Federal Law “On Information. Law on Information and Information Security Clause 4 of Article 8 of Federal Law 149

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;
Art. 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 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.

Valid Editorial from 07.06.2013

Name of document	FEDERAL LAW of July 27, 2006 N 149-FZ (as amended on June 7, 2013 with amendments that entered into force on July 1, 2013) “ON INFORMATION, INFORMATION TECHNOLOGIES AND INFORMATION PROTECTION”
Document type	law
Receiving authority	President of the Russian Federation, State Duma of the Russian Federation, Federation Council of the Russian Federation
Document Number	149-FZ
Acceptance date	09.08.2006
Revision date	07.06.2013
Date of registration with the Ministry of Justice	01.01.1970
Status	valid
Publication	The document was not published in this form (as amended on July 27, 2006 - "Rossiyskaya Gazeta", N 165, 07/29/2006 "Financial newspaper. Regional issue", N 35, 2006)
Navigator	Notes

FEDERAL LAW of July 27, 2006 N 149-FZ (as amended on June 7, 2013 with amendments that entered into force on July 1, 2013) “ON INFORMATION, INFORMATION TECHNOLOGIES AND INFORMATION PROTECTION”

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

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

(as amended by Federal Laws dated July 28, 2012 N 139-FZ, dated June 7, 2013 N 112-FZ)

(as amended by Federal Law dated July 28, 2012 N 139-FZ)

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

(as amended by Federal Law dated July 28, 2012 N 139-FZ)

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

(as amended by Federal Law dated July 28, 2012 N 139-FZ)

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

(as amended by Federal Law dated July 28, 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.

(as amended by Federal Law dated July 28, 2012 N 139-FZ)

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

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.

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.

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 order of 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.

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

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.

4. Information posted by its owners on the Internet in a format that allows automated processing without preliminary changes by a person for the purpose of reuse is publicly available information posted in the form of open data.";

5. Information in the form of open data is posted on the Internet, taking into account the requirements of the legislation of the Russian Federation on state secrets. If posting information in the form of open data may lead to the dissemination of information constituting a state secret, the posting of this information in the form of open data must be stopped at the request of the body empowered to dispose of such information.

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 placement of this information in the form of open data must be stopped by decision court If the placement 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 placement of information in the form of open data must be suspended or terminated at the request of the authorized body for the protection of the rights of subjects personal data.

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, including using information and telecommunication networks, including the Internet, to information about their activities in Russian and the state language of the corresponding republic within the Russian Federation in accordance with federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local governments. A person wishing to gain access to such information is not required to justify the need to obtain it.

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

7. If losses were caused as a result of an unlawful refusal of access to information, untimely provision of information, provision of information that was knowingly unreliable or inconsistent with the content of the request, 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.

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.

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.

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.

Part 3. - Lost force.

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 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.

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.

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. In cases and in the manner established by federal laws, the information system operator must ensure the possibility of posting information on the Internet in the form of open data.

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.

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. In the event that during the creation or operation of state information systems it is intended to implement or process publicly available information provided for by the lists approved in accordance with Article 14 of the Federal Law of February 9, 2009 N 8-FZ "On ensuring access to information on the activities of state bodies and local governments", state information systems must ensure the placement of such information on the Internet in the form of open data.

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

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. The information contained in government 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 provided for 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 dated July 28, 2012 N 139-FZ)

1. In order to limit access to sites on the Internet containing information the dissemination of which is prohibited in the Russian Federation, a unified automated information system is being created “Unified Register of domain names, indexes of pages of sites on the Internet and network addresses that allow the identification of 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) page indexes of sites on the Internet containing information the distribution of which is prohibited in the Russian Federation;

2) network addresses that allow you to identify sites on the Internet containing information the distribution of which is prohibited in the Russian Federation.

3. The creation, formation and maintenance of the register are carried out by the federal executive body authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation.

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

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

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

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

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

C) information about methods of committing suicide, as well as calls to commit suicide;

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

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

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

7. Within 24 hours from the moment of receipt from the registry operator of a notification about the inclusion of a domain name and (or) index of a site page on the Internet in the registry, the hosting provider is obliged to inform the owner of the Internet site it serves about this and notify him of the need immediate deletion of an 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 a notification about the inclusion of a domain name and (or) index of a site page on the Internet in the register, the owner of a site on the Internet is obliged to delete the Internet page containing information that is distributed in the Russian Federation. Federation is prohibited. In case of refusal or inaction of the owner of a site on the Internet, the hosting provider is obliged to limit access to such site on the Internet for 24 hours.

9. If the hosting provider and (or) owner of the Internet site fails to take the measures specified in parts 7 and 8 of this article, a network address allowing identification of the Internet site 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 distribution of which is prohibited in the Russian Federation, a telecom operator providing services for providing access to the Internet information and telecommunications network is 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 media, mass communications, information technology and communications, or the registry operator engaged by it in accordance with Part 4 of this article, excludes from the registry the domain name, 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 a request from the owner of the site on the Internet, a hosting provider or a telecommunications operator providing services for providing access to the information and telecommunications network “Internet”, no later than within three days from the date of such request after taking measures to remove information, the distribution 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 authorized by the Government of the Russian Federation to include a domain name, index in the register page of a site on the Internet or a network address that allows you to identify 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 information contained in the registry by a telecom operator providing services for providing access to the Internet information and telecommunications network are established by the federal executive body authorized by the Government of the Russian Federation.

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 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.

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;

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, No. 2, Art. 167);

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

5) Federal Law of June 29, 2004 N 58-FZ “On amendments to certain legislative acts of the Russian Federation and invalidation 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, N 27, art. 2711).

President of Russian Federation
V. PUTIN

Moscow Kremlin

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On the Zakonbase website you will find the FEDERAL LAW dated 07/27/2006 N 149-FZ (as amended on 06/07/2013 with amendments that entered into force on 07/01/2013) "ON INFORMATION, INFORMATION TECHNOLOGIES AND ON INFORMATION PROTECTION" in the latest and full version , in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the FEDERAL LAW of July 27, 2006 N 149-FZ (as amended on June 7, 2013 with amendments that entered into force on July 1, 2013) “ON INFORMATION, INFORMATION TECHNOLOGIES AND INFORMATION PROTECTION” completely free of charge, both in full and separate chapters.

Article 1. Scope of this Federal Law
Article 2. Basic concepts used in this Federal Law
Article 3. Principles of legal regulation of relations in the field of information, information technology and information protection
Article 4. Legislation of the Russian Federation on information, information technologies and information protection
Article 5. Information as an object of legal relations
Article 6. Owner of information
Article 7. Public information
Article 8. Right of access to information
Article 9. Restriction of access to information
Article 10. Dissemination of information or provision of information
Article 10.1. Responsibilities of the organizer of information dissemination on the Internet
Article 10.2. Features of the blogger’s dissemination of publicly available information. (No longer valid)
Article 10.3. Responsibilities of a search engine operator
Article 10.4. Features of information dissemination by a news aggregator
Article 11. Documentation of information
Article 11.1. Exchange of information in the form of electronic documents in the exercise of powers of state authorities and local governments
Article 12. State regulation in the field of application of information technologies
Article 13. Information systems
Article 14. State information systems
Article 15. Use of information and telecommunication networks
Article 15.1. A unified register of domain names, page indexes of sites on the Internet and network addresses that allow identification of sites on the Internet containing information the distribution of which is prohibited in the Russian Federation
Article 15.2. The procedure for restricting access to information distributed in violation of exclusive rights to films, including movies, television films
Article 15.3. The procedure for restricting access to information distributed in violation of the law
Article 15.4. The procedure for restricting access to the information resource of the organizer of information dissemination on the Internet
Article 15.5. The procedure for restricting access to information processed in violation of the legislation of the Russian Federation in the field of personal data
Article 15.6. The procedure for restricting access to sites on the Internet on which information containing objects of copyright and (or) related rights, or information necessary to obtain them using information and telecommunication networks, including the Internet, has been repeatedly and unlawfully posted.
Article 15.6-1. The procedure for restricting access to copies of blocked sites
Article 15.7. Extrajudicial measures to stop the violation of copyright and (or) related rights in information and telecommunication networks, including on the Internet, taken at the request of the copyright holder
Article 15.8. Measures aimed at countering the use of information and telecommunication networks and information resources on the territory of the Russian Federation, through which access to information resources and information and telecommunication networks is provided, access to which is limited on the territory of the Russian Federation
Article 16. Information protection
Article 17. Responsibility for offenses in the field of information, information technology and information protection
Article 18. On the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation

Currently, the current legislation is based on a normative document that regulates the procedure, rules and requirements for the provision of information. Few people know what it is, and even more so those who have nothing to do with jurisprudence. Some nuances and norms of this legal act are set out in this article.

Glossary of terms used in the law

Some terms and definitions that are used in the said normative act are more clearly defined by the legislator so that citizens do not have doubts or ambiguity. So, among these definitions there are the following:

From the point of view of the specified document, information means any information that can be expressed in the form of messages or other form. Moreover, they can be provided to third parties in any form.
Information technologies are all kinds of methods, methods, and processes provided for by law that are used to discover, store, use and apply information.
The owner of information is the person who produced it on his own or received it on the basis of any transaction provided for by law from other persons. The owner may also be a legal entity.
Providing information - this definition means any action that is aimed at transferring it from one person to another. In this case, the recipient can be either a specific person or an indefinite circle of recipients.
Access to information is a legally and physically secured opportunity for recipients to acquire information. The types and forms of this access are determined by the relevant regulatory documents that regulate certain specific legal relationships in people's lives.
Confidentiality is a requirement that is imposed on persons who have access to information, and consists of a prohibition on their disclosure without the permission of the owner of the information.

Just a few of the concepts are listed here. For more complete information about all the definitions used in you need to look directly into it.

Types of information

So what is information? The Law “On Information, Information Technologies and Information Protection” reveals its essence as an object of legal relations. It can be the direct object of not only civil legal relations, but also public, government, and others. As a general rule, the information received is free to disseminate. That is, the person who received it has the right to transfer it to other persons. However, this rule applies only in cases where it is not confidential. Confidentiality, in turn, can be established both on the basis of any agreement concluded between the parties, and on the basis of legislation. For example, the law regulating operational investigative activities establishes the secrecy of information. Only persons specifically authorized to do so can gain access to it. Providing confidential information is possible only with the consent of its owner or on the basis of a judicial act.

Based on the above, it can be divided into the following categories:

distributed freely and without restrictions;
distribution of which is possible only in accordance with the agreement;
the distribution of which is possible only on the basis of laws;
the distribution of which is prohibited or limited on the territory of the Russian Federation.

Holders of information

Let's take a closer look at who is the owner of the information. regulating this issue, it is established that such persons can be individuals, organizations, as well as the Russian Federation itself. Subjects of the Russian Federation and municipalities can also be owners. If the person in question is the last three named entities, then on their behalf the rights and obligations are exercised by the relevant authorized officials. The powers of all holders include the following powers:

provide or partially provide access to information, establish the procedure for providing information and methods of this access;
use proprietary information at your own discretion;
provide information to other persons by concluding any agreement or in cases specified by law;
assert your rights to information if they are violated by third parties;
exercise other rights provided for or not prohibited by law.

In addition to rights, the owner is also assigned certain responsibilities. These include respect for the interests of third parties and their legal rights. The owner of the information must also protect the information at his disposal, and if it is confidential, then limit access to it.

Public Information

This type includes all information that is in the public domain. Usually this also includes information that does not have restricted access. Providing information that is not limited by anyone is essentially free of charge. However, it may have an owner who may require that those using it indicate him as the owner.

Right to information

Citizens and legal entities can obtain information by any not prohibited methods. They can search for it in all publicly available resources or write a statement requesting information. An example is the Internet, where an unlimited amount of free data is freely available. In addition, these persons have the right to demand that they receive the information they need from government bodies or other organizations. A request for information is sent by him to the owner of the information of interest, who, in turn, considers the request, and if the requested information is not protected by law or is not restricted for distribution, then he transfers the information to the applicant. It is understood that a person has the right to receive them if they affect his rights and obligations. a list has been established to which access cannot be prohibited or otherwise limited. This is the information:

about the state of the environment;
on the implementation by state bodies of their activities;
on laws and other regulations;
located in libraries and other places open to the public;
another, permitted for distribution.

To receive them, you need to issue a letter of information provision and submit it to the appropriate authority.

Access limitation

General provisions for access restrictions are established in Art. 9 of the normative act under consideration. It states that these forms of providing information are regulated by the laws of the Russian Federation. This may be due to various factors. One of them is considered to be: protecting the constitutional system of the country, the health and safety of people, their interests, as well as preserving the defense capability of Russia. This, of course, is not the only reason to restrict access. The legislator determined that the restriction can be subdivided depending on the nature of confidentiality of the information. So, it may have a banking, service or some other kind. Accordingly, depending on the type of information, it is regulated by a special law. For example, the procedure for protecting and disseminating bank secrecy is described in the legislation regulating banking activities. It describes the procedure for disclosing information, as well as listing the cases and persons to whom it can be transferred.

Spreading

In order to provide information, the regulatory document stipulates that its distribution occurs freely in Russia, but only in accordance with the laws. It is also determined that the information disseminated must be reliable. This requirement applies not only to the content of the information itself, but also to information about the owner or distributor. In other words, the person receiving the information should be free (if desired) to find out who distributed it. For example, a site posting any message on the Internet must indicate its name (name of organization or full name of a citizen), place of registration or location where the owner (distributor) can be found, other contact information, including phone numbers and email addresses. Special requirements apply to such methods of distribution as transmission by sending electronic messages or postal letters. In such cases, the sender must provide the recipient with the opportunity to opt out of receiving this information. A good example is advertising SMS mailings, which senders can send to their customers only if they receive appropriate permission from them.

Fixing

The forms for providing information stipulate that in some cases the information transmitted by the parties to each other must be documented. This obligation is imposed on counterparties either by law or by an agreement signed between them. In government agencies, documentation is mandatory, and it is carried out in the manner determined by the government. For this purpose, special rules are issued. For implementation purposes, between citizens, as well as between organizations, including government ones, the procedure for using an electronic signature is established. In certain situations, parties are required to transmit information using such a signature.

Protection

The analyzed law “On Information, Information Technologies and Information Protection” establishes measures that must be taken by the state and other persons in order to protect it. So, among the list of these measures there are organizational, technical and, of course, legal measures. They are undertaken by stakeholders to:

safety of information from attacks on it by third parties, from their subsequent commission of any illegal actions, from destruction, copying or distribution of information;
maintaining secrecy;
ensuring access to information.

The state, while carrying out its functions, is obliged to take the necessary actions to protect. They are expressed in establishing minimum requirements for relations associated with obtaining information, as well as in determining liability for their unlawful disclosure or other illegal actions. Security requirements include, in particular:

Prevention of unauthorized access and subsequent transfer to third parties who do not have the right to do so.
If possible, establish facts of illegal access.
Preventing negative results that may arise in case of violation of the established procedure for obtaining information.
Constant control.

Responsibility

As stated above, one of the functions of the state is to establish measures aimed at protecting information. For these purposes, the legislative body enacts laws and other regulations that provide for liability for the unlawful use of information. Responsibility, of course, is graded depending on the degree of socially dangerous act. It may be provided for by different laws and codes. So, if the violation is very serious, then criminal liability may be applied to the culprit. Slightly less dangerous actions may entail liability established by administrative law. As a rule, punishment for such offenses is limited to fines. If the offense of the guilty person has no signs of either a criminal or an administrative act, then liability may be disciplinary (if the offender is an employee).

Thus, the law in question defines only the basic provisions governing the relations between the parties. More detailed information about how it is distributed, what deadlines for providing information and other important points are determined by special regulations issued for certain legal relations. Compliance with all legal norms by both the owners and recipients of information will collectively ensure its proper circulation and will not allow third parties to violate the rights and interests of other citizens and organizations.

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 for 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, Russian Federation, subject of the Russian Federation, 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

Article 9. Restriction of access to information

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

Article 16. Information protection

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.