Because under the concept " Personal Information" includes such data about a person as last name, first name, patronymic, date and place of birth, address, family, social and property status, education, profession, information on income and much more, then the protection system personal data is needed by virtually any organization. In case of violation of the provisions of Law No. 152-FZ on the protection personal data the company may be brought to trial (up to and including suspension of operations, cancellation of relevant licenses), and the perpetrators may be subject to civil, criminal, administrative, and disciplinary liability. According to the law "On personal data", every enterprise must carry out personal data protection its users through the following means:
- Network access controls
- Leak Controls personal data
- Certified firewalls
- Certified products antivirus protection.
Protection personal data at the final stage of creating the system is the certification of the information system according to the information protection requirements of the Federal Service for Technical and Export Control (FSTEC).
The very concept personal data defined by the following expression: Personal Information- any information relating to a specific or determined on the basis of such information individual (subject personal data), including his last name, first name, patronymic, year, month, date and place of birth, address, family, social, property status, education, profession, income, other information. An interesting fact is that the law does not specifically and explicitly address what personal information there may also be photographs of the user, his passwords and logins to various web resources, as well as data of this type (for this type personal data doesn't explicitly state the definition personal data, although similar types of data may also be meant). This data can also be classified as personal data, and, in fact, it is. The law also introduces the concept of data relevance (that is, for example, a surname may change over time for a certain person). Article eight talks about a very interesting situation in relation to open storage areas personal data:
- In order to information support publicly available sources can be created personal data(including directories, address books). To publicly available sources personal data with the written consent of the subject personal data may include his last name, first name, patronymic, year and place of birth, address, subscriber number, information about profession and other Personal Information provided by the subject personal data.
- Subject information personal data may be removed from public records at any time personal data at the request of the subject personal data or by decision of a court or other authorized government bodies.
That is, various telephone directories distributed on the Internet are illegal, because although they are a public source, it is unlikely that the subjects were asked for their written consent to distribute their personal data in a publicly available form. Also interesting is article 10 about special categories personal data:
- personal data related to race, nationality, political views, religious or philosophical beliefs, health status, intimate life, are not allowed, except for the cases provided for in part 2 of this article.
- Processing of special categories specified in Part 1 of this article personal data is allowed in cases where:
- subject personal data consented in writing to the processing of his personal data;
- Personal Information are publicly available;
- Personal Information relate to the subject's health status personal data and their processing is necessary to protect his life, health or other vital interests, or the life, health or other vital interests of other persons, and obtaining the consent of the subject personal data impossible;
- treatment personal data carried out for medical and preventive purposes, in order to establish a medical diagnosis, provide medical and medical and social services, provided that the processing personal data carried out by a person professionally engaged medical activities and obliged in accordance with the law Russian Federation maintain medical confidentiality;
- treatment personal data members (participants) of a public association or religious organization is carried out by the relevant public associations or religious organization operating in accordance with the legislation of the Russian Federation, to achieve the legitimate goals provided for by their constituent documents, provided that Personal Information will not be distributed without the written consent of the subjects personal data;
- treatment personal data necessary in connection with the administration of justice;
- treatment personal data carried out in accordance with the legislation of the Russian Federation on security, on operational investigative activities, as well as in accordance with the criminal executive legislation of the Russian Federation.
- Treatment personal data a criminal record can be carried out by state bodies or municipal bodies within the powers granted to them in accordance with the legislation of the Russian Federation, as well as by other persons in cases and in the manner determined in accordance with federal laws.
- Handling special categories personal data carried out in the cases provided for in parts 2 and 3 of this article must be immediately terminated if the reasons for which the processing was carried out are eliminated.
The law also provides for a special type personal data, called biometric personal data. This concept is introduced in Article 11 of the Law on personal data:
- Information that characterizes the physiological characteristics of a person and on the basis of which one can establish his identity (biometric Personal Information), can only be processed with the written consent of the subject personal data, except for the cases provided for in part 2 of this article.
- Biometric processing personal data may be carried out without the consent of the subject personal data in connection with the administration of justice, as well as in cases provided for by the legislation of the Russian Federation on security, the legislation of the Russian Federation on operational-search activities, the legislation of the Russian Federation on civil service, the criminal-executive legislation of the Russian Federation, the legislation of the Russian Federation on the procedure for leaving the Russian Federation and entry into the Russian Federation.
As you can see, the legislative act expressed by Federal Law No. 152-FZ reliably protects Personal Information user. Along with this law, there is also a cross-cutting Federal Law No. 149-FZ “on information, information technologies and information protection.” And although in general it does not relate to personal data, it indirectly intersects with them and the following article 8 of this law talks about the right of access to information:
- 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.
- 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.
- The organization has the right to receive from state bodies and local governments 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.
- Access to:
- 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;
- information on the state of the environment;
- 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);
- information accumulated in open collections of libraries, museums and archives, as well as in state, municipal and other information systems ah, created or intended to provide citizens ( individuals) and organizations with such information;
- other information, the inadmissibility of restricting access to which is established by federal laws.
- 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.
- Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access information can be appealed to a higher body or higher official, or to court.
- 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.
- Information provided free of charge:
- on the activities of state bodies and local self-government bodies, posted by such bodies in information and telecommunication networks;
- affecting the rights and obligations of the interested party established by the legislation of the Russian Federation;
- other information established by law.
- 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.
By carefully studying these laws and their articles, you can delve most deeply into the legal aspects in the field of information protection.
Article 1. Scope of this Federal LawArticle 2. Basic concepts used in this Federal Law
Article 3. Principles of legal regulation of relations in the field of information, information technologies 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 electronic documents in the exercise of powers of state authorities and local self-government bodies
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
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, Siberian Federation 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 |
|
| 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- designation by symbols 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 disseminating 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, 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.
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 you to identify recipients of information, including postal items And emails, the person disseminating 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 registering other legal relations in which persons exchanging electronic messages participate, the exchange of electronic messages, each of which is signed electronic signature or another analogue of the handwritten signature of the sender of such a message, in the manner 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 use unified system identification and authentication.
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 technical means and information security means must comply with the requirements of the legislation of the Russian Federation on technical regulation.
9. Information contained in state information systems, as well as other information and documents 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 information within the limits of their authority. When creating and operating state information systems, the methods and methods used to protect information must comply with the specified requirements.
6. Federal laws may establish restrictions on the use of certain information security tools and the implementation of certain types of activities in the field of information security.
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
The Zakonbase website presents 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 ON INFORMATION PROTECTION” in the latest edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.
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.
The federal law regulates the relations arising in the exercise of the right to search, receive, transmit, produce and distribute information, when using information technologies, as well as in ensuring the protection of information, with the exception of relations arising in the protection of the results of intellectual activity and equivalent means of individualization.
The development of a new basic legislative act in this area is due to the need to unify, both from a conceptual and substantive point of view, the principles and rules for regulating information relations, eliminating a number of gaps in regulation and bringing the legislation of the Russian Federation closer to the international practice of regulating information relations.
The federal law brings the conceptual apparatus and regulatory mechanisms into line with the practice of using information technologies, determines the legal status of various categories of information, establishes provisions for regulating the creation and operation of information systems, General requirements to the use of information and telecommunication networks, establishes principles for regulating public relations related to the use of information.
The principle of freedom to search, receive, transmit, produce and disseminate information in any legal way is established. However, restrictions on access to information can only be established by federal laws.
The law contains provisions aimed at protecting against unfair use or abuse of the means of information dissemination, in which unnecessary information is imposed on users. In particular, the information must include reliable information about its owner or about another person - the distributor in a form and in a volume that is sufficient to identify such a person. When using means to disseminate information that allow identifying recipients of information, including postal items and electronic messages, the person distributing the information is obliged to provide the recipient with the opportunity to refuse such information.
Basic rules and methods have been established for protecting the rights to information, protecting the information itself by taking basic legal, organizational and technical (software and hardware) measures to protect it. 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.
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). A list of information is established, access to which cannot be limited (for example, on the activities of government bodies and on the use of budget funds), information provided free of charge.
There is a direct ban on requiring a citizen (individual) to provide information about his private life, including information constituting a personal or family secret, and on receiving such information against the will of the citizen (individual). Exceptions can only be made in cases expressly provided for by federal laws. laws.
From the date of entry into force of the Federal Law, the Federal Law of February 20, 1995 N 24-FZ “On Information, Informatization and Information Protection” is declared invalid.
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 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 technical feasibility refusal of users of the instant messaging service 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 transmission 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 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. 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 given user of the instant messaging service is entrusted to 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.