Official secret 149 fz. Basic laws in the field of information security. List of laws of the Russian Federation on information security and technologies
Changes and amendments
Adopted by the State Duma on July 8, 2006
Approved by the Federation Council on July 14, 2006
Article 1. Scope of this Federal Law
1. This Federal Law regulates relations arising from:
1) the 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 shall not apply to relations arising from the legal protection of the results of intellectual activity and the means of individualization equated 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 criteria;
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 tangible medium by documenting information with details that make it possible to determine such information or in accordance with the legislation Russian Federation cases, its material carrier;
12) operator of an information system - a citizen or a legal entity carrying out activities for the operation of an information system, including information processing contained in its databases.
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) the 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) the equality of the languages of the peoples of the Russian Federation when creating 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 a person's private life 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 not established by federal laws.
Article 4. Legislation of the Russian Federation on information, information technology and about information protection
1. The legislation of the Russian Federation on information, information technologies 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. Legal regulation of relations related to the organization and activities of funds mass media, carried out in accordance with the legislation of the Russian Federation on the mass media.
3. The procedure for storing and using the documented information included in the archival funds is established by the legislation on archival affairs 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 of 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), 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 information owner 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 manner established by law in the event of illegal receipt of information or its illegal use by other persons;
5) carry out other actions with information or authorize the implementation of such actions.
4. The owner of the 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 with respect to the dissemination of such information.
3. The owner of information that has become publicly available by his decision has the right to demand that the persons disseminating such information indicate themselves as a source of such information.
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 compliance with 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 prescribed 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 citizen, as well as establishing legal position organizations and powers of state bodies, local self-government bodies;
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 budget funds(with the exception of information constituting a state or official secret);
4) information accumulated in open collections 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 to information about their activities in Russian and the official 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 self-government bodies. A person who wants to get 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 deliberately 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. 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. Restricting access to information
1. Restrictions on access to information are 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. It is obligatory to observe the confidentiality of information, access to which is limited by federal laws.
3. Protection of information constituting a state secret shall be carried out in accordance with the legislation of the Russian Federation on state secrets.
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 for fulfilling obligations to maintain the confidentiality of information constituting a professional secret may be limited only with the consent of the citizen (individual) who provided such information about himself.
8. 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 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 using the mass media must include reliable information about its owner or about another person disseminating information, in a form and in an amount that are 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 disseminating 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 accordance with the procedure established by the agreement of the persons participating in the exchange of information.
5. Cases and conditions for the mandatory dissemination of information or the provision of information, including the provision of mandatory copies of documents, are established by federal laws.
6. It is prohibited to disseminate information that is aimed at propaganda of war, incitement to 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 bodies executive power documentation of information is carried out 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. An electronic message signed by an electronic digitally signed 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 to draw up such a document on paper.
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 with an electronic digital 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 property rights to tangible media containing documented information are established by civil legislation.
Article 12. Government regulation in the field of information technology application
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 governments with information, as well as ensuring the interaction of such systems;
3) creation of conditions for the effective use of information and telecommunication networks in the Russian Federation, including the Internet and other similar information and telecommunication networks.
2. State bodies, local self-government bodies, 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 the local government;
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.
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 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 self-government bodies.
4. Lists of the 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.
5. Unless otherwise established by the 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. In this case, 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 commissioning certain state information systems.
7. Operation of the state information system is not allowed without proper registration of rights to use its components, which are objects of intellectual property.
8. Technical means intended for processing information contained in state information systems, including software and technical means and information protection 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.
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 the use of such networks, as well as for non-compliance with the requirements established by federal laws.
4. Federal laws may provide for mandatory identification of a person, organizations using an information and telecommunications network when carrying out entrepreneurial activities. In this case, the recipient e-mail, located on the territory of the Russian Federation, has the right to conduct a check, which makes it possible to identify the sender of an electronic message, and in cases established by federal laws or by agreement of the parties, it 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 conditions 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 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) its transfer 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 the prescribed manner 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 the 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. In the event that 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 on storing information and providing access to it, provided that this person could not know about the illegality of the dissemination of information.
Article 18. About invalidation of certain legislative acts (provisions of legislative acts) of the Russian Federation
From the date this Federal Law enters into force, the following shall be declared 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, 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 Amending Certain Legislative Acts of the Russian Federation and invalidating some 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
V. Putin
The law "On Information, Information Technologies and Information Protection" dated July 27, 2006 No. 149-FZ (adopted by the State Duma on July 8, 2006) should be considered fundamental among Russian laws on information security. It provides basic definitions, outlines the directions in which legislation in this area should develop, regulates relations arising from:
exercise of the right to search, receive, transfer, produce and disseminate information;
application of information technology;
ensuring the protection of information.
Let's 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, disseminating information and ways of implementing such processes and methods;
Information system- a set of information contained in databases and information technologies and technical means ensuring its processing;
information and telecommunications network- a technological system designed to transmit information over communication lines, access to which is carried out using computer technology;
information holder- 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 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 transferring information to a certain circle of persons;
Spread of information- actions aimed at obtaining information by an indefinite circle of persons or transferring 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 information with requisites that make it possible to determine such information or, in cases established by the legislation of the Russian Federation, its tangible medium;
information system operator- a citizen or a legal entity operating the information system, including the processing of information contained in its databases.
We, of course, will not discuss data quality in the Law of Definitions. Let's just pay attention to the non-traditional 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, transfer, produce and disseminate information in any legal way;
the establishment of restrictions on access to information only by federal laws;
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;
equality of 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 protection of the information they contain;
reliability of information and timeliness of its provision;
inviolability of private life, inadmissibility of collection, storage, use and dissemination of information about a person's private life without his consent;
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 not established by federal laws.
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 order, morality, health, rights and legitimate interests of others, to ensure the country's defense and state security.
It is mandatory to respect 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 commercial secret, official secret and other secrets, the obligation to maintain the confidentiality of such information, as well as responsibility for its disclosure.
Note that this article focuses on the confidentiality of information.
Article 11 "Documentation of information" contains the following important provisions:
3 ... An electronic message signed with an electronic digital signature or other 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 to draw up such a document on paper.
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 with an electronic digital signature or another analogue of the handwritten signature of the sender of such a message, in the manner prescribed by federal laws and other regulatory legal acts or agreement of the parties, is considered an exchange of documents.
Article 16 is entirely devoted to information protection issues. We will quote it in full.
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;
observance of confidentiality of restricted information;
realization of the right to access information.
prevention of unauthorized access to information and (or) its transfer to persons who do not have the right to access information;
timely detection of facts of unauthorized access to information;
prevention of the possibility of adverse consequences of violation of the procedure for access to information;
prevention of impact on technical means of information processing, as a result of which their functioning is disrupted;
the possibility of immediate recovery of information modified or destroyed due to unauthorized access to it;
constant control over 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 technology and information protection.
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.
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:
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.
Federal laws may establish restrictions on the use of certain means of protecting information and the implementation of certain types of activities in the field of information protection.
In the cited article of the Law, all three main aspects of information security appear: availability, integrity and confidentiality. In addition, it is mandatory to monitor security breaches and constantly monitor the level of information security.
Measures such as accreditation, certification and licensing are not explicitly mentioned, but clauses 5 and 6 are of course implied.
These are the most important, in our opinion, 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.
Federal law of the Russian Federation
"On information, information technology and information protection"
Adopted by the State Duma on 07/08/2006
Approved by the Federation Council on July 14, 2006
Published on June 30, 2014
As amended on July 27, 2010 N 227-FZ;
06.04.2011 N 65-FZ; 21.07.2011 N 252-FZ;
July 28, 2012 N 139-FZ; 04/05/2013 N 50-FZ;
07.06.2013 N 112-FZ; 02.07.2013 N 187-FZ;
12/28/2013 N 396-FZ; 12.28.2013 N 398-FZ
05.052014 N 97-FZ
Article 1. Scope of this Federal Law
1. This Federal Law regulates relations arising from:
1) the 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 shall not apply to relations arising from the legal protection of the results of intellectual activity and means of individualization equivalent to them, with the exception of the cases provided for by this Federal Law.
(as amended by Federal Law of 02.07.2013 N 187-FZ)
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 criteria;
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 tangible medium by documenting information with details that allow one to determine such information or, in cases established by the legislation of the Russian Federation, its tangible medium;
11.1) electronic document - documented information provided 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;
(Clause 11.1 was introduced by the Federal Law of 27.07.2010 N 227-FZ)
12) operator of an information system - a citizen or a legal entity carrying out activities for the operation of the information system, including the processing of 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 referred to as the "Internet" network) 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 July 28, 2012, as revised by No. 112-FZ Federal Law of June 7, 2013)
(Clause 14 was introduced by the Federal Law of 28.07.2012 N 139-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;
(Clause 15 introduced by the Federal Law of 28.07.2012 N 139-FZ)
16) network address- identifier in the data transmission network, which determines the subscriber terminal or other means of communication included in the information system in the provision of telematic communication services;
(Clause 16 introduced by the Federal Law of 28.07.2012 N 139-FZ)
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;
(Clause 17 was introduced by the Federal Law of 28.07.2012 N 139-FZ)
18) hosting provider - a person providing services for the provision of computing power for placing information in an information system permanently connected to the Internet;
(Clause 18 was introduced by the Federal Law of 28.07.2012 N 139-FZ)
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 was 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 of 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) the 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 of 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 a person's private life 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 not established by federal laws.
Article 4. Legislation of the Russian Federation on information, information technologies and information protection
1. The legislation of the Russian Federation on information, information technologies 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. Legal regulation of relations related to the organization and activities of the media is carried out in accordance with the legislation of the Russian Federation on the media.
3. The procedure for storing and using the documented information included in the archival funds is established by the legislation on archival affairs 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 of 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), 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 information owner 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 manner established by law in the event of illegal receipt of information or its illegal use by other persons;
5) carry out other actions with information or authorize the implementation of such actions.
4. The owner of the 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 with respect to the dissemination of such information.
3. The owner of information that has become publicly available by his decision has the right to demand that the persons disseminating such information 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 in order to reuse it is publicly available 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 can 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 the Federal Law of 07.06.2013 N 112-FZ)
6. If the posting of information in the form of open data may entail a violation of the rights of 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 posting 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 should 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 prescribed 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 self-government bodies;
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 collections 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 who wants to get 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 deliberately 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. 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. Restrictions on access to information are 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. It is obligatory to observe the confidentiality of information, access to which is limited by federal laws.
3. Protection of information constituting a state secret shall be 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) shall be protected 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 for fulfilling obligations to maintain the confidentiality of information constituting a professional secret may be limited only with the consent of the citizen (individual) who provided such information about himself.
8. 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 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 using the mass media must include reliable information about its owner or about another person disseminating information, in a form and in an amount that are sufficient to identify such a person.
3. 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 of information with the opportunity to refuse such information.
4. The provision of information is carried out in accordance with the procedure established by the agreement of the persons participating in the exchange of information.
5. Cases and conditions for the mandatory dissemination of information or the provision of information, including the provision of mandatory copies of documents, are established by federal laws.
6. It is prohibited to disseminate information that is aimed at propaganda of war, incitement to national, racial or religious hatred and enmity, as well as other information for the dissemination of which criminal or administrative liability is provided.
Article 10.1. Obligations of the organizer of information dissemination on the Internet
1. The organizer of the dissemination of information on the Internet is a person carrying out activities to ensure the functioning of information systems and (or) programs for electronic computers, which are intended and (or) used for receiving, transmitting, delivering and (or) processing electronic messages users of the Internet.
2. The organizer of the dissemination of information on the Internet is obliged, in accordance with the procedure established by the Government of the Russian Federation, to notify the federal executive body exercising control and supervision functions in the field of mass media, mass communications, information technology and communications, on the beginning of the implementation of the activities specified in part 1 of this article.
3. The organizer of the dissemination of information on the Internet is obliged to store on the territory of the Russian Federation information on the facts of receipt, transmission, delivery and (or) processing of voice information, written text, images, sounds or other electronic messages of Internet users and information about these users within six months from the date of completion of such actions, as well as provide this information to authorized state bodies carrying out operational-search activities or ensuring the security of the Russian Federation, in cases established by federal laws.
4. The organizer of the dissemination of information on the Internet is obliged to ensure the implementation of the requirements for equipment and software and hardware used by the specified the organizer in the information systems operated by him, for these bodies, in cases established by federal laws, to carry out activities in order to implement the tasks assigned to them, as well as to take measures to prevent the disclosure of organizational and tactical methods of carrying out these activities. The procedure for interaction of organizers of information dissemination on the Internet with authorized state bodies carrying out operational-search activities or ensuring the security of the Russian Federation is established by the Government of the Russian Federation.
5. The obligations stipulated by this article do not apply to operators of state information systems, operators of municipal information systems, communication operators providing communication services on the basis of an appropriate license, in terms of licensed activities, and also do not apply to citizens (individuals) carrying out the specified in part 1 of this article, activities for personal, family and household needs. For the purpose of applying the provisions of this article, the Government of the Russian Federation shall determine a list of personal, family and household needs in the implementation of the activities specified in part 1 of this article.
6. The composition of the information to be stored in accordance with Part 3 of this Article, the place and rules for its storage, the procedure for its provision to authorized state bodies carrying out operational-search activities or ensuring the security of the Russian Federation, as well as the procedure for exercising control over the activities of organizers of information dissemination in the Internet connected with the storage of such information, and the federal executive body authorized to exercise this control, are determined by the Government of the Russian Federation.
(Article 10.1 introduced by Federal Law of 05.052014 N 97-FZ)
Article 10.2. Features of the blogger's dissemination of public information
1. The owner of the site and (or) pages of the site on the Internet, on which publicly available information is posted and access to which during the day is more than three thousand Internet users (hereinafter - the blogger), when posting and using this information, including when placing the specified information on this site or page of the site by other users of the Internet, is obliged to ensure compliance with the legislation of the Russian Federation, in particular:
1) not to allow the use of the site or the page of the site on the Internet for the purpose of committing criminal offenses, for disclosing information constituting state or other secrets specially protected by law, for distributing materials containing public calls to carry out terrorist activities or publicly justifying terrorism, other extremist materials, as well as materials promoting pornography, the cult of violence and cruelty, and materials containing obscene language;
2) check the accuracy of the posted publicly available information prior to its placement and immediately delete the posted false information;
3) prevent the dissemination of information about the private life of a citizen in violation of civil law;
4) comply with the prohibitions and restrictions provided for by the legislation of the Russian Federation on referendum and the legislation of the Russian Federation on elections;
5) comply with the requirements of the legislation of the Russian Federation governing the procedure for the dissemination of mass information;
6) observe the rights and legitimate interests of citizens and organizations, including the honor, dignity and business reputation of citizens, the business reputation of organizations.
2. When placing information on a website or a website page on the Internet, it is not allowed:
1) the use of a site or a page of a site on the Internet for the purpose of concealing or falsifying socially significant information, disseminating deliberately inaccurate information under the guise of reliable messages;
2) dissemination of information in order to defame a citizen or certain categories of citizens on the basis of gender, age, race or nationality, language, attitude to religion, profession, place of residence and work, as well as in connection with their political convictions.
3. The blogger has the right:
1) freely search, receive, transfer and distribute information in any way in accordance with the legislation of the Russian Federation;
2) express on their website or page of the website on the Internet their personal judgments and assessments, indicating their name or pseudonym;
3) post or allow the placement of texts and (or) other materials of other Internet users on their website or page of a website on the Internet, if the placement of such texts and (or) other materials does not contradict the legislation of the Russian Federation;
4. Abuse of the right to disseminate publicly available information, expressed in violation of the requirements of parts 1, 2 and 3 of this article, entails criminal, administrative or other liability in accordance with the legislation of the Russian Federation.
5. The blogger is obliged to place his surname and initials on his website or website page on the Internet, email address to send him legally relevant messages.
6. A blogger is obliged to post on his website or page of a website on the Internet immediately upon receipt of a court decision that has entered into legal force and contains a requirement to publish it on this website or page of the website.
7. Owners of sites on the Internet that are registered in accordance with the Law of the Russian Federation of December 27, 1991 N 2124-1 "On Mass Media" as online publications are not bloggers.
8. The federal executive body, exercising control and supervision functions in the field of mass media, mass communications, information technology and communications, maintains a register of sites and (or) pages of sites on the Internet on which publicly available information and access to which during the day is more than three thousand Internet users. In order to ensure the formation of a register of sites and (or) pages of sites on the Internet, the federal executive body exercising control and supervision functions in the field of mass media, mass communications, information technology and communications:
1) organizes monitoring of sites and pages of sites on the Internet;
2) approves the methodology for determining the number of users of a site or site page on the Internet per day;
3) has the right to request from the organizers of the dissemination of information on the Internet, bloggers and other persons the information necessary for maintaining such a register. These persons are obliged to provide the requested information no later than ten days from the date of receipt of the request from the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications.
9. In case of detection in information and telecommunication networks, including the Internet, sites or pages of sites that host publicly available information and access to which during the day is more than three thousand Internet users, including consideration of the relevant appeals of citizens or organizations, the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications:
1) includes the specified site or page of a site on the Internet in the register of sites and (or) pages of sites on the Internet, on which publicly available information is posted and access to which during the day is more than three thousand Internet users;
2) determines the hosting provider or other person providing the placement of the site or site page on the Internet;
3) sends a notification in electronic form in Russian and English to the hosting provider or the person specified in clause 2 of this part about the need to provide data that allows the blogger to be identified;
4) fixes the date and time of sending the notification to the hosting provider or to the person specified in clause 2 of this paragraph in the relevant information system.
10. Within three working days from the receipt of the notification specified in clause 3 of part 9 of this article, the hosting provider or the person specified in clause 2 of part 9 of this article must provide data that allows the blogger to be identified.
11. After receiving the data specified in clause 3 of part 9 of this article, the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, sends the blogger a notification about the inclusion of his website or website page to the register of sites and (or) pages of sites on the Internet, which contain publicly available information and access to which during the day is more than three thousand Internet users, indicating the requirements of the legislation of the Russian Federation applicable to this site or page site on the Internet.
12. In the event that access to a site or a page of a site on the Internet for three months is less than three thousand Internet users within a day, this site or this page of a site on the Internet, at the request of the blogger, is excluded from the register of sites and (or) pages of sites on the Internet, which contain publicly available information and access to which during the day is more than three thousand Internet users, about which the blogger is notified. A given site or page of a site on the Internet may be excluded from this register in the absence of a blogger's statement, if access to this site or page of a site on the Internet for six months is less than three thousand Internet users within a day ...
(Article 10.2 introduced by Federal Law of 05.052014 N 97-FZ)
Article 11. Documentation of 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. For the purpose of concluding civil law contracts or formalizing other legal relations in which persons exchanging electronic messages participate, the exchange of electronic messages, each of which is signed electronic signature or by 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 by agreement of the parties, is considered an exchange of documents.
(as amended by Federal Law of 06.04.2011 N 65-FZ)
5. Ownership and other property 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;
2) development of information systems for various purposes to provide citizens (individuals), organizations, state bodies and local governments with information, as well as ensuring the interaction of such systems;
3) creation of conditions for the effective use of information and telecommunication networks in the Russian Federation, including the Internet and other similar information and telecommunication networks;
4) ensuring information security of children.
(Clause 4 was introduced by the Federal Law of 21.07.2011 N 252-FZ)
2. State bodies, local self-government bodies, 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 the local government;
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 ensure the exchange of information between these bodies, as well as for other purposes established by federal laws.
2. State information systems are created and operated in accordance with the requirements provided for by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.
(Part 2 as revised by Federal Law No. 396-FZ, dated 28 December 2013)
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 self-government bodies.
4. Lists of the 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 must ensure the placement of such information on the Internet in the form of open data.
(as amended by 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 the 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. In this case, 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 requirements for the procedure for the creation and commissioning of certain state information systems.
(as amended by Federal Law of 28.12.2013 N 396-FZ)
7. Operation of the state information system is not allowed without proper registration of rights to use its components, which 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 unlawful access, destruction, modification, blocking, copying, provision, distribution and other illegal actions.
(as amended by Federal Law of 27.07.2010 N 227-FZ)
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 the use of such networks, as well as for non-compliance with the requirements established by federal laws.
4. Federal laws may provide for mandatory identification of a person, organizations using an information and telecommunications network when carrying out 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, which makes it possible to identify the sender of the electronic message, and in cases established by federal laws or by agreement of the parties, it 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 conditions 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
(introduced by the Federal Law of 28.07.2012 N 139-FZ)
1. In order to restrict access to sites on the Internet, containing information, the distribution of which is prohibited in the Russian Federation, a unified automated information system is being created "Unified Register of Domain Names, Indexes of Site Pages 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 the functions of control and supervision 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 including the information specified in the register 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 about the 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;
(clause "g" was introduced by the Federal Law of 05.04.2013 N 50-FZ)
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 communications operator providing services for providing access to the information and telecommunications network" Internet ", to a 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 on the inclusion of the domain name and (or) the index of the site 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 about 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 and, 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 be obliged 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 the registry operator excludes from the registry the domain name, the index of the website page on the Internet, or a network address that allows you to identify a site on the Internet, based on a request from the owner of the site on the Internet, a hosting provider or a telecom operator providing services for providing access to the 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 technologies and communication, about inclusion in the registry 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 interaction between the registry operator and 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.
13. The procedure for restricting access to sites on the Internet, provided for by this article, does not apply to information, the procedure for restricting access to which is provided for by this Federal Law.
(Part 13 is introduced by Federal Law No. 398-FZ, dated 28 December 2013)
Article 15.2. The procedure for restricting access to information disseminated in violation of exclusive rights to films, including films, television films
(introduced by the Federal Law of 02.07.2013 N 187-FZ)
1. The rightholder in case of detection in information and telecommunication networks, including the Internet, films, including films, television films, or information necessary to obtain them using information and telecommunication networks, which are distributed without his permission or other legal basis, has the right to apply to the federal executive body exercising control and supervision functions in the field of mass media, mass communications, information technology and communications, with an application to take measures to restrict access to information resources that distribute such films or information, on the basis of a judicial act that has entered into force. The form of the said application is approved by the federal executive body exercising control and supervision functions in the field of mass media, mass communications, information technology and communications.
2. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, on the basis of a judicial act that has entered into force, within three working days:
1) determines the hosting provider or other person providing placement in the information and telecommunication network, including the Internet, of the specified information resource serving the owner of the Internet site, which contains information containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, without the permission of the copyright holder or other legal basis;
2) sends to the hosting provider or other person specified in this part in electronic form a notification in Russian and English about the violation of exclusive rights to films, including films, television films, indicating the title of the work, its author, copyright holder, domain name and network address allowing to identify the site on the Internet, which contains information containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, without the permission of the copyright holder or other legal basis, as well as pointers pages of the site on the Internet, allowing to identify such information, and with the requirement to take measures to remove such information;
3) fixes the date and time of sending the notification to the hosting provider or other person specified in this paragraph in the relevant information system.
3. Within one business day from the date of receipt of the notification specified in this article, the hosting provider or other person specified in this article must inform the owner of the information resource they serve and notify him of the need to immediately delete the illegally posted information and (or) accept measures to restrict access to it.
4. Within one working day from the moment of receipt from the hosting provider or other person specified in this article of the notification about the need to delete the illegally posted information, the owner of the information resource is obliged to delete such information. In case of refusal or inaction of the owner of the information resource, the hosting provider or another person specified in this article is obliged to restrict access to the corresponding information resource no later than the expiration of three working days from the date of receipt of the notification specified in this article.
5. If the hosting provider or other person specified in this article and (or) the owner of the information resource does not accept the measures specified in and this article, the domain name of the site on the "Internet", its network address, indexes of the pages of the site on the "Internet" allowing to identify information containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, and posted without the permission of the copyright holder or other legal basis, as well as other information about this site and information is sent to the system of interaction for telecom operators to take measures to restrict access to this information resource, including the site on the Internet, or to the information posted on it.
6. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, on the basis of an effective judicial act within three working days from the date of receipt of the judicial act on the abolition of restrictions on access to information a resource containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, which are distributed without the permission of the copyright holder or other legal basis, notifies the hosting provider or other person specified in this article and communication operators about cancellation of measures to restrict access to this information resource.
7. Within 24 hours from the moment of receipt through the interaction system of information about an information resource containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, which are distributed without the permission of the copyright holder or other legal basis, A telecom operator providing services for providing access to the information and telecommunication network "Internet" is obliged to restrict access to such information resource, including the site on the Internet, or to the page of the site.
8. The procedure for the functioning of the information system of interaction is established by the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications.
9. The procedure provided for by this article does not apply to information subject to inclusion in the register in accordance with this Federal Law.
Article 15.3. The procedure for restricting access to information disseminated in violation of the law
(introduced by the Federal Law of December 28, 2013 N 398-FZ)
Article 15.4. The procedure for restricting access to the information resource of the organizer of the dissemination of information on the Internet
1. In the event of a failure by the organizer of the dissemination of information on the Internet to fulfill the obligations provided for by Article 10.1 of this Federal Law, established by a resolution on an administrative offense that has entered into legal force, a notification shall be sent to him (the address of his branch or representative office) by the authorized federal executive body , which indicates the term for the performance of such obligations, which is not less than fifteen days.
2. In the event that the organizer of the dissemination of information on the Internet within the period specified in the notification fails to fulfill the obligations provided for in Article 10.1 of this Federal Law, access to information systems and (or) programs for electronic computers that are intended and (or) used to receive , transmission, delivery and (or) processing of electronic messages of Internet users and the functioning of which is provided by this organizer, until such obligations are fulfilled, is limited by the telecom operator providing services for providing access to the Internet, on the basis of a court decision that has entered into legal force or decisions of the authorized federal executive body.
3. The procedure for interaction of the authorized federal executive body with the organizer of the dissemination of information on the Internet, the procedure for sending the notification specified in Part 1 of this Article, the procedure for restricting and resuming access to the information systems and (or) programs specified in Part 2 of this Article, and the procedure informing citizens (individuals) about such a restriction shall be established by the Government of the Russian Federation.
(Article 15.3 was introduced by the Federal Law of 05.052014 N 97-FZ)
1. In case of detection in information and telecommunication networks, including on the Internet, information containing calls for mass riots, the implementation of extremist activities, participation in mass (public) events held in violation of the established procedure, including the case of receipt of a notification on the dissemination of such information from federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, organizations or citizens, the Prosecutor General of the Russian Federation or his deputies send a request to the federal executive body exercising control and supervision functions in the field of mass media information, mass communications, information technology and communications, on the adoption of measures to restrict access to information resources disseminating such information.
2. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, on the basis of the appeal specified in this article, immediately:
1) sends through the interaction system to telecom operators a request to take measures to restrict access to an information resource, including a website on the Internet, or to information posted on it and containing calls for mass riots, the implementation of extremist activities, participation in mass (public) events held in violation of the established procedure. This requirement must contain the domain name of the site on the Internet, the network address, pointers to the pages of the site on the Internet, allowing to identify such information;
2) determines the hosting provider or other person who provides placement in the information and telecommunication network, including the Internet, of the specified information resource serving the owner of the Internet site, which contains information containing calls for riots, carrying out extremist activities, participation in mass (public) events held in violation of the established procedure;
3) sends a notification in electronic form in Russian and English to the hosting provider or other person specified in this part of the information about the violation of the procedure for the dissemination of information, indicating the domain name and network address, allowing to identify the site on the Internet, which contains information containing appeals to riots, the implementation of extremist activities, participation in mass (public) events held in violation of the established order, as well as pointers to website pages on the Internet, allowing you to identify such information, and with the requirement to take measures to remove such information;
4) fixes the date and time of sending the notification to the hosting provider or other person specified in this part in the relevant information system.
3. After receiving through the interaction system the requirement of the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, on taking measures to restrict access, the communications operator providing services for providing access to information telecommunication network "Internet" is obliged to immediately restrict access to an information resource, including a site on the Internet, or to information posted on it and containing calls for mass riots, extremist activities, participation in mass (public) events carried out in violation of the established procedure.
4. Within 24 hours from the moment of receipt of the notification specified in this article, the hosting provider or other person specified in this article must inform the owner of the information resource they serve and notify him of the need to immediately delete information containing calls for mass riots, the implementation of extremist activities, participation in mass (public) events held in violation of the established procedure.
5. In the event that the owner of the information resource has deleted information containing calls for mass riots, the implementation of extremist activities, participation in mass (public) events held in violation of the established procedure, he sends a notification of this to the federal executive body performing the functions of control and supervision in the field of mass media, mass communications, information technology and communications. Such notification can also be sent electronically.
6. After receiving the notification specified in this article and verifying its authenticity, the federal executive body exercising control and supervision functions in the field of mass media, mass communications, information technology and communications is obliged to immediately notify the communication operator providing services for the provision of access to the information and telecommunications network "Internet", on the resumption of access to the information resource, including the site on the Internet.
7. After receiving the notification specified in this article, the telecom operator immediately resumes access to the information resource, including the site on the Internet.
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 and 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) its transfer 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 the prescribed manner 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 the 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. In the event that 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 on storing information and providing access to it, provided that this person could not know about the illegality of the dissemination of information.
4. The hosting provider and the owner of the Internet site are not liable to the copyright holder and to the user for restricting access to information and (or) restricting its distribution in accordance with the requirements of this Federal Law.
(Part 4 is introduced by the Federal Law of 02.07.2013 N 187-FZ)
Article 18. About invalidation of certain legislative acts (provisions of legislative acts) of the Russian Federation
From the date this Federal Law enters into force, the following shall be declared 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, 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 public administration "(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 Amending Certain Legislative Acts of the Russian Federation and invalidating some 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).
President of Russian Federation
V. Putin
Informatization affects more and more spheres of the economy and public life. For the comprehensive regulation of legal relations arising from 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 technologies
The scope of storage and exchange of data is governed by several federal laws:
- No. 2124-1 of December 27, 1991, "On the Mass Media";
- No. 5485-I of 21.07.1993 "On state secrets" (concerns the restriction of access to information in order to ensure the safety of the work of state institutions);
- No. 98-ФЗ dated July 29, 2004 "On commercial secrets" (regulates relations related to restricting access to certain data of legal entities);
- No. 152-ФЗ dated July 27, 2006 "On Personal Data".
Summary of FZ 149
The law under consideration 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;
- defining information from the point of view of the law;
- a description of the right to access information and the grounds for restricting it;
- a description of the methods of disseminating information through various communication channels;
- establishing the status of a news aggregator, organizer of information dissemination on the Internet, operator search engine, the owner of the service with audio and video content;
- the procedure for regulating the sphere of data exchange at the state level;
- description of information systems and the mode of their use;
- the procedure for maintaining a unified register of domain names;
- grounds for restricting access to certain information and sites;
- measures of responsibility;
- the procedure for the entry into force of a normative act.
Article 1.
- realization of the right of citizens and organizations to produce data, transfer, search, store;
- data protection;
- the use of technology in the information sphere.
Article 2.
The article gives definitions of the 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 approved basic principles 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 the legal acts of the Russian Federation;
- information about the work of the state. bodies 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 are permissible only with the consent of the citizen;
- it is inadmissible to grant priority to certain technologies at the level of legal acts, if the obligation to use a certain technology is not established by the 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:
- The 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;
restricted data.
Article 6
The text regulates the status of the owner of the information... It can be a citizen, any organization, government body. The holder of the information can:
- transfer data under a contract or otherwise;
- stop access to the information of certain persons or allow it;
- use the information at your own discretion.
The owner is obliged:
- protect data;
- restrict access to information that cannot be freely distributed 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, the distribution of which is not limited. For example, common knowledge.
Article 8
Established rules governing the right to access information. Briefly, it can be characterized as follows: citizens and representatives of organizations can use any sources to obtain the necessary data.
Public authorities are obliged to respond to inquiries from individuals if the appeal 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, 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 state. secrets, private life of citizens, official or professional secrets, etc. People who have gained access to restricted data cannot transfer it to third parties.
Article 10.
Some features of data dissemination are regulated here. If the dissemination of information occurs 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 the basic rules for working with messages signed with a digital signature.
Art. 12
Here are the directions of the state's activity in the field of application of the law number 149-FZ:
- regulation of relations arising in connection with the creation and exchange of information;
- protection of minors from unwanted data;
- creation of favorable conditions for the development of telecommunication networks;
- development of information systems.
Art. 13
The norms of this part of the law relate to 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. fourteen
The article reveals the basics of the work of state information systems. Such resources are created to ensure 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 for a rule that makes it possible to require 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 protection. The measures taken should:
- ensure free access to all persons who have the right to use the information;
- promote compliance with a special regime for the use of information, if it is established;
- prevent misuse of data, their modification, deletion, and other illegal actions.
Information holders should:
- 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 they are unlawfully deleted or changed.
Art. 17
The article approves the measures of responsibility for violation of the rules in the field of information circulation.
Employees who use restricted information may be disciplined for disclosing information.
Damage can be compensated through the courts in the framework of civil liability.
In some cases, it is possible to overlap administrative penalty... For example, if a municipal media outlet 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. eighteen
List of regulatory documents that cease to be effective after the adoption of FZ-149.
Internet Dissemination Act
The Russian Federation did not adopt a separate legal act that would regulate the exchange of data on the Internet.
These legal relationships are governed by the provisions of Articles 10.1-10.5 FZ-149.
Changes and amendments to the law
FZ-149 has been amended several times. Most often, new articles were added to the document that dealt with handling a certain data set.
For example, since September 2015, the personal data of citizens must be stored 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 relate to the creation and operation of a system for identifying citizens based on their biometric data.
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT INFORMATION, INFORMATION TECHNOLOGIES
AND ABOUT THE PROTECTION OF INFORMATION
Accepted
The State Duma
Approved
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, from 02.07.2013 N 187-FZ)
Article 1. Scope of this Federal Law
1. This Federal Law regulates relations arising from:
1) the 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 shall not apply to relations arising from the legal protection of the results of intellectual activity and the means of individualization equivalent to them, with the exception of the cases provided for by this Federal Law.
(as amended by Federal Law of 02.07.2013 N 187-FZ)
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 criteria;
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 tangible medium by documenting information with details that allow one to determine such information or, in cases established by the legislation of the Russian Federation, its tangible medium;
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;
(Clause 11.1 was introduced by the Federal Law of 27.07.2010 N 227-FZ)
12) operator of an information system - a citizen or a legal entity carrying out activities for the operation of the information system, including the processing of 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 referred to as the "Internet" network) 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 July 28, 2012, as revised by No. 112-FZ Federal Law of June 7, 2013)
14) page of a site on the Internet (hereinafter also referred to as the Internet page) - a part of a site on the Internet, access to which is carried out by an index consisting of a domain name and symbols determined by the owner of the site on the Internet;
(Clause 14 was introduced by the Federal Law of 28.07.2012 N 139-FZ)
15) domain name - a symbolic designation intended for addressing sites on the Internet in order to provide access to information posted on the Internet;
(Clause 15 introduced by the Federal Law of 28.07.2012 N 139-FZ)
16) network address - an identifier in the data transmission network, which determines the subscriber terminal or other means of communication included in the information system in the provision of telematic communication services;
(Clause 16 introduced by the Federal Law of 28.07.2012 N 139-FZ)
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;
(Clause 17 was introduced by the Federal Law of 28.07.2012 N 139-FZ)
18) hosting provider - a person providing services for the provision of computing power for placing information in an information system permanently connected to the Internet;
(Clause 18 was introduced by the Federal Law of 28.07.2012 N 139-FZ)
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 was 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 of 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) the 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 of 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 a person's private life 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 not established by federal laws.
Article 4. Legislation of the Russian Federation on information, information technologies and information protection
1. The legislation of the Russian Federation on information, information technologies 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. Legal regulation of relations related to the organization and activities of the media is carried out in accordance with the legislation of the Russian Federation on the media.
3. The procedure for storing and using the documented information included in the archival funds is established by the legislation on archival affairs 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 of 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), 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 information owner 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 manner established by law in the event of illegal receipt of information or its illegal use by other persons;
5) carry out other actions with information or authorize the implementation of such actions.
4. The owner of the 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 with respect to the dissemination of such information.
3. The owner of information that has become publicly available by his decision has the right to demand that the persons disseminating such information 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 in order to reuse it is publicly available 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 can 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 the Federal Law of 07.06.2013 N 112-FZ)
6. If the posting of information in the form of open data may entail a violation of the rights of 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 posting 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 should 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 prescribed 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 self-government bodies;
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 collections 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 who wants to get 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 deliberately 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. 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. Restrictions on access to information are 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. It is obligatory to observe the confidentiality of information, access to which is limited by federal laws.
3. Protection of information constituting a state secret shall be carried out in accordance with the legislation of the Russian Federation on state secrets.
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) shall be protected 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 for fulfilling obligations to maintain the confidentiality of information constituting a professional secret may be limited only with the consent of the citizen (individual) who provided such information about himself.
8. 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 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 using the mass media must include reliable information about its owner or about another person disseminating information, in a form and in an amount that are sufficient to identify such a person.
3. 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 of information with the opportunity to refuse such information.
4. The provision of information is carried out in accordance with the procedure established by the agreement of the persons participating in the exchange of information.
5. Cases and conditions for the mandatory dissemination of information or the provision of information, including the provision of mandatory copies of documents, are established by federal laws.
6. It is prohibited to disseminate information that is aimed at propaganda of war, incitement to 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. Documentation of 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. For the purpose of concluding civil law contracts or formalizing other legal relations in which persons exchanging electronic messages participate, the exchange of electronic messages, each of which is signed with an 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.
(as amended by Federal Law of 06.04.2011 N 65-FZ)
5. Ownership and other property 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 governments with information, as well as ensuring the interaction of such systems;
3) creation of conditions for the effective use of information and telecommunication networks in the Russian Federation, including the Internet and other similar information and telecommunication networks;
4) ensuring information security of children.
(Clause 4 was introduced by the Federal Law of 21.07.2011 N 252-FZ)
2. State bodies, local self-government bodies, 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 the local government;
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 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 self-government bodies.
4. Lists of the 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 must ensure the placement of such information on the Internet in the form of open data.
(as amended by 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 the unified identification and authentication system.
(Part 4.1 is introduced by the Federal Law of 07.06.2013 N 112-FZ)
5. Unless otherwise established by the 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. In this case, 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 commissioning certain state information systems.
7. Operation of the state information system is not allowed without proper registration of rights to use its components, which 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 unlawful access, destruction, modification, blocking, copying, provision, distribution and other illegal actions.
(as amended by Federal Law of 27.07.2010 N 227-FZ)
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 the use of such networks, as well as for non-compliance with the requirements established by federal laws.
4. Federal laws may provide for mandatory identification of a person, organizations using an information and telecommunications network when carrying out 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, which makes it possible to identify the sender of the electronic message, and in cases established by federal laws or by agreement of the parties, it 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 conditions 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
(introduced by the Federal Law of 28.07.2012 N 139-FZ)
1. In order to restrict access to sites on the Internet, containing information, the distribution of which is prohibited in the Russian Federation, a unified automated information system is being created "Unified Register of Domain Names, Indexes of Site Pages 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 the functions of control and supervision 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 including the information specified in part 2 of this article in the register 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 about the 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;
(clause "g" was introduced by the Federal Law of 05.04.2013 N 50-FZ)
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 communications operator providing services for providing access to the information and telecommunications network" Internet ", to a 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 on the inclusion of the domain name and (or) the index of the site 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 about 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 be obliged 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 has 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 interaction between the registry operator and 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 15.2. The procedure for restricting access to information disseminated in violation of exclusive rights to films, including films, television films
(introduced by the Federal Law of 02.07.2013 N 187-FZ)
1. The rightholder in case of detection in information and telecommunication networks, including the Internet, films, including films, television films, or information necessary to obtain them using information and telecommunication networks, which are distributed without his permission or other legal basis, has the right to apply to the federal executive body exercising control and supervision functions in the field of mass media, mass communications, information technology and communications, with an application to take measures to restrict access to information resources that distribute such films or information, on the basis of a judicial act that has entered into force. The form of the said application is approved by the federal executive body exercising control and supervision functions in the field of mass media, mass communications, information technology and communications.
2. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, on the basis of a judicial act that has entered into force, within three working days:
1) determines the hosting provider or other person providing placement in the information and telecommunication network, including the Internet, of the specified information resource serving the owner of the Internet site, which contains information containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, without the permission of the copyright holder or other legal basis;
2) sends to the hosting provider or other person specified in clause 1 of this part in electronic form a notification in Russian and English about the violation of exclusive rights to films, including films, television films, indicating the title of the work, its author, copyright holder, domain name and a network address that allows you to identify a site on the Internet that contains information containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, without the permission of the copyright holder or other legal basis, and also pointers to the pages of the site on the Internet, allowing the identification of such information, and with the requirement to take measures to remove such information;
3) fixes the date and time of sending the notification to the hosting provider or other person specified in clause 1 of this paragraph in the relevant information system.
3. Within one working day from the date of receipt of the notification specified in clause 2 of part 2 of this article, the hosting provider or other person specified in clause 1 of part 2 of this article must inform the owner of the information resource they serve and notify him of the need to immediately delete illegally posted information and (or) take measures to restrict access to it.
4. Within one business day from the moment of receipt from the hosting provider or other person specified in clause 1 of part 2 of this article, a notification about the need to delete illegally posted information, the owner of the information resource is obliged to delete such information. In the event of refusal or inaction of the owner of the information resource, the hosting provider or another person specified in clause 1 of part 2 of this article must restrict access to the corresponding information resource no later than three working days from the date of receipt of the notification specified in clause 2 of part 2 of this article.
5. If the hosting provider or other person specified in clause 1 of part 2 of this article and (or) the owner of the information resource does not accept the measures specified in parts 3 and 4 of this article, the domain name of the site on the Internet, its network address, pointers pages of the site on the Internet, allowing to identify information containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, and posted without the permission of the copyright holder or other legal basis, as well as other information about this site and information are sent through the interaction system to telecom operators to take measures to restrict access to this information resource, including the site on the Internet, or to information posted on it.
6. The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, on the basis of an effective judicial act within three working days from the date of receipt of the judicial act on the abolition of restrictions on access to information a resource containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, which are distributed without the permission of the copyright holder or other legal basis, notifies the hosting provider or another person specified in paragraph 1 of part 2 of this article and telecom operators on the abolition of measures to restrict access to this information resource.
7. Within 24 hours from the moment of receipt through the interaction system of information about an information resource containing films, including films, television films, or information necessary to obtain them using information and telecommunication networks, which are distributed without the permission of the copyright holder or other legal basis, A telecom operator providing services for providing access to the information and telecommunication network "Internet" is obliged to restrict access to such information resource, including the site on the Internet, or to the page of the site.
8. The procedure for the functioning of the information system of interaction is established by the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications.
9. The procedure provided for by this article does not apply to information subject to inclusion in the register in accordance with article 15.1 of this Federal Law.
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) its transfer 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 the prescribed manner 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 the 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. In the event that 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 on storing information and providing access to it, provided that this person could not know about the illegality of the dissemination of information.
4. The hosting provider and the owner of the Internet site are not liable to the copyright holder and to the user for restricting access to information and (or) restricting its distribution in accordance with the requirements of this Federal Law.
(Part 4 is introduced by the Federal Law of 02.07.2013 N 187-FZ)
Article 18. About invalidation of certain legislative acts (provisions of legislative acts) of the Russian Federation
From the date this Federal Law enters into force, the following shall be declared 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, 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 public administration "(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 Amending Certain Legislative Acts of the Russian Federation and invalidating some 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
V. PUTIN
Moscow Kremlin