State Duma

Federation Council

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

dated 06.04.2011 N 65-FZ)

Article 1. Scope of this Federal Law

1. This Federal Law governs relations arising from:

1) exercising the right to search, receive, transfer, produce and disseminate information;

2) application of information technologies;

3) ensuring the protection of information.

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

Article 2. Basic concepts used in this Federal Law

The following basic concepts are used in this Federal Law:

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

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

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

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

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

6) access to information - the possibility of obtaining information and its use;

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 transferring information to a certain circle of persons;

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

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

11) documented information - information recorded on a material carrier by means of documentation with details that make it possible to identify such information or, in cases established by the legislation of the Russian Federation, 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 - a citizen or legal entity engaged in the operation of an information system, including the processing of information contained in its databases.

Article 3. Principles of legal regulation of relations in the field of information, information technologies 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, transfer, produce and distribute information in any legal way;

2) establishment of restrictions on access to information only by federal laws;

3) openness of information about the activities of state bodies and local self-government bodies and free access to such information, except in cases established by federal laws;

4) equality of 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 in 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, the 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 obligation to use 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 technologies and information protection

1. The legislation of the Russian Federation on information, information technologies 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 regulating relations on the use of information.

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

3. The procedure for the storage and use of documented information included in the archival funds is established by the legislation on archiving in the Russian Federation.

Article 5. Information as an object of legal relations

1. Information may be an 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 public information, as well as information, access to which is limited by federal laws (restricted access information).

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

1) information freely distributed;

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

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

4) information whose dissemination in the Russian Federation is restricted or prohibited.

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 may be a citizen (natural person), a legal entity, the Russian Federation, a constituent entity of the Russian Federation, a municipality.

2. On behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipality, the powers of the information holder shall be exercised, respectively, by state bodies and local self-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 to:

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

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

3) transfer information to other persons under an agreement or on another basis established by law;

4) protect their rights in the ways prescribed by law in case of illegal receipt of information or its illegal use by other persons;

5) carry out other actions with information or permit the implementation of such actions.

4. When exercising his rights, the owner of information is obliged to:

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

2) take measures to protect information;

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

Article 7. Public information

1. Publicly available information includes well-known information and other information, access to which is not limited.

2. Publicly available information may 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.

Article 8. Right of access to information

1. Citizens (individuals) and organizations (legal entities) (hereinafter referred to as organizations) have the right to search for and receive any information in any form and from any source, subject to 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, their officials, in accordance with the procedure established by the legislation of the Russian Federation, information directly affecting his rights and freedoms.

3. The organization has the right to receive from state bodies, 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 in the implementation of this organization's statutory activities.

4. Access cannot be restricted to:

1) regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing the legal status of organizations and the powers of state bodies, 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 budgetary funds (with the exception of information constituting a state or official secret);

4) information accumulated in the 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 through the use of 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 subjects of the Russian Federation and regulatory legal acts of local governments. A person wishing to gain access to such information is not obliged to substantiate 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 information may be appealed to a higher authority or a higher official or to a court.

7. If, as a result of unlawful denial of access to information, untimely provision of it, provision of information known to be 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 self-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 prescribed by law.

9. Establishing a fee for the provision by a state body or local self-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. Restriction of access to information is established by federal laws in order to protect the foundations of the constitutional order, 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. The 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 commercial 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 course of their performance of certain types of activities (professional secret) is subject to protection in cases where federal laws impose obligations on these persons 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 a court decision.

7. The term for fulfilling the obligation to maintain the confidentiality of information constituting a professional secret may 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.

2. Information disseminated without the use of mass media must include reliable information about its owner or about another person distributing information in the form and to the extent that are sufficient to identify such a person.

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

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

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

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

Article 11. Documentation of information

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

2. Documentation of information in federal executive bodies 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, 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 bodies.

3. Has expired. - Federal Law of 06.04.2011 N 65-FZ.

4. For the purpose of concluding civil law contracts or formalizing other legal relations involving persons exchanging electronic messages, the exchange of electronic messages, each of which is signed by an electronic signature or other analogue of the sender's handwritten signature of such a message, in the manner prescribed by federal laws, other normative legal acts or agreement of the parties, is considered as an exchange of documents.

5. The right of ownership and other property 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 technologies (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) creation of conditions for effective use in the Russian Federation of information and telecommunication networks, including the Internet and other similar information and telecommunication networks.

2. State bodies, local self-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 federal laws, laws of the constituent entities of the Russian Federation, respectively, 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 information system operator is the owner of the technical means used to process the information contained in the 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.

3. The rights of the owner of information contained in the databases of the information system shall be subject to protection regardless of copyright and other rights to such databases.

4. The requirements for state information systems established by this Federal Law shall 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 for the purpose of exercising the powers of state bodies and ensuring 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 provided for by the Federal Law of July 21, 2005 N 94-FZ "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, state bodies, 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 the relevant state bodies, unless otherwise provided by federal laws.

5. Unless otherwise established by the decision on the creation of the state information system, the functions of its operator are carried out by the customer who has concluded a state contract for the creation of such an information system. At the same time, 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 individual state information systems.

7. It is not allowed to operate the state information system without proper registration of the rights to use its components that are objects of intellectual property.

8. Technical means intended for processing information contained in state information systems, including software and hardware means and means of protecting information, 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 at the disposal of state bodies, are state information resources. Information contained in state 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 prescribed by law, as well as protection of this information from illegal 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 telecommunications 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 the activities 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 on the territory of the Russian Federation of information and telecommunication networks in economic or other activities cannot serve as a basis for establishing additional requirements or restrictions regarding the regulation of the said activity 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 a person, organizations using an information and telecommunications network in the course of entrepreneurial activities. At the same time, the recipient of an electronic message located on the territory of the Russian Federation has the right to conduct a check to identify the sender of the electronic message, and in cases established by federal laws or by agreement of the parties, 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 on the terms established by federal laws.

Questions for working with regulatory legal acts:

What relations are regulated by federal law No. 149-FZ?

How is the concept of "information", "information systems", "information technologies" defined in Law No. 149-FZ?

Determine the goals and objectives of building an information society in Russia (“Strategy…”)

Determine the main directions for the development of the information society in Russia (State program "Information Society ...")

1. Federal Law of the Russian Federation of July 27, 2006 N 149-FZ

   1. About information, information technologies and information protection

Adopted by the State Duma on July 8, 2006 Approved by the Federation Council on July 14, 2006

Article 1 Scope of this Federal Law

1. This Federal Law governs relations arising from:

1) exercising the right to search, receive, transfer, produce and disseminate information;

2) application of information technologies;

3) ensuring the protection of information.

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

Article 2 Basic concepts used in this Federal Law

The following basic concepts are used in this Federal Law:

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

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

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

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

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

6) access to information - the possibility of obtaining information and its use;

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 transferring information to a certain circle of persons;

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

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

11) documented information - information recorded on a material carrier by means of documentation with details that make it possible to identify such information or, in cases established by the legislation of the Russian Federation, its material carrier;

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

Article 3. Principles of legal regulation of relations in the field of information, information technologies 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, transfer, produce and distribute information in any legal way;

2) establishment of restrictions on access to information only by federal laws;

3) openness of information about the activities of state bodies and local self-government bodies and free access to such information, except in cases established by federal laws;

4) equality of 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 in 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, the 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 obligation to use 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 technologies and information protection

1. The legislation of the Russian Federation on information, information technologies 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 regulating relations on the use of information.

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

3. The procedure for the storage and use of documented information included in the archival funds is established by the legislation on archiving in the Russian Federation.

Article 5 Information as an object of legal relations

1. Information may be an 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 public information, as well as information, access to which is limited by federal laws (restricted access information).

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

1) information freely distributed;

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

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

4) information whose dissemination in the Russian Federation is restricted or prohibited.

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

Article 6 Information holder

1. The owner of information may be a citizen (natural person), a legal entity, the Russian Federation, a constituent entity of the Russian Federation, a municipality.

2. On behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipality, the powers of the information holder shall be exercised, respectively, by state bodies and local self-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 to:

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

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

3) transfer information to other persons under an agreement or on another basis established by law;

4) protect their rights in the ways prescribed by law in case of illegal receipt of information or its illegal use by other persons;

5) carry out other actions with information or permit the implementation of such actions.

4. When exercising his rights, the owner of information is obliged to:

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

2) take measures to protect information;

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

Article 7 public information

1. Publicly available information includes well-known information and other information, access to which is not limited.

2. Publicly available information may 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.

Article 8 Right to access information

1. Citizens (individuals) and organizations (legal entities) (hereinafter referred to as organizations) have the right to search for and receive any information in any form and from any source, subject to 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, their officials, in accordance with the procedure established by the legislation of the Russian Federation, information directly affecting his rights and freedoms.

3. The organization has the right to receive from state bodies, 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 in the implementation of this organization's statutory activities.

4. Access cannot be restricted to:

1) regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing the legal status of organizations and the powers of state bodies, 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 budgetary funds (with the exception of information constituting a state or official secret);

4) information accumulated in the 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 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 the 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 obliged to substantiate 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 information may be appealed to a higher authority or a higher official or to a court.

7. If, as a result of unlawful denial of access to information, untimely provision of it, provision of information known to be 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 self-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 prescribed by law.

9. Establishing a fee for the provision by a state body or local self-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. Restriction of access to information is established by federal laws in order to protect the foundations of the constitutional order, 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. The 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 commercial 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 course of their performance of certain types of activities (professional secret) is subject to protection in cases where federal laws impose obligations on these persons 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 a court decision.

7. The term for fulfilling the obligation to maintain the confidentiality of information constituting a professional secret may 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.

2. Information disseminated without the use of mass media must include reliable information about its owner or about another person distributing information in the form and to the extent that are sufficient to identify such a person.

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

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

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

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

Article 11 Documentation of information

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

2. Documentation of information in federal executive bodies 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, 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 bodies.

3. An electronic message signed with an electronic digital signature or another analogue of a handwritten signature is recognized as an electronic document equivalent to a document signed with a handwritten signature, in cases where federal laws or other regulatory legal acts do not establish or imply a requirement to draw up such a document on paper .

4. For the purpose of concluding civil law contracts or formalizing other legal relations involving persons exchanging electronic messages, the exchange of electronic messages, each of which is signed by an electronic digital signature or other analogue of the sender's handwritten signature of such a message, in the manner prescribed by federal laws, other regulatory legal acts or agreement of the parties is considered as an exchange of documents.

5. The right of ownership and other property rights to material media containing documented information are established by civil law.

Article 12 State regulation in the field of information technology application

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 technologies (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) creation of conditions for effective use in the Russian Federation of information and telecommunication networks, including the Internet and other similar information and telecommunication networks.

2. State bodies, local self-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 federal laws, laws of the constituent entities of the Russian Federation, respectively, 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 information system operator is the owner of the technical means used to process the information contained in the 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.

3. The rights of the owner of information contained in the databases of the information system shall be subject to protection regardless of copyright and other rights to such databases.

4. The requirements for state information systems established by this Federal Law shall 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 for the purpose of exercising the powers of state bodies and ensuring 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 provided for by the Federal Law of July 21, 2005 N 94-FZ "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, state bodies, 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 the relevant state bodies, unless otherwise provided by federal laws.

5. Unless otherwise established by the decision on the creation of the state information system, the functions of its operator are carried out by the customer who has concluded a state contract for the creation of such an information system. At the same time, 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 individual state information systems.

7. It is not allowed to operate the state information system without proper registration of the rights to use its components that are objects of intellectual property.

8. Technical means intended for processing information contained in state information systems, including software and hardware means and means of protecting information, 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 at the disposal of state bodies, are state information resources.

Article 15 Use of information and telecommunication networks

1. On the territory of the Russian Federation, the use of information and telecommunications 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 the activities 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 on the territory of the Russian Federation of information and telecommunication networks in economic or other activities cannot serve as a basis for establishing additional requirements or restrictions regarding the regulation of the said activity 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 a person, organizations using an information and telecommunications network in the course of entrepreneurial activities. At the same time, the recipient of an electronic message located on the territory of the Russian Federation has the right to conduct a check to identify the sender of the electronic message, and in cases established by federal laws or by agreement of the parties, 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 on the terms established by federal laws.

6. Features of connecting state information systems to information and telecommunication networks may 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 16 Protection of information

1. Information security 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 illegal actions in relation to such information;

2) compliance with the confidentiality of restricted access information,

3) realization of the right to access to information.

2. State regulation of relations in the field of information protection is carried out by establishing requirements for information protection, 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 public information may be established only to achieve the goals specified in clauses 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) its transfer to persons who do not have the right to access information;

2) timely detection of facts of unauthorized access to information;

3) prevention of the possibility of adverse consequences of violation of the procedure for access to information;

4) prevention of impact on the technical means of information processing, as a result of which their functioning is disrupted;

5) the possibility of immediate recovery of information modified or destroyed due to unauthorized access to it;

6) constant monitoring of ensuring the level of information security.

5. Requirements for the protection of information contained in state information systems are established by the federal executive body in the field of security and the federal executive body authorized in the field of countering technical intelligence and technical protection of information, within their powers. When creating and operating state information systems, the methods and means of protecting information used to protect information must comply with the specified requirements.

6. Federal laws may establish restrictions on the use of certain means of information protection and the implementation of certain types of activities in the field of information protection.

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

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

1) either on the transfer of information provided by another person, provided that it is transferred without changes and corrections;

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

Article 18

From the date of entry into force of this Federal Law, to recognize as invalid:

1) Federal Law of February 20, 1995 N 24-FZ "On Information, Informatization and Information Protection" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, N 8, Art. 609);

2) Federal Law No. 85-FZ of July 4, 1996 "On Participation in International Information Exchange" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 28, Art. 3347);

3) Article 16 of Federal Law No. 15-FZ of January 10, 2003 "On the Introduction of Amendments and Additions to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On Licensing Certain Types of Activities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 2 , item 167);

4) Article 21 of the Federal Law of June 30, 2003 N 86-FZ "On the introduction of amendments and additions to certain legislative acts of the Russian Federation, the recognition of certain legislative acts of the Russian Federation as invalid, the provision of certain guarantees to employees of internal affairs bodies, bodies for controlling turnover narcotic drugs and psychotropic substances and the abolished federal bodies of the tax police in connection with the implementation of measures to improve public administration" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 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 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, item 2711).

President of the Russian Federation V. Putin

Information Security Doctrine of the Russian Federation

The information security doctrine of the Russian Federation is a set of official views on the goals, objectives, principles and main directions for ensuring the information security of the Russian Federation. This Doctrine serves as the basis for: the formation of state policy in the field of information security of the Russian Federation; preparation of proposals for improving the legal, methodological, scientific, technical and organizational support for information security of the Russian Federation; development of targeted programs for ensuring information security of the Russian Federation. This Doctrine develops the National Security Concept of the Russian Federation in relation to the information sphere.

Article 1. Scope of this Federal Law
Article 2. Basic concepts used in this Federal Law
Article 3. Principles of legal regulation of relations in the field of information, information 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. Obligations of the organizer of the dissemination of information on the Internet
Article 10.2. Features of the dissemination of public information by a blogger. (lost power)
Article 10.3. Responsibilities of a search engine operator
Article 10.4. Features of information dissemination by a news aggregator
Article 11. Documentation of information
Article 11.1. Exchange of information in the form of electronic documents in the exercise of the powers of public authorities and local governments
Article 12. State regulation in the field of application of information technologies
Article 13. Information systems
Article 14. State information systems
Article 15. Use of information and telecommunication networks
Article 15.1. Unified register of domain names, pointers to pages of sites on the Internet and network addresses that allow you to identify sites on the Internet that contain information whose distribution is prohibited in the Russian Federation
Article 15.2. The procedure for restricting access to information distributed in violation of the exclusive rights to films, including films, 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 the dissemination of information 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, which repeatedly and unlawfully placed information containing objects of copyright and (or) related rights, or information necessary to obtain them using information and telecommunication networks, including the Internet
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 the Internet, taken at the request of the copyright holder
Article 15.8. Measures aimed at countering the use on the territory of the Russian Federation of information and telecommunication networks and information resources, through which access to information resources and information and telecommunications networks is provided, access to which is limited on the territory of the Russian Federation
Article 16. Protection of information
Article 17. Responsibility for offenses in the field of information, information technology and information protection
Article 18

Changes and amendments

Adopted by the State Duma on July 8, 2006
Approved by the Federation Council on July 14, 2006

Article 1 Scope of this Federal Law

1. This Federal Law governs relations arising from:

1) exercising the right to search, receive, transfer, produce and disseminate information;

2) application of information technologies;

3) ensuring the protection of information.

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

Article 2 Basic concepts used in this Federal Law

The following basic concepts are used in this Federal Law:

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

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

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

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

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

6) access to information - the possibility of obtaining information and its use;

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 transferring information to a certain circle of persons;

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

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

11) documented information - information recorded on a material carrier by means of documentation with details that make it possible to identify such information or, in cases established by the legislation of the Russian Federation, its material carrier;

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

Article 3. Principles of legal regulation of relations in the field of information, information technologies 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, transfer, produce and distribute information in any legal way;

2) establishment of restrictions on access to information only by federal laws;

3) openness of information about the activities of state bodies and local self-government bodies and free access to such information, except in cases established by federal laws;

4) equality of 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 in 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, the 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 obligation to use 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 technologies and information protection

1. The legislation of the Russian Federation on information, information technologies 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 regulating relations on the use of information.

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

3. The procedure for the storage and use of documented information included in the archival funds is established by the legislation on archiving in the Russian Federation.

Article 5 Information as an object of legal relations

1. Information may be an 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 public information, as well as information, access to which is limited by federal laws (restricted access information).

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

1) information freely distributed;

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

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

4) information whose dissemination in the Russian Federation is restricted or prohibited.

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

Article 6 Information holder

1. The owner of information may be a citizen (natural person), a legal entity, the Russian Federation, a constituent entity of the Russian Federation, a municipality.

2. On behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipality, the powers of the information holder shall be exercised, respectively, by state bodies and local self-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 to:

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

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

3) transfer information to other persons under an agreement or on another basis established by law;

4) protect their rights in the ways prescribed by law in case of illegal receipt of information or its illegal use by other persons;

5) carry out other actions with information or permit the implementation of such actions.

4. When exercising his rights, the owner of information is obliged to:

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

2) take measures to protect information;

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

Article 7 public information

1. Publicly available information includes well-known information and other information, access to which is not limited.

2. Publicly available information may 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.

Article 8 Right to access information

1. Citizens (individuals) and organizations (legal entities) (hereinafter referred to as organizations) have the right to search for and receive any information in any form and from any source, subject to 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, their officials, in accordance with the procedure established by the legislation of the Russian Federation, information directly affecting his rights and freedoms.

3. The organization has the right to receive from state bodies, 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 in the implementation of this organization's statutory activities.

4. Access cannot be restricted to:

1) regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing the legal status of organizations and the powers of state bodies, 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 budgetary funds (with the exception of information constituting a state or official secret);

4) information accumulated in the 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 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 the 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 obliged to substantiate 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 information may be appealed to a higher authority or a higher official or to a court.

7. If, as a result of unlawful denial of access to information, untimely provision of it, provision of information known to be 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 self-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 prescribed by law.

9. Establishing a fee for the provision by a state body or local self-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. Restriction of access to information is established by federal laws in order to protect the foundations of the constitutional order, 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. The 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 commercial 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 course of their performance of certain types of activities (professional secret) is subject to protection in cases where federal laws impose obligations on these persons 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 a court decision.

7. The term for fulfilling the obligation to maintain the confidentiality of information constituting a professional secret may 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.

2. Information disseminated without the use of mass media must include reliable information about its owner or about another person distributing information in the form and to the extent that are sufficient to identify such a person.

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

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

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

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

Article 11 Documentation of information

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

2. Documentation of information in federal executive bodies 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, 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 bodies.

3. An electronic message signed with an electronic digital signature or another analogue of a handwritten signature is recognized as an electronic document equivalent to a document signed with a handwritten signature, in cases where federal laws or other regulatory legal acts do not establish or imply a requirement to draw up such a document on paper .

4. For the purpose of concluding civil law contracts or formalizing other legal relations involving persons exchanging electronic messages, the exchange of electronic messages, each of which is signed by an electronic digital signature or other analogue of the sender's handwritten signature of such a message, in the manner prescribed by federal laws, other regulatory legal acts or agreement of the parties is considered as an exchange of documents.

5. The right of ownership and other property rights to material media containing documented information are established by civil law.

Article 12 State regulation in the field of information technology application

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 technologies (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) creation of conditions for effective use in the Russian Federation of information and telecommunication networks, including the Internet and other similar information and telecommunication networks.

2. State bodies, local self-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 federal laws, laws of the constituent entities of the Russian Federation, respectively, 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 information system operator is the owner of the technical means used to process the information contained in the 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.

3. The rights of the owner of information contained in the databases of the information system shall be subject to protection regardless of copyright and other rights to such databases.

4. The requirements for state information systems established by this Federal Law shall 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 for the purpose of exercising the powers of state bodies and ensuring 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 provided for by the Federal Law of July 21, 2005 N 94-FZ "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, state bodies, 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 the relevant state bodies, unless otherwise provided by federal laws.

5. Unless otherwise established by the decision on the creation of the state information system, the functions of its operator are carried out by the customer who has concluded a state contract for the creation of such an information system. At the same time, 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 individual state information systems.

7. It is not allowed to operate the state information system without proper registration of the rights to use its components that are objects of intellectual property.

8. Technical means intended for processing information contained in state information systems, including software and hardware means and means of protecting information, 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 at the disposal of state bodies, are state information resources.

Article 15 Use of information and telecommunication networks

1. On the territory of the Russian Federation, the use of information and telecommunications 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 the activities 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 on the territory of the Russian Federation of information and telecommunication networks in economic or other activities cannot serve as a basis for establishing additional requirements or restrictions regarding the regulation of the said activity 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 a person, organizations using an information and telecommunications network in the course of entrepreneurial activities. At the same time, the recipient of an electronic message located on the territory of the Russian Federation has the right to conduct a check to identify the sender of the electronic message, and in cases established by federal laws or by agreement of the parties, 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 on the terms established by federal laws.

6. Features of connecting state information systems to information and telecommunication networks may 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 16 Protection of information

1. Information security 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 illegal actions in relation to such information;

2) compliance with the confidentiality of restricted access information,

3) realization of the right to access to information.

2. State regulation of relations in the field of information protection is carried out by establishing requirements for information protection, 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 public information may be established only to achieve the goals specified in clauses 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) its transfer to persons who do not have the right to access information;

2) timely detection of facts of unauthorized access to information;

3) prevention of the possibility of adverse consequences of violation of the procedure for access to information;

4) prevention of impact on the technical means of information processing, as a result of which their functioning is disrupted;

5) the possibility of immediate recovery of information modified or destroyed due to unauthorized access to it;

6) constant monitoring of ensuring the level of information security.

5. Requirements for the protection of information contained in state information systems are established by the federal executive body in the field of security and the federal executive body authorized in the field of countering technical intelligence and technical protection of information, within their powers. When creating and operating state information systems, the methods and means of protecting information used to protect information must comply with the specified requirements.

6. Federal laws may establish restrictions on the use of certain means of information protection and the implementation of certain types of activities in the field of information protection.

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

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

1) either on the transfer of information provided by another person, provided that it is transferred without changes and corrections;

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

Article 18

From the date of entry into force of this Federal Law, to recognize as invalid:

1) Federal Law of February 20, 1995 N 24-FZ "On Information, Informatization and Information Protection" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, N 8, Art. 609);

2) Federal Law No. 85-FZ of July 4, 1996 "On Participation in International Information Exchange" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 28, Art. 3347);

3) Article 16 of Federal Law No. 15-FZ of January 10, 2003 "On the Introduction of Amendments and Additions to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On Licensing Certain Types of Activities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 2 , item 167);

4) Article 21 of the Federal Law of June 30, 2003 N 86-FZ "On the introduction of amendments and additions to certain legislative acts of the Russian Federation, the recognition of certain legislative acts of the Russian Federation as invalid, the provision of certain guarantees to employees of internal affairs bodies, bodies for controlling turnover narcotic drugs and psychotropic substances and the abolished federal bodies of the tax police in connection with the implementation of measures to improve public administration" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 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 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, item 2711).

The president
Russian Federation
V. Putin

The federal law regulates relations arising from the exercise of the right to search, receive, transfer, produce and disseminate information, when using information technologies, as well as when ensuring the protection of information, with the exception of relations arising from 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 the principles and rules for regulating information relations, both from a conceptual and substantive point of view, to eliminate a number of gaps in regulation and to bring 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 in line with the practice of using information technologies, defines the legal status of various categories of information, establishes provisions on regulating the creation and operation of information systems, general requirements for the use of information and telecommunications networks, establishes principles for regulating public relations related to using information.

The principle of freedom to search, receive, transfer, produce and distribute information in any legal way is consolidated. At the same time, 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 dissemination of information, in which users are forced to use unnecessary information. In particular, the information must include reliable information about its owner or about another person - the distributor in the form and to the extent that are sufficient to identify such a person. When using means for disseminating information that allow determining the recipients of information, including postal items and electronic messages, the person distributing information is obliged to provide the recipient with the opportunity to refuse such information.

The basic rules and methods for protecting the rights to information, protecting the information itself by taking basic legal, organizational and technical (software and hardware) measures to protect it have been established. The rights of the owner of the information contained in the databases of the information system 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 public information, as well as information, access to which is limited by federal laws (restricted access information). A list of information is established, access to which cannot be restricted (for example, on the activities of government bodies and on the use of budgetary 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 to receive such information against the will of the citizen (individual). 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 recognized as invalid.