search, provision, production or transfer of materials or information, when using the system and developing information protection measures, when using or applying the information received.

Summary of Federal Law No. 149 on Information, inf. technologies and information protection:

1 tbsp. - the area regulated by the law;
2 tbsp. - terms and concepts;
3 tbsp. - a list of legal principles of regulation in this area;
4 tbsp. - acts and regulations that control this area;
5 tbsp. - information is the object of legal relations;
6 tbsp. - persons with information;
7 tbsp. - information available to the population, open and public;
8 Art. - listed persons who have the right to access information;
9 Art. - restrictions and prohibitions;
10 tbsp. - distribution and provision of information to third parties;
11 Art. - documentation and accounting;
12 Art. - methods of regulation and control over this area;
13 Art. - systems and programs;
14 Art. - state. systems containing important information;
15 Art. - the use of television and communication networks in the described field of activity;
16 Art. - protection and security measures of information;
17 Art. - responsibility, punishment and types of crimes;
18 Art. - enumeration of provisions that have become invalid.

This Federal Law has the basic principles used to determine information security and protection measures:

Any person residing on the territory of Russia has the right to search for public and publicly available information, use the information found for dissemination and transmission by any known means;
Citizens have the right to use, distribute or transmit only publicly available information, it is forbidden to request any data related to secret or private;
Restrictions or prohibitions on access to information can be carried out only in connection with certain provisions of the legislation of the Russian Federation;
Information is disseminated and transferred to persons only in case of their request for this information;
Any organization, firm or company with a commercial program undertakes to provide detailed information about its own activities and describing the characteristics of the company in the public domain. Exceptions can be used only if they comply with the conditions and requirements of this Federal Law;
The information system is controlled and protected by government agencies;
All systems, operation information and data issued on official websites or in official documents must be in Russian.

Not only citizens (individuals), but also legal entities have the rights to the availability of information. Phys. and legal. persons have various powers in this area and the rights, duties and powers are determined by legislation, namely by the regulations of the Russian Federation and described by the Federal Law.

Federal Law 149 lists the rights that the person who owns the information has:

The rights to permit or restrict access to information belonging to the owner;
The right to transfer data or information to third parties in connection with the execution and conclusion of an agreement;
The right to use, disseminate information at your own discretion as the owner desires.

Federal Law 149 lists the duties that the person who owns the information has:

Observance of the rights, duties and powers of other citizens to whom the information may relate;
Application of a ban or restriction on access to data, if this data should be removed from access in accordance with the provisions of the regulations, acts and laws of Russia;
Application of measures and methods to ensure the protection and security of information that belongs to this person.

Any information, information and data permitted for distribution and use must be open and provided in a free manner. Encryption is possible only in exceptional cases, formalized in this law. If, when transmitting or disseminating information, activity occurs without the participation of the media (in more detail, control is carried out to ensure that the data is reliable and has the identification of the person who published it.

The owner of a website on the Internet or any other resource where information is disseminated is obliged to place his own data in a special column or heading:

Full name;
E-mail address;
Residence address.

Such data about the owner of the site may be needed not only by citizens who visit the site, but also by employees of the authorities. Anyone who has complications with access to information or has questions to the owner has the right to send a letter. A letter is also sent to the owner in case any violations were found in the Internet resource.

According to the legislation of the Russian Federation, any propaganda is also prohibited. Among the prohibitions are the propaganda of war and violence, the propaganda of religious or racial hatred, the propaganda of suicide (psychoactive influence), etc. For the listed types of open or closed propaganda, the author of the text will bear criminal or administrative responsibility, depending on the severity of the crime.

Secret, secret or important materials, documentation, information must be documented. The design of such papers and the methods of their storage are formalized in the Federal Law on Execution. authorities.

The owner of the information or any material, when browsing the Internet, may discover the use of his own information without permission. In such a case, the owner has the right to file a copyright infringement claim against the site owner. When filing a claim, a power of attorney is drawn up, which must be certified by a notary.

Download the law on information technology and information protection

Citizens, employees or officials who violate the established provisions, requirements and conditions of the law will be held liable. In the event that a citizen finds a violation of his own rights in the area described above, he has the right to file a claim with the judicial authorities to receive compensation and damages, depending on the situation:

If the person has suffered moral damage;
Damage to honor and business reputation;
Protection of honor and dignity.

The owner of an Internet resource, page or site has the right to buy information from a person. It often happens that third parties sell materials without the knowledge of the author. In such cases, the claim for copyright infringement will be ignored. These conditions and requirements apply not only to the sale of information, but also to obtain a license to use the copyright.

In cases where violations of the law were found repeatedly on the same sites and resources, employees of control bodies have the right to restrict access to them. On the official websites of the Federal authorities, you can find a document with a complete list of websites and resources, access to which was limited or completely prohibited.

Federal law regulates relations arising in the exercise of the right to search, receive, transfer, production and distribution of information, in the use of information technologies, as well as in ensuring the protection of information, with the exception of relations arising from the protection of the results of intellectual activity and equivalent means of individualization.

The development of a new basic legislative act in this area is due to the need to unify, both from a conceptual and substantive point of view, the principles and rules for regulating information relations, eliminating a number of gaps in regulation and bringing Russian legislation closer to the international practice of regulating information relations.

The federal law brings the conceptual apparatus and mechanisms of regulation in line with the practice of using information technologies, determines the legal status of various categories of information, fixes provisions on the regulation of the creation and operation of information systems, general requirements to the use of information and telecommunication networks, establishes the principles of regulation of public relations related to the use of information.

The principle of freedom to search, receive, transfer, produce and disseminate information in any legal way is consolidated. At the same time, restrictions on access to information can be established only by federal laws.

The law contains provisions aimed at protecting against fraudulent use or abuse of the capabilities of the media, in which unnecessary information is imposed on users. In particular, the information should include reliable information about its owner or about another person - distributor in the form and to the extent that are sufficient to identify such a person. When using for the dissemination of information means allowing to determine the recipients of information, including mail and electronic messages, the person disseminating the information is obliged to provide the recipient with the opportunity to refuse such information.

The basic rules and methods of protecting the rights to information, protecting the information itself by adopting basic legal, organizational and technical (software and hardware) measures to protect it have been established. The rights of the owner of the information contained in the databases of the information system are subject to protection, regardless of copyright and other rights to such databases.

Information, depending on the category of access to it, is divided into publicly available information, as well as information, access to which is limited by federal laws (information of limited access). A list of information is established, access to which cannot be limited (for example, on the activities of authorities and on the use of budgetary funds), information provided free of charge.

There is a direct ban on the requirement from 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) .Exceptions can be made only in cases directly provided laws.

From the date of entry into force of the Federal Law, the Federal Law of February 20, 1995 N 24-FZ "On Information, Informatization and Protection of Information" is declared invalid.

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