Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

MODEL LAW OF COMMONWEALTH OF INDEPENDENT STATES

of April 3, 2008

The model information code for the State Parties of the CIS

PART ONE

Section I. General provisions

Chapter 1. Bases of the information legislation

Article 1. Main objectives of the information legislation

Main objectives of the national information legal system are:

- creation of the legal basis for creation of information society;

- providing and protection of constitutional rights and human freedoms in the information sphere;

- ensuring information security of the person, society and state;

- assistance to development of system of information resources, to creation of the developed information infrastructure, increase in efficiency of business activity in the information sphere;

- creation of legal conditions for workable competition in the market of information services and works;

- creation of legal conditions for effective information support of physical persons and legal entities, public authorities and local government bodies;

- ensuring legal support and protection of the national producer of information products and information technologies;

- harmonization with the international legislation in the information sphere.

Article 2. Basic principles of the information legislation

The information legislation is based on the following basic principles:

- ensuring freedom of obtaining and distribution of information for all subjects of information relations and the information and infrastructure relations;

- ensuring availability, reliability, completeness and timeliness of information;

- establishment of balance of the rights and legitimate interests of the person, society and state in information activities;

- recognition of information object of civil legal relationship;

- restriction of information access only based on the law;

- ensuring obligation of the publication of socially important information;

- ensuring minimization of negative information impact and negative consequences of functioning of information technologies;

- non-admission of unauthorized distribution, use and destruction of information;

- harmonization of the national information legal system with the international legislation and the legislation of other countries.

Article 3. Regulatory legal acts of the information legislation

The basis of the information legislation is constituted by the constitution and the information code.

The laws, and also resolutions and orders of the government, the ministries and departments, local government bodies published by them within their competence according to the constitution and the information code belong to regulatory legal acts of the information legislation.

The legal acts providing regulation of information and information and infrastructure relations differently than it is provided by the information code, shall contain regulations which make corresponding changes to this code.

Chapter 2. Guarantees and protection of the rights and interests in the information sphere

Article 4. Basic rights and freedoms in the information sphere

Everyone has the right to freely look for, receive, use, to create, extend and store information by any legal methods and means, irrespective of frontiers.

Article 5. Restriction of the rights and freedoms in the information sphere

Implementation of the rights and freedoms in the information sphere can be limited only to the law for the benefit of protection of bases of the constitutional system, ensuring national security, are sewn up territorial integrity and public order for the purpose of prevention of conflicts or crimes, for protection of health and the moral of the population, for protection of reputation or the rights of other people, for non-admission of unauthorized distribution, use and destruction of information with limited access or for support of the authority and impartiality of justice.

Article 6. Guarantees of the rights and interests in the information sphere

Providing information human rights and freedoms in the information sphere, ensuring information security is the most important function of the state.

Providing the right of each person to freedom of search, obtaining, use, creation, distribution and storage of information with any legal methods and means is assigned to public authorities and local self-government.

Public authorities and local government bodies, legal entities shall provide information on request of subjects of the information relations and the information and infrastructure relations, except for to information, access to which is limited by the law.

Article 7. Ownership limitation on information

Nobody can be illegally deprived of the property right to information.

Compulsory acquisition of information, information products and information resources can be performed only by way of exception based on their public importance or reference to the state secrets, on basis and according to the procedure, established by the law, on condition of total compensation of their cost.

Article 8. Protection of the rights and interests in the information sphere

Everyone has right of defense of the rights and interests in the information sphere.

Public authorities and local government bodies shall take all necessary measures for the purpose of ensuring protection of the rights and interests in the information sphere.

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