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"Information about citizens (personal data)" - Reports
on facts, events and lifestyles of citizens which allow for the
identification of individual citizens;
"Confidential information" - Documented information
which because of the applicable legislation is only partially
(with restrictions) accessible;
"Means of safeguarding automated information systems and
automated information technologies" (subsequently: "Information
security facilities") - Programmed, technical, linguistic,
legal and organisational facilities (software, hardware and telecommunications,
computer programs, technical dictionaries, thesauri and classifications,
instructions and methodologies, pragmatics, rules, plans and their
descriptions and other documentation), which emerge in the development
or exploitation of the information systems and safeguard their
ability to function;
"Owner (holder) of the information resources, information
systems, technologies and information security facilities"
- Any subject who may exercise the proprietary rights over these
objects without restriction;
"Possessor of the information resources, information systems,
technologies and information security facilities" - Any subject
who has these objects at his disposal as owner and possessor and
disposes of them in a legal framework;
"Information user" - Any subject who satisfies his information
requirements with the help of an information system or an intermediary.
Article 10 Information resources arranged by type of access
1. Government information resources of the Russian Federation
are public; they are generally accessible. Exceptions relate to
the information resources in so far as they have been designated
by law as for restricted access.
2. Documented information for restricted access arises from the
information concerning state secrecy and from confidential information.
3. It is forbidden to qualify the following documents as information
with restricted access:
- Laws and other regulations which concern the legal position
of the government bodies, territorial self-governing bodies, organisations
and social associations, or the rights, freedoms and duties of
the citizens, and procedures involved;
- Documents which report on unusual events, ecological, meteorological,
demographic, health and epidemic-related facts, or contain other
information which is of importance for the functioning of supply
and production facilities or for the safety of the citizens and
the economy;
- Documents which report on activities of the government bodies
and territorial self-governing bodies, on use of the budget funds
or other governmental and local stocks, on economic situation
and supply requirements, except for documents affecting state
secrets.
- Documents in the public collections of libraries and archives,
information systems of government bodies, territorial self-governing
bodies, social associations and organisations, which are of public
interest or essential for the exercise of citizens' rights, freedoms
and duties.
4. The federal law "On State Secrecy" determines the
significance of the information for state secrecy.
5. The decision about confidentiality of information is made on
the basis of the Russian Federation's legislation; Section 11
of this federal law should be applied.
Article 11 Information on citizens (personal data)
1. The nature of personal data which should be stored in the federal
information resources, information resources of the territorial
self-governing bodies and nongovernment organisations is specified
by federal law.
Personal data is regarded as confidential information.
Collection, storage, usage and dissemination of information about
private life, and processing of information which concerns personal
and family secrecy, or encroaches upon post, telephone or telegram
secrecy or the secrecy of other forms of communication between
persons is only permissible if a legal provision provides for
this, or the person affected has agreed.
2. Personal data may not be used to inflict economic or moral
damage on citizens, or to impede the exercise of the rights and
freedoms of the citizens of the Russian Federation. Restriction
of the citizens' rights on the basis of information on social
origin, race, nationality, language, religion or party membership
is forbidden and is punished according to the law.
3. Natural and legal persons, who within their jurisdiction process,
collect or use personal data, bear the responsibility based on
the Russian Federal legislation for the violation of the provisions
which govern the collection, processing and use of this information.
4. The activity of non-government organisations and private persons
in the processing of personal information is compulsorily licensed.
The licensing procedure is specified in the Russian Federal legislation.
5. On application by the subjects acting according to Sections
14 and 15 of this law and corresponding provisions of the law
on personal data, the illegality of the storage of personal data
undertaken by the government bodies and organisations may be established
in legal proceedings.
Part 3 Use of the Information Resources
Article 12 Realization of the access right to the information
contained in resources
1. The users - citizens, government bodies, territorial self-governing
bodies, organisations and social associations - have the same
rights at their disposal to the government information resources,
and are not obliged to demonstrate the necessity of their requirement.
The exception is the restricted access information.
The access of the natural and legal persons to the government
information resources represents an important precondition for
the execution of social control of all government bodies, territorial
self-governing bodies, social, political and other organisations;
the control of the economic and ecological situation and control
in the other areas of community life are also made easier by this
means.
2. According to the statutes, official regulations and information
supply agreements, the possessors of informational resources grant
information users access to the information needed by them on
the basis of the applicable legislation.
Information which the citizens and organisations obtain from the
government information resources may be used for preparing commercial
information; information altered in this way may only be disseminated
afterwards with references to its origin.
The source of profit results in this case from the aggregate of
work used in creating the commercial information and applied resources,
but the emergence of the information from the information resources
is unavoidable.
3. Information access arrangements (access location and time,
persons responsible, obligatory procedures) are specified by the
owners or possessors of the information resources; these are obliged
to take into account the legal conditions.
Directories of information and information services, as well as
information about the procedures and conditions of access to information,
are available to the users free of charge.
4. Government bodies and other organisations responsible for the
structuring and use of the information resources assure operative
and unimpeded access to the documented information for those who
need it, according to the duties specified in their statutes.
5. The way of collecting and storing documented information with
restricted access, and the protection rules and conditions of
use relating to this, are given by the government bodies who are
responsible for certain types of information or information sets.
They may also be specified directly by the information owner according
to the legal provisions.
Article 13 Granting access to information
1. Government bodies and territorial self-governing bodies are
obliged to establish generally accessible information collections,
which store information about their area of operation and those
of their subordinate organisations.
Within their jurisdiction they also guarantee public access to
the information about citizens' freedoms and duties, and about
their safety; and also to the other information which is important
from the point of view of the public interest.
2. Refusal of access to the information resources mentioned in
Section 13 Subsection 1 can be challenged in court.
3. The Committee for Informatisation Policy of the President of
the Russian Federation is carrying out the registration of all
information resources, information systems and publications concerning
this, in order to guarantee thereby the right to information access.
4. The Government of the Russian Federation is setting up an information
services directory, which users of the government information
resources may take advantage of, against payment, without payment
or partially against payment.
Costs arising from these services are reimbursed from the budget
funds of the Russian Federation or its subjects.
Article 14 Access of citizens and organisations to the information
stored about them
1. Citizens and organisations have the right of access to the
documented information about them, to correct it and supplement
it, for the purpose of ensuring the credibility and completeness
of this information. They have the right to be informed who is
using this information or had previously used it, and for what
purpose.
Restrictions on the rights of citizens and organisations to access
information concerning them can only come into being on the basis
of the federal laws.
2. The processors of the documented information concerning the
citizens are obliged to make the information available to those
concerned without charge. Limitations of this liability are only
permitted under the statutory conditions.
3. Subjects who surrender information concerning themselves according
to sections 7 and 8 of this law, for the purpose of forming the
information resources, are entitled to make use of this information
free of charge.
4. If the holder of information resources refuses the person concerned
access to the information concerning him, this person can bring
proceedings in court.
Article 15 Obligations and liabilities of the holder of information
resources
1. Holders of information resources are obliged to satisfy the
processing conditions and information access rules determined
by the legislation of the Russian Federation or by the owner of
the information resource.
2. Holders of information resources are liable for the violation
of the information procedure envisaged in the legislation of the
Russian Federation.
Part 5 Protection of information and subjects' rights in the
course of the information and informatisation processes
Article 20 Aim of the protection
Aim of the protection is:
- to prevent the decrease, theft, loss and falsifying of information;
- to remove dangers to the security of persons, society and the
state;
- to prevent unauthorised destruction, changing, falsifying, copying,
locking and other illegal forms of intervention in the information
resources and information systems;
- to secure rights of ownership to documented information;
- to grant constitutional rights of citizens to privacy and confidentiality
of personal data in the information systems;
- to grant state secrecy and confidentiality of the documented
information according to the applicable legislation;
- to protect rights of subjects in the course of information processes
and in the design, manufacture and use of information systems,
technologies and information security facilities.
Article 21 Information protection
1. All documented information, unauthorised access to which could
lead to damage for owners, possessors, or other persons, is protected.
The information protection regime should be established for individual
categories of information by the following subjects:
- Responsible bodies, named in the federal law "On State
Secrecy" to determine the corresponding protection order
for information affecting state secrecy
- The holders of information resources, or their representatives,
according to the present federal law, in the case of the confidential
information.
The provisions of this law determine the information protection
for the personal data.
2. Government bodies and organisations which are responsible for
the structuring and use of the information resources which require
protection, and similarly bodies and organisations which produce
and use information systems and information technologies for processing
restricted access information, are subject to the legislation
of the Russian Federation in their activity.
3. The government bodies exercise control of information protection,
of the corresponding software and hardware resources and also
of the organisational rules by which the restricted access information
is processed in the information systems. This control is executed
according to the rules determined by the government of the Russian
Federation.
4. Organisations which process government-owned restricted access
information are also obliged to set up special information protection
services.
5. The holders of information resources, or the persons authorised
by them, can check the observance of the information protection
measures, and forbid or suspend information processing if the
protection rules are not observed.
6. The owner or possessor of the documented information may approach
the government bodies to discover whether his information is processed
in observance of the information protection rules. Appropriate
monitoring bodies are named by the government of the Russian Federation.
These bodies are obliged themselves to observe the conditions
of information confidentiality, and regard monitoring results
as confidential.
Article 22 Rights and obligations of the subjects in the area
of information protection
1. The owner of documents, document sets and information systems
or the persons authorised by him draw up, in accordance with the
corresponding federal law, rules on information usage. The location,
time, persons responsible and the processing procedure are specified
in these rules.
2. The possessors of documents, document sets and information
systems secure a qualifying information protection level according
to the legislation of the Russian Federation.
3. The risk involved in the use of non-certified information systems
and non-certified information protection facilities is borne by
their holders.
Use of information taken from non-licensed information systems
is at the information user's risk.
4. The holder of documents, document sets and information systems
may approach organisations concerned with certification, and request
a check of the information protection in the information resources
and information systems belonging to him; he may also request
advice.
5. The possessor of the documents, document sets and information
systems is obliged to inform the owner of the information resources
and/or information systems about all violations of the information
protection provisions.
Article 23 Protection of subjects' rights in the area of information
processes and information
1. The granting of subjects' rights in the structuring and use
of information resources, in designing, producing and using information
systems, technologies and information protection facilities should
protect against violations of law and illegal dealings, contribute
to the restoration of the legal system and secure the compensation
of those affected.
2. The courts, arbitration tribunals and arbitration commissions
implement the protection of the subjects in the given areas, taking
into account the peculiarities of violations of law and damages
thereby arising.
3. Responsibility for violations of law which can arise in dealing
with the documented information is borne by the government bodies,
organisations and responsible persons according to the legislation
of the Russian Federation and the legislation of its subjects.
For the purpose of investigating the conflict situations and granting
personal rights, in the structuring of information resources,
setting up and use of information systems, technologies and information
protection facilities, arbitration tribunals can be formed for
a limited period or permanently.
Arbitration tribunals decide upon conflicts and settle disputes
submitted to them. They are guided by the procedural order which
was determined by legislation for the procedures of arbitration
tribunals.
4. Responsibility for violations of the international norms and
rules in the structuring and use of the information resources,
production and exploitation of the information systems, technologies
and information protection facilities is borne by the government
bodies, organisations and citizens in accord with agreements which
were concluded with the foreign partners. The corresponding international
agreements of the Russian Federation should be taken into account.
Article 24 Protection of the information access right
1. Refusal of access to the generally accessible information,
or deliberate issue of incomplete information, may lead to prosecution.
Arbitration courts settle disputes between the organisations about
non-fulfilment or inadequate fulfilment of the information obligations
following from the delivery contracts, purchase contracts or other
legal forms.
Persons who were denied access to information or received incomplete
information only may demand corresponding compensation/reparations
for damage.
2. The court decides in disputes about qualification or non-qualification
of an item of information as for restricted access, and decides
about reparations for damages in the case of an unjustified refusal
of information or other violations of the rights of information
users.
3. Managers and other staff of government bodies and organisations
which are responsible for illegal restriction of access rights
and violation of the information protection order are liable under
the criminal, civil and administrative law.
Article 25 Coming into force of this federal law
1. This law comes into force on the day after the official publication.
2. It is proposed to the president of the Russian Federation that
legal deeds passed by him are coordinated with this law.
3. The government of the Russian Federation is recommended:
- to adapt legal deeds passed by the government to this law;
- to propose to the State Duma the corresponding changes in the
legislation of the Russian Federation within a period of three
months, in the envisaged procedure;
to pass the corresponding legal deeds.
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