Truth in Information Law. Federal Law “On Information. Right to information

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 that are intended and (or) used for receiving, transmitting, delivering and (or) processing electronic messages Internet users.

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 media, mass communications, information technology and communications, about the start of the activities specified in Part 1 of this article.

3. The organizer of information dissemination on the Internet is obliged to store on the territory of the Russian Federation:

1) information about the facts of reception, transmission, delivery and (or) processing of voice information, written text, images, sounds, video or other electronic messages of Internet users and information about these users within one year from the date of completion of such actions;

2) text messages of Internet users, voice information, images, sounds, video, and other electronic messages of Internet users up to six months from the end of their reception, transmission, delivery and (or) processing. The procedure, terms and volume of storage of the information specified in this subparagraph are established by the Government of the Russian Federation.

3.1. The organizer of the dissemination of information on the Internet is obliged to provide the information specified in Part 3 of this article to authorized state bodies carrying out operational intelligence 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 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 take measures to prevent the disclosure of organizational and tactical methods for carrying out these activities. The procedure for interaction between organizers of information dissemination on the Internet and authorized government bodies carrying out operational intelligence activities or ensuring the security of the Russian Federation is established by the Government of the Russian Federation.

4.1. The organizer of the dissemination of information on the Internet is obliged, when using additional encoding of electronic messages for receiving, transmitting, delivering and (or) processing electronic messages of Internet users and (or) when providing Internet users with the possibility of additional encoding of electronic messages, to provide to the federal executive body in the field of security, information necessary for decoding received, transmitted, delivered and (or) processed electronic messages.

4.2. The organizer of the dissemination of information on the Internet in the event of carrying out activities to ensure the functioning of information systems and (or) programs for electronic computers that are intended and (or) used for the exchange of electronic messages exclusively between users of these information systems and (or) programs for electronic computers, in which the sender of the electronic message determines the recipient or recipients of the electronic message, does not provide for the placement by Internet users of publicly available information on the Internet and the transmission of electronic messages to an indefinite number of persons (hereinafter referred to as the organizer of the instant messaging service), is also obliged :

1) identify Internet users, the transmission of electronic messages of which is carried out by the organizer of the instant messaging service (hereinafter referred to as users of the instant messaging service), by the subscriber number of the mobile radiotelephone operator in the manner established by the Government of the Russian Federation, on the basis of an identification agreement , concluded by the organizer of the instant messaging service with the mobile radiotelephone operator, except for the cases provided for by this Federal Law;

2) within 24 hours from the moment of receipt of the corresponding request from the authorized federal executive body, limit the ability of the user of the instant messaging service specified in this requirement to transmit electronic messages containing information the distribution of which is prohibited in the Russian Federation, as well as information distributed in violation requirements of the legislation of the Russian Federation, in the manner determined by the Government of the Russian Federation;

3) provide the technical ability for users of the instant messaging service to refuse to receive electronic messages from other users;

4) ensure the confidentiality of transmitted electronic messages;

5) ensure the possibility of transmitting electronic messages at the initiative of government bodies in accordance with the legislation of the Russian Federation;

6) prevent the transfer of electronic messages to users of the instant messaging service in cases and in the manner determined by the Government of the Russian Federation.

4.3. The organizer of the instant messaging service, which is a Russian legal entity or a citizen of the Russian Federation, has the right to identify users of the instant messaging service independently by determining the mobile radiotelephone subscriber number of the user of the instant messaging service. The Government of the Russian Federation may establish requirements for the procedure for determining the subscriber number of a mobile radiotelephone communication of a user of an instant messaging service by an organizer of an instant messaging service who is a Russian legal entity or a citizen of the Russian Federation.

4.4. The organizer of the instant messaging service, which is a Russian legal entity or a citizen of the Russian Federation, is obliged to store information about the identification of the subscriber number of the mobile radiotelephone communication of the user of the instant messaging service (hereinafter referred to as identification information about the subscriber number) only on the territory of the Russian Federation. Providing identification information about a subscriber number to third parties can only be done with the consent of the user of the instant messaging service, except for cases provided for by this Federal Law and other federal laws. The obligation to provide evidence of obtaining the consent of the user of the instant messaging service to provide third parties with identification information about the subscriber number of this user of the instant messaging service rests with the organizer of the instant messaging service.

5. The obligations provided for by this article do not apply to operators of state information systems, operators of municipal information systems, telecom 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 determines a list of personal, family and household needs when carrying out the activities specified in Part 1 of this article.

6. The composition of 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 investigative activities or ensuring the security of the Russian Federation, as well as the procedure for monitoring the activities of organizers of the dissemination of information in the Internet network associated 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.

1. This Federal Law regulates relations arising when:

1) exercising the right to search, receive, transmit, produce and disseminate information;

2) application of information technologies;

3) ensuring information security.

Some of the basic concepts used in this Federal Law.

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

2) information technologies - processes, methods of searching, collecting, storing, processing, providing, distributing information and methods of implementing such processes and methods;

3) information system - a set of information contained in databases and information technologies and technical means that ensure 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 agreement, the right to permit 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;

Article 5. Information as an object of legal relations

1. Information may be the object of public, civil and other legal relations.

Article 6. Owner of information

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

Article 7. Public information

1. Public information includes generally known information and other information to which access is not limited.

Article 8. Right of access to information

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

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 system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.

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.

Article 13. Information systems

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

Article 16. Information protection

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

2) maintaining the confidentiality of restricted information;

3) implementation of the right to access information.

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.

The Federal Law on Information Security dated July 27, 2006, relates to the section of legislation on state secrets.

State secret is material protected by the state in the sphere of its military, foreign policy, economic, intelligence and operational investigative activities. The dissemination of relevant information could cause serious damage to Russia's security.

The Federal Law on Information Protection was adopted by members of the State Duma on July 8, 2006 and approved by the Federation Council on July 14 of the same year. The content of the resolution is somewhat different from other legal acts of the Russian Federation. 149 of the Federal Law “On Information, Information Technologies and Information Protection” includes only articles; the law is not divided into separate chapters.

The Information Law contains 18 articles:

• Art. 1. Scope of the Federal Law;
• Article 2. Main concepts of the Federal Law;
• Article 3. Norms of legal regulation of relationships;
• Article 4. Legislation of the Russian Federation regarding information, information technology and information protection;
• Art. 5. Information as an object of legal relationships;
• Art. 6. Holder of information;
• Article 7. Public information;
• Art. 8. Right to access information;
• Article 9. Restrictions on access to certain information;
• Art. 10. Providing material or distributing it;
• Art. 11. Documentation of material;
• Article 12. Nationwide regulation in the field of application of information technologies;
• Art. 13. Information Systems;
• Article 14. State information systems;
• Art. 15. Application of information and telecommunication networks;
• Article 16. Legal protection of information;
• Article 17. Responsibility for offenses;
• Art. 18. On the recognition as invalid of certain legal acts of the Russian Federation.

The latest changes to the law on information security of the Russian Federation were made on May 1, 2017. Law No. 149-FZ regulates the relations that arise when exercising the rights to search, receive, transmit, produce and disseminate information. And also when using information technology and ensuring the protection of information.

Read also 282 Federal Law on statistical accounting. Latest edition

Text of Federal Law 149

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

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

Latest changes made to the information law

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

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

Article 2

The latest changes approved by the Russian Federation were made on June 29, 2015. Clause 20 was added regarding the search system, which searches for information of certain content on the Internet. Used to carry out state and city functions, and other public powers established by Federal Law.

Article 3

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

Article 4

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

Article 7

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

Part 5 tightened measures regarding the dissemination of information that relates to state secrets. At the request of the relevant body for the protection of the rights of subjects, the publication of information in the form of open data will have to be suspended or stopped altogether.

Article 8

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

Article 13

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

Article 15

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

Questions for working with regulations:

What relations are regulated by Federal Law No. 149-FZ?

How are the concepts of “information”, “information systems”, “information technologies” defined in Law No. 149-FZ?

Define the goals and objectives of building an information society in Russia (“Strategy…”)

Determine the main directions of development of the information society in Russia (State program “Information Society...”)

1. Federal Law of the Russian Federation of July 27, 2006 N 149-FZ

   1. About information, information technologies and information protection

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 when:

1) exercising the right to search, receive, transmit, produce and distribute information;

2) application of information technologies;

3) ensuring information security.

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

Article 2. Basic concepts used in this Federal Law

This Federal Law uses the following basic concepts:

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

2) information technologies - processes, methods of searching, collecting, storing, processing, providing, distributing information and methods of implementing such processes and methods;

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

4) information and telecommunications 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 agreement, the right to permit 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 transmitting information to a certain circle of persons;

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

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

11) documented information - information recorded on a tangible medium by documenting with details that make it possible to determine such information or, in cases established by the legislation of the Russian Federation, its material medium;

12) information system operator - a citizen or legal entity engaged in operating an information system, including processing information contained in its databases.

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, transmit, produce and disseminate information in any legal way;

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

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

4) equality of rights for 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) reliability of information and timeliness of its provision;

7) inviolability of private life, inadmissibility of collecting, storing, using and distributing information about the private life of a person without his consent;

8) the inadmissibility of establishing by regulatory legal acts any advantages of using some information technologies over others, unless the mandatory use of certain information technologies for the creation and operation of state information systems is established by federal laws.

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

1. The legislation of the Russian Federation on information, information technology and information protection 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 relations on 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 documented information included in 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 may 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 distribution.

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

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

1) information freely disseminated;

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

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

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

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

Article 6. Holder of information

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

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

3. The owner of 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 disseminating it, at your own discretion;

3) transfer information to other persons under a contract or on other grounds 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 such actions.

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

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

2) take measures to protect information;

3) limit access to information if such an obligation is established by federal laws.

Article 7. Public information

1. Public information includes generally known information and other information to which access is not limited.

2. Public information can be used by any persons at their discretion, subject to the restrictions established by federal laws regarding the dissemination of such information.

3. The owner of information that has become publicly available by his decision has the right to demand that persons distributing such information indicate themselves as the 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 and receive any information in any forms and from any sources, subject to compliance with the requirements established by this Federal Law and other federal laws.

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

3. The organization has the right to receive from state bodies and local self-government bodies information directly related to the rights and obligations of this organization, as well as information necessary in connection with interaction with these bodies when this organization carries out its statutory activities.

4. Access to:

1) regulatory legal acts affecting the rights, freedoms and responsibilities of humans and citizens, as well as establishing the legal status of organizations and the powers of state bodies and local governments;

2) information about the state of the environment;

3) information on the activities of state bodies and local self-government bodies, as well as on the use of budget funds (except for information constituting state or official secrets);

4) information accumulated in open collections of libraries, museums 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 state language of the corresponding republic within the Russian Federation in accordance with federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local self-government bodies. A person wishing to gain access to such information is not required to justify the need to obtain it.

6. Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access to information can be appealed to a higher body or higher official or to the court.

7. If, as a result of an unlawful refusal of access to information, its untimely provision, or the provision of information that is knowingly unreliable or inconsistent with the content of the request, losses were caused, such losses are subject to compensation in accordance with civil law.

8. Information is provided free of charge:

1) on the activities of state bodies and local government bodies, posted by such bodies in information and telecommunication networks;

2) affecting the rights and obligations of the interested person established by the legislation of the Russian Federation;

3) other information established by law.

9. Establishing a fee for the provision by a state body or local government body of information about its activities is possible only in cases and under the conditions established by federal laws.

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 system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.

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

3. Protection of information constituting a state secret is 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 trade secret, official secret and other secret, 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 performance of certain types of activities (professional secrets) is subject to protection in cases where these persons are obligated 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 court decision.

7. The period for fulfilling obligations to maintain the confidentiality of information constituting a professional secret can be limited only with the consent of the citizen (individual) who provided such information about himself.

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 the use of the media must include reliable information about its owner or about another person disseminating information, in a form and volume that is sufficient to identify such person.

3. When using means to disseminate information that allow identifying 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 the manner established by agreement of the persons participating in the exchange of information.

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

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

Article 11. Documenting information

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

2. In federal executive authorities, documentation of information is carried out in the manner established by the Government of the Russian Federation. The rules of office work and document flow established by other state bodies and local 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 authorities.

3. An electronic message signed with an electronic digital signature or another analogue of a handwritten signature is recognized as an electronic document equivalent to a document signed with a handwritten signature, in cases where federal laws or other regulatory legal acts do not establish or imply a requirement for the preparation of such a document on paper. .

4. For the purpose of concluding civil contracts or formalizing other legal relations in which persons exchanging electronic messages participate, the exchange of electronic messages, each of which is signed with an electronic digital signature or other analogue of the handwritten signature of the sender of such a message, in the manner established by federal laws, other regulatory legal acts or agreement of the parties is considered as an exchange of documents.

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

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

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

1) regulation of relations related to the search, receipt, transmission, production and dissemination of information using information technology (informatization), based on 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) creating 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 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, respectively, federal laws, laws of constituent entities of the Russian Federation, on the basis of legal acts of state bodies;

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

3) other information systems.

2. Unless otherwise established by federal laws, the operator of an information system is the owner of the technical means used to process information contained in databases, who lawfully uses such databases, or the person with whom this owner has entered into an agreement on the operation of the information system.

3. The rights of the owner of information contained in information system databases 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 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 governments 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 implement 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 Federal Law No. 94-FZ of July 21, 2005 “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, government agencies, and local governments.

4. Lists of types of information provided on a mandatory basis are established by federal laws, the conditions for its provision - by the Government of the Russian Federation or relevant government 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 carried out 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 established 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. It is not allowed to operate the state information system without properly registering the 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 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 available to 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 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 of information and telecommunication networks in economic or other activities on the territory of the Russian Federation cannot 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 individuals and organizations using the information and telecommunications network when carrying out business 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 to determine the sender of the electronic message, and in cases established by federal laws or an agreement of the parties, he is obliged to conduct such a check.

5. The transfer of information through the use of information and telecommunication networks is carried out without restrictions, subject to compliance with the requirements established by federal laws for the dissemination of information and the protection of intellectual property. The transfer of information may be limited only in the manner and under the conditions established by federal laws.

6. Features of connecting state information systems to information and telecommunication networks can 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. Data protection

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 unlawful actions in relation to such information;

2) maintaining the confidentiality of restricted access information,

3) implementation 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 technologies and information protection.

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

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

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

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

3) preventing the possibility of adverse consequences of violating the procedure for access to information;

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

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

6) constant monitoring of 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 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 were violated in connection with the disclosure of restricted information 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 compensation 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 the protection of information established by the legislation of the Russian Federation, if the adoption of these measures and compliance with such requirements were the responsibilities of this person.

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

1) or by transfer of information provided by another person, provided that it is transferred without changes or corrections;

2) or for storing information and providing access to it, provided that this person could not know about the illegality of the dissemination of information.

Article 18. On the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation

From the date of entry into force of this Federal Law, the following shall be declared invalid:

1) Federal Law of February 20, 1995 No. 24-FZ “On information, informatization and information protection” (Collected Legislation of the Russian Federation, 1995, No. 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 introducing amendments and additions to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On licensing of certain types of activities” (Collected Legislation of the Russian Federation, 2003, N 2 , Art. 167);

4) Article 21 of the Federal Law of June 30, 2003 N 86-FZ “On introducing amendments and additions to certain legislative acts of the Russian Federation, recognizing as invalid certain legislative acts of the Russian Federation, providing certain guarantees to employees of internal affairs bodies, turnover control bodies narcotic drugs and psychotropic substances and the abolished federal tax police bodies in connection with the implementation of measures to improve public administration" (Collected Legislation of the Russian Federation, 2003, No. 27, Art. 2700);

5) Article 39 of the Federal Law of June 29, 2004 N 58-FZ “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain legislative acts of the Russian Federation in connection with the implementation of measures to improve public administration” (Collection of Legislation of the Russian Federation, 2004, No. 27, Art. 2711).

President of the Russian Federation V. Putin

Information Security Doctrine of the Russian Federation

The Information Security Doctrine of the Russian Federation is a set of official views on the goals, objectives, principles and main directions of ensuring information security of the Russian Federation.