Information legislation - Legal informatics

Information Legislation

The legal basis for regulating relations in the information sphere is the development and adoption of information legislation. The US Constitution enshrined a number of information rights and freedoms: the right to privacy, personal and family secrets, the protection of one's honor and good name (Part 1, Article 23); the right of citizens to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies (Article 33); the right of everyone to reliable information about the state of the environment (Article 42); freedom of all kinds of creativity (Part 1, Article 44); the right to access to cultural values ​​(Part 2, Article 44); the right of everyone to get acquainted with documents and materials directly affecting his rights and freedoms, unless otherwise provided by law (Part 2, Article 24); the right to access information on facts and circumstances that endanger people's lives and health (Part 3, Article 41), etc.

And of course, the fundamental norm in regulating the nature of citizens for information is Part 4 of Art. 29 of the US Constitution, which establishes the right to freely seek, receive, transmit, produce and disseminate information in any legitimate way.

In the 1990's. in the Russian Federation, a large body of information legislation has been formed - more than 120 federal laws and more than 100 laws of the United States, including: US Law of 21 December 1991 No. 2124-1 on the Mass Media, the US law of July 21 1993 No. 5485-1 "On State Secrets", Federal Law No. 24-FZ of February 20, 1995 "On Information, Informatization and Protection of Information".

In the 2000s. Russian information legislation has been substantially updated and expanded. A number of fundamental laws have been adopted in this area: Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection", Federal Law No. 152-FZ of July 27, 2006, "On Personal Data" ; Federal Law No. 126-FZ of July 7, 2003 On Communications; Federal Law of January 10, 2003 No. 20-FZ On the State Automated System Elections Federal Law of January 10, 2002 "No. 1-FZ" On the Electronic Digital Signature & quot; and others

Basic Law of Information Legislation - Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection"; (hereinafter referred to as the Information Act), he replaced the federal law "About information, information and protection of information" that operated before him.

The Information Act regulates three groups of related relationships that arise when the right to seek, receive, transfer, produce and disseminate information, use information technology and ensure the protection of information.

Developing constitutional provisions on freedom of information, the law established that information can 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 dissemination.

In the system of information rights and freedoms, the right of citizens to access legal information and information on the activities of state authorities is especially important.

The right to access information on the activities of public authorities derives from a number of constitutional provisions. Thus, state bodies and local self-government bodies, their officials are obliged to provide everyone with an opportunity to get acquainted with documents and materials that directly affect his rights and freedoms, unless otherwise provided by law (Part 2, Article 24). Citizens of the Russian Federation have the right to apply in person, as well as to send individual and collective appeals to state bodies and local self-government bodies, thereby influencing these bodies of state power (Article 33).

In 2008 and 2009 two federal laws have been adopted to develop constitutional provisions on access to information - the Federal Law "On providing access to information on the activities of courts in the Russian Federation" and the Federal Law "On providing access to information on the activities of state bodies and local self-government bodies."

Federal Law "On providing access to information on the activities of courts in the Russian Federation" establishes the principle of openness and accessibility of information on the activities of the courts, with the exception of cases provided for by US law. Restriction of the right to access information on the activities of the courts is due to the observance of the right of citizens to privacy, personal and family secrets, protection of their honor and business reputation, the rights of organizations to protect their business reputation; observance of the rights and legitimate interests of the participants in the judicial process when providing information on the activities of the courts; non-interference in the administration of justice.

Federal Law "On providing access to information on the activities of state bodies and local self-government bodies"; regulates the issues of organization of access to information on the activities of state bodies and local self-government bodies, including those placed on the Internet. The purpose of the law is to ensure the openness of the activities of state bodies and local self-government bodies, the realization of the right of citizens to receive information.

The law establishes a unified procedure for the provision of information about its activities by state bodies and local self-government bodies, determines the ways of access to this information, fixes the procedure for filing a request for information and response to it, establishes the procedure for monitoring and supervising the observance of the rights of citizens and organizations on access to information on the activities of state bodies and local self-government bodies.

In order to realize the right of citizens and organizations to information in electronic form, state bodies and local authorities connect their information systems to the Internet, open their unofficial websites for unlimited access, allocate e-mail addresses for receiving requests and transmitting the requested information.

Restricting the right to access information according to art. 9 of the Law on Information is established by federal laws in order to protect the foundations of the constitutional order, morality, health, rights and legal interests of other persons, ensuring the country's defense and state security.

The legal regime of state secrets is established by the US Law "On State Secrets", commercial secret - by the Federal Law "On Trade Secrets". The Law on Information establishes a general legal regime for professional secrets, which, for certain types of professional secrets, is specified in special legislation on banks and banking, insurance, public health, notary, advocacy, communications, auditing, etc.

The law on personal data regulates the relationship associated with the processing of personal data carried out by federal authorities, local governments, legal entities and individuals with the use of automation or without the use of such means, if the processing of personal data without the use of such means is consistent with the nature actions (operations) performed with personal data using automation tools.

The purpose of the Law on Personal Data is to ensure the protection of human and civil rights and freedoms when processing personal data, including the protection of privacy rights, personal and family secrets.

According to Art. 10. The Information Act disseminates information freely, subject to the requirements of US law. It is prohibited to disseminate information that is aimed at promoting war, incitement to national, racial or religious hatred and enmity, as well as other information for the dissemination of which criminal or administrative responsibility is provided.

The order of distribution of information through the media is established in the US Law "On the Media". The law establishes the freedom of the mass media: the search, receipt, production and dissemination of mass information are not subject to restrictions, except in cases provided for by US law.

In 2012, the Federal Law "On Protecting Children from Information Harmful to Their Health and Development" was adopted.

The law forbids the distribution among children of the law:

• encouraging children to commit acts that pose a threat to their lives and (or) health, including harm to their health, suicide;

• able to cause children to use narcotic drugs, psychotropic and/or intoxicating substances, tobacco products, alcohol and alcohol-containing products, beer and drinks made on its basis, to take part in gambling, to engage in prostitution, vagrancy or begging ;

• justifying or justifying the admissibility of violence and (or) cruelty or encouraging to carry out violent actions towards people or animals

• denying family values ​​that propagate non-traditional sexual relations and form contempt for parents and/or other family members;

• justifying unlawful behavior;

• containing obscene language;

• containing pornographic information;

• about a minor injured as a result of illegal actions (inaction), including surnames, names, patronymics, photo and video images of such minor, his parents and other legal representatives, the date of birth of such minor, audio record of his voice, his place of residence or place of temporary residence, the place of his studies or work, other information that allows directly or indirectly to establish the identity of such a minor.

In recent years, the legislator has paid much attention to the regulation of relations in the Internet. So in 2012 the Law on Information was amended concerning the definition of objects of legal relations in the Internet: an electronic message, an electronic document, a website on the Internet, a website page in the Internet, a domain name, a network address, the owner of the site on the Internet, hosting provider.

The law establishes that the transfer of information through the use of information and telecommunications networks is carried out without restrictions, provided that the requirements established by federal laws for the dissemination of information and protection of intellectual property are complied with. The transfer of information can be limited only in the manner and under the conditions established by federal laws.

In order to restrict access to sites on the Internet containing information that is not allowed to be distributed in the Russian Federation, a unified automated information system is created, the "Single Registry of Domain Names, Site Directory Indexes in the Internet," and network addresses that allow the identification of sites in the "Internet", containing information, the dissemination of which is prohibited in the Russian Federation ". The register includes domain names and (or) indexes of pages of sites on the Internet containing information that is prohibited in the Russian Federation. The owner of the site included in the register is obliged to delete the Internet page containing information, the distribution of which is prohibited. In the event of the owner's refusal or inaction, the hosting provider must restrict access to such a site.

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