of August 6, 2001 No. 40
(In edition of the Law RT of December 26, 2005 No. 124)
This Law regulates the legal relationship arising in the course of forming and use of documentary information and information resources, creation of information technologies, automated information systems and networks, determines procedure for protection of information resource, and also the rights and obligations of the subjects who are taking part in informatization processes.
The purpose of this Law is creating favorable conditions for satisfaction of information needs, legal entities and physical persons, state bodies on the basis of forming in the Republic of Tajikistan of modern information infrastructure, its integration into the international information networks and systems. The law establishes conditions of protection of legitimate interests and the rights of the state, legal entities and physical persons when implementing activities for creation, accumulating, storage, transfer and distribution of information means of modern information technologies.
1. Operation of this Law extends to the relations arising when implementing by state bodies, legal entities and physical persons irrespective of patterns of ownership of actions in the field of informatization namely on:
- forming and use of information resources on the basis of creation, search, collection, accumulatings, processings, transfers, distribution and provisions of documentary information;
- creation, implementation and use of processing systems and information transfer, bases and databanks, means of information technologies;
- information protection and the rights of the subjects participating in information processes using means of information technologies;
- management and regulation of information processes, realization of state policy in the field of informatization.
2. Operation of this Law does not extend to the relations arising with undocumented information on the relations connected with intellectual property and also on the relations, in the field of mass media.
3. Legal entities and physical persons of foreign states and stateless person have the rights and obligations provided by this Law on an equal basis with the organizations and citizens of the republic if other is not established by international treaties of the Republic of Tajikistan.
In this Law the following concepts are used:
- information - the information about persons, objects, objects, facts, events, the phenomena and processes irrespective of form of their representation;
- information technology - set of computer aids and telecommunications, software and methods of their use for search, processing, storage, transfer and receipt of information;
- information infrastructure (informatization infrastructure) set of information centers, bases and databanks, communication systems and data transmission, other structures which provide functioning of information networks;
- documentary information (document) - information fixed on any material carrier with the details allowing to identify it;
- information resources - the information irrespective of method of its representation or stores organization (documents, document files, funds of libraries, archives, databases) intended for inclusion in information systems or containing in them;
- the database - the integrated data set intended for multipurpose use and modification;
- databank - set of the program, information and technical means intended for centralized collection, storage and collective use of data on certain data domain of human activities and also data which are stored in type of files or the databases which are not connected among themselves;
- information processes - processes of collection, processing, storage, transfer, search and distribution of information;
- the material information medium - material with certain physical properties which can be used for record and storage of information;
- information products - the materialized result of information processes intended for providing information needs of public authorities, legal entities and physical persons;
- data - the documentary information circulating in the course of its processing on electronic computers;
- information system - organizationally the arranged set of documents and information technologies, including with use of computer aids and the communications realizing information processes;
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