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

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT INFORMATION, INFORMATION TECHNOLOGIES

AND ABOUT INFORMATION PROTECTION

State Duma

Federation Council

(as amended by Federal Laws dated July 27, 2010 N 227-FZ,

dated 04/06/2011 N 65-FZ, dated 07/21/2011 N 252-FZ,

dated July 28, 2012 N 139-FZ, dated April 5, 2013 N 50-FZ,

dated 06/07/2013 N 112-FZ)

Article 1. Scope of this Federal Law

1. This Federal Law regulates relations arising when:

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

2) application of information technologies;

3) ensuring information security.

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

Article 2. Basic concepts used in this Federal Law

This Federal Law uses the following basic concepts:

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

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

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

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

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

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

7) confidentiality of information - a mandatory requirement for a person who has gained access to certain information not to transfer such information to third parties without the consent of its owner;

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

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

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

11) documented information - information recorded on a tangible medium by documenting with details that make it possible to determine such information or as established by law Russian Federation cases its material carrier;

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

12) information system operator - citizen or entity those carrying out activities related to the operation of the information system, including the processing of information contained in its databases;

13) site on the Internet - a set of programs for electronic computers and other information contained in 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;

(Clause 13 was introduced by Federal Law No. 139-FZ of July 28, 2012, as amended by Federal Law No. 112-FZ of June 7, 2013)

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

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

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;

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;

19) one system identification and authentication - 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.

(Clause 19 introduced by Federal Law dated 06/07/2013 N 112-FZ)

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

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

1) freedom to search, receive, 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.

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

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

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

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

Article 5. Information as an object of legal relations

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

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

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

1) information freely disseminated;

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

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

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

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

Article 6. Owner of information

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

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

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

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

2) use the information, including disseminating it, at your own discretion;

3) transfer information to other persons under a contract or on other grounds established by law;

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

5) carry out other actions with information or authorize such actions.

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

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

2) take measures to protect information;

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

Article 7. Public information

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

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

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

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

(Part 4 introduced by Federal Law dated 06/07/2013 N 112-FZ)

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.

(Part 5 introduced by Federal Law dated 06/07/2013 N 112-FZ)

6. If the posting of information in the form of open data may entail a violation of the rights of owners of information, access to which is limited in accordance with federal laws, or a violation of the rights of subjects of personal data, the 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.

(Part 6 introduced by Federal Law dated 06/07/2013 N 112-FZ)

Article 8. Right of access to information

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

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

5) other information, the inadmissibility of restricting access to which is established by federal laws.

5. State bodies and local self-government bodies are obliged to provide access, including using information and telecommunication networks, including the Internet, to information about their activities in Russian and the state language of the corresponding republic within the Russian Federation in accordance with federal laws, laws of 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, as a result of an unlawful refusal of access to information, its untimely provision, or the provision of information that is knowingly unreliable or inconsistent with the content of the request, losses were caused, such losses are subject to compensation in accordance with civil law.

8. Information is provided free of charge:

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

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

3) other information established by law.

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

Article 9. Restriction of access to information

1. Restrictions on access to information are established by federal laws in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.

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.

note.

On the issue concerning the procedure for handling official information of limited distribution in federal executive authorities, see Decree of the Government of the Russian Federation of November 3, 1994 N 1233.

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

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

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

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

8. It is prohibited to require a citizen (individual) to provide information about his private life, including information constituting a personal or family secret, and to receive such information against the will of the citizen (individual), unless otherwise provided by federal laws.

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

Article 10. Dissemination of information or provision of information

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

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

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

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

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

Article 11. Documentation of information

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

2. In federal executive authorities, documentation of information is carried out in the manner established by the Government of the Russian Federation. The rules of office work and document flow established by other state bodies and local government bodies within their competence must comply with the requirements established by the Government of the Russian Federation in terms of office work and document flow for federal executive authorities.

3. Lost power. - Federal Law of 04/06/2011 N 65-FZ.

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.

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

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

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

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

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

4) ensuring the information security of children.

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

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

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

Article 13. Information systems

1. Information systems include:

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

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

3) other information systems.

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

Article 14. State information systems

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

2. State information systems are created taking into account the requirements stipulated by Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.”

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

4. Lists of types of information provided on a mandatory basis are established by federal laws, the conditions for its provision - by the Government of the Russian Federation or relevant government bodies, unless otherwise provided by federal laws. 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.

(as amended by Federal Law dated 06/07/2013 N 112-FZ)

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.

(Part 4.1 introduced by Federal Law dated 06/07/2013 N 112-FZ)

5. Unless otherwise established by the decision on the creation of a state information system, the functions of its operator are 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.

Article 15. Use of information and telecommunication networks

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

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

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

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

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

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

Article 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

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 exercising control and supervision functions in the field of the media, mass communications, information technology and communications, 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 a request after measures have been taken to remove information, the dissemination of which is prohibited in the Russian Federation, or on the basis of a court decision that has entered into legal force to cancel the decision of the federal executive body exercising control and supervision functions in the field of mass media , mass communications, information technology and communications, on inclusion in the register of a domain name, a site page index on the Internet or a network address that allows identifying a site on the Internet.

12. The procedure for interaction between the registry operator and the hosting provider and the procedure for obtaining access to 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.

Article 16. Information protection

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

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

2) maintaining the confidentiality of restricted 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.

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

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

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

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

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

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

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

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

1) Federal Law of February 20, 1995 No. 24-FZ “On information, informatization and information protection” (Collected Legislation of the Russian Federation, 1995, No. 8, Art. 609);

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

3) Article 16 of the Federal Law of January 10, 2003 N 15-FZ “On introducing amendments and additions to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On licensing of certain types of activities” (Collected Legislation of the Russian Federation, 2003, N 2 , Art. 167);

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

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

The president

Russian Federation

Moscow Kremlin

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.

From 06/07/2017 N 109-FZ,
dated June 18, 2017 N 127-FZ, dated July 1, 2017 N 156-FZ, dated July 29, 2017 N 241-FZ,
dated July 29, 2017 N 276-FZ, dated July 29, 2017 N 278-FZ, dated November 25, 2017 N 327-FZ,
dated December 31, 2017 N 482-FZ, dated April 23, 2018 N 102-FZ, dated June 29, 2018 N 173-FZ)

Changes introduced by Federal Law dated 12/31/2017 N 482-FZ , come into force on June 30, 2018.

Article 1. Scope of this Federal Law

1. This Federal Law regulates relations arising when:

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

2) application of information technologies;

3) ensuring information security.

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

07/02/2013 N 187-FZ)

Article 2. Basic concepts used in this Federal Law

This Federal Law uses the following basic concepts:

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

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

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

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

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

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

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

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

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

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

(clause 11.1 introduced by Federal Law dated July 27, 2010 N 227-FZ)

12) information system operator - a citizen or legal entity carrying out activities to operate an information system, including processing information contained in its databases;

(Clause 13 was introduced by Federal Law No. 139-FZ of July 28, 2012, as amended by Federal Law No. 112-FZ of June 7, 2013)

(Clause 14 introduced 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;

(Clause 15 introduced by Federal Law dated July 28, 2012 N 139-FZ)

(Clause 16 introduced by Federal Law dated July 28, 2012 N 139-FZ)

(Clause 17 introduced 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;

(Clause 18 introduced 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;

(Clause 19 introduced by Federal Law dated 06/07/2013 N 112-FZ)

20) search system- an information system that, at the user’s request, searches the Internet for information of a certain content and provides the user with information about the site page index on the Internet for access to the requested information located on sites on the Internet owned by other persons, for with the exception of information systems used to carry out state and municipal functions, provide state and municipal services, as well as to exercise other public powers established by federal laws.

(Clause 20 introduced by Federal Law dated July 13, 2015 N 264-FZ)