of July 27, 2006 No. 149-FZ
About information, information technologies and on information protection
Accepted by the State Duma on July 8, 2006
Approved by the Federation Council on July 14, 2006
1. This Federal Law governs the relations arising in case of:
1) implementation of the right to search, obtaining, transfer, production and distribution of information;
2) use of information technologies;
3) ensuring information protection.
2. Provisions of this Federal Law do not extend to the relations arising in case of the legal protection of results of intellectual activities and the means of individualization equated to them, except as specified, provided by this Federal Law.
In this Federal Law the following basic concepts are used:
1) information - data (messages, data) irrespective of form of their representation;
2) information technologies - processes, methods of search, collection, storage, processing, provision, distribution of information and methods of implementation of such processes and methods;
4) information and telecommunication network - the technological system intended for transfer on information communication lines, access to which is provided with use of computer aids;
5) the owner of information - the person who independently created information or received the right to permit or limit information access based on the law or the agreement, determined by any signs;
6) information access - possibility of receipt of information and its use;
7) confidentiality of information - obligatory for accomplishment by person who got access to certain information, the requirement not to transfer such information to the third parties without the consent of its owner;
8) provision of information - the actions directed to receipt of information by certain group of people or information transfer to certain group of people;
9) distribution of information - the actions directed to receipt of information by the indefinite group of people or information transfer to the indefinite group of people;
10) the electronic message - the information transferred or received by the user of information and telecommunication network;
11) documentary information - information fixed on the material carrier by documentation with the details allowing to determine such information or in the cases established by the legislation of the Russian Federation its material carrier;
11. 1) the electronic document - the documentary information provided electronically that is in the type suitable for perception by the person with use of electronic computers, and also for transfer on information and telecommunication networks or processings in information systems;
12) the operator of information system - the citizen or the legal entity performing activities for operation of information system, including for the information processing containing in its databases.
13) the website in Internet network - set of programs for electronic computers and other information containing in information system, access to which is provided by means of the Internet (further - Internet network), on domain names and (or) to the network addresses allowing to identify the websites in Internet network;
14) the page of the website in Internet network (further also - the Internet page) - part of the website in Internet network, access to which is provided according to the pointer consisting of the domain name and characters determined by the owner of the website in Internet network;
15) domain name - the designation by characters intended for addressing of the websites in Internet network for the purpose of ensuring access to information which is posted online "Internet";
16) the network address - the identifier on the data communication network determining the subscriber terminal or other means of communication incoming information system when rendering telematic communication services;
17) the owner of the website in Internet network - person, independently and at discretion determining procedure for use of the website in Internet networks, including procedure for placement of information on such website;
18) provider of hosting - person rendering services in provision of computing capacity for placement of information in the information system which is constantly connected to Internet network;
19) single system of identification and authentication - federal state information system which procedure for use is established by the Government of the Russian Federation and which provides in cases, stipulated by the legislation to the Russian Federation, authorized access to information containing in information systems;
20) search engine - the information system performing at the request of the user net search "Internet" of information of certain content and providing to the user the information on the pointer of the page of the website in Internet network for access to the queried information located on the websites in Internet network belonging to other persons, except for information systems, used for implementation of the state and municipal functions, rendering the state and municipal services, and also for implementation of other public powers established by the Federal Laws;
21) identification - set of actions for establishment of information about person and their check performed according to the Federal Laws and regulatory legal acts adopted according to them and to comparison of these data to the unique designation (unique designations) of information about person necessary for determination of such person (further - the identifier);
22) authentication - set of actions for check of person on accessory to it the identifier (identifiers) by means of its comparison to information about person which person who is carrying out authentication and to establishment of legitimacy of ownership of person of the identifier (identifiers) by means of use authenticating (authenticating) sign (signs) within the procedure of authentication therefore person is considered established has.
Legal regulation of the relations arising in the field of information, information technologies and information protection is based on the following principles:
1) freedom of search, obtaining, transfer, production and distribution of information by any legal method;
3) openness of information on activities of state bodies and local government bodies and open entry to such information, except the cases established by the Federal Laws;
4) equality of languages of the people of the Russian Federation during creation of information systems and their operation;
5) safety of the Russian Federation during creation of information systems, their operation and protection of information containing in them;
6) accuracy of the information and timeliness of its provision;
7) personal privacy, inadmissibility of collection, storage, use and distribution of information on private life of person without its consent;
8) inadmissibility of establishment by regulatory legal acts of any benefits of use of one information technologies before others if only obligation of use of certain information technologies for creation and operation of the state information systems is not established by the Federal Laws.
1. The legislation of the Russian Federation on information, information technologies and on 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 governing the relations on use of information.
2. Legal regulation of the relations connected with the organization and activities of mass media is performed in accordance with the legislation of the Russian Federation about mass media.
3. The procedure for storage and use of the documentary information included in structure of archive funds is established by the legislation on archiving in the Russian Federation.
1. Information can be object of public, civil and other legal relations. Information can freely be used by any person and be transferred by one person to other person if the Federal Laws do not set access restrictions to information or other requirements to procedure for its provision or distribution.
2. Information depending on category of access to it is subdivided into public information, and also into information, access to which is limited by the Federal Laws (information of limited access).
3. Information depending on procedure for its provision or distribution is subdivided on:
1) information which is freely distributed;
2) information provided under the agreement of persons participating in the corresponding relations;
3) information which according to the Federal Laws is subject to provision or distribution;
4) information which distribution in the Russian Federation is limited or forbidden.
4. By the legislation of the Russian Federation types of information depending on its content or the owner can be established.
1. The citizen (physical person), the legal entity, the Russian Federation, the subject of the Russian Federation, the municipality can be the owner of information.
2. On behalf of the Russian Federation, the subject of the Russian Federation, municipality of competence of the owner of information are performed respectively by state bodies and local government bodies within their powers established by the corresponding regulatory legal acts.
3. The owner of information, if other is not provided by the Federal Laws, has the right:
1) to permit or limit information access, to determine procedure and conditions of such access;
2) to use information, including to distribute it, at discretion;
3) to transfer information to other persons under the agreement or on other basis established by the law;
4) to protect by the methods established by the law the rights in case of illegal receipt of information or its illegal use by other persons;
5) to perform other actions with information or to resolve implementation of such actions.
4. The owner of information when implementing the rights shall:
1) to observe the rights and legitimate interests of other persons;
2) to take measures for information protection;
3) to limit information access if such obligation is established by the Federal Laws.
1. Well-known data and other information, access to which is not limited, belong to public information.
2. Public information can be used by any persons at their discretion in case of observance of the restrictions on distribution of such information established by the Federal Laws.
3. The owner of information which became public according to its decision having the right to demand from persons distributing such information, to specify itself as source of such information.
4. Information which is posted online by its owners "Internet" in the format allowing the automated processing without preliminary changes by the person for the purpose of its repeated use is the public information placed in the form of open data.
5. Information in the form of open data is posted online "Internet" taking into account requirements of the legislation of the Russian Federation about the state secret. If placement of information in the form of open data can lead to distribution of the data which are the state secret, placement of the specified information in the form of open data shall be stopped upon the demand of the body given authority according to the order such data.
6. If placement of information in the form of open data can entail violation of the rights of owners of information, access to which is limited according to the Federal Laws, or violation of the rights of subjects of personal data, placement of the specified information in the form of open data shall be stopped by a court decision. If placement of information in the form of open data is performed with violation of requirements of the Federal Law of July 27, 2006 No. 152-FZ "About personal data", placement of information in the form of open data shall be suspended or stopped upon the demand of authorized body on protection of the rights of subjects of personal data.
1. Citizens (physical persons) and the organizations (legal entities) (further - the organizations) have the right to perform search and receipt of any information in any forms and from any sources on condition of observance of the requirements established by this Federal Law and other Federal Laws.
2. The citizen (physical person) has the right from state bodies, local government bodies, their officials according to the procedure, established by the legislation of the Russian Federation, information which is directly affecting its rights and freedoms.
3. The organization has the right from state bodies, local government bodies of information which is directly concerning the rights and obligations of this organization, and also information necessary in connection with interaction with the specified bodies when implementing of the authorized activities by this organization.
1) to the regulatory legal acts affecting the rights, freedoms and obligations of man and citizen, and also establishing legal status of the organizations and power of state bodies, local government bodies;
3) information on activities of state bodies and local government bodies, and also on use of budgetary funds (except for the data which are the state or official secret);
4) information accumulated in open-end funds of libraries, museums, and also in the state, municipal and other information systems created or intended for providing citizens (physical persons) and organizations with such information;
4. 1) information containing in archive documents of archive funds (except for data and documents, access to which is limited by the legislation of the Russian Federation);
5. State bodies and local government bodies shall provide access, including with use of information and telecommunication networks, including Internet networks, to information on the activities in Russian and state language of the respective republic within the Russian Federation according to the Federal Laws, the laws of subjects of the Russian Federation and regulatory legal acts of local government bodies. Person wishing to get access to such information shall not prove need of its obtaining.
6. Decisions and the actions (failure to act) of state bodies and local government bodies, public associations, officials violating the right to information access can be appealed in higher body or to the higher official or in court.
7. If as a result of illegal access denial to information, its untimely provision, provision obviously doubtful or not corresponding losses were caused to content of information request, such losses are subject to compensation according to the civil legislation.
8. Information is provided free of charge:
1) about activities of state bodies and local government bodies, placed 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 established by the law.
9. Establishment of payment for provision by state body or local government body of information on the activities is possible only in cases and on conditions which are established by the Federal Laws.
1. Access restriction to information is set by the Federal Laws for the purpose of protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring defense of the country and safety of the state.
2. Maintaining confidentiality of information, access to which is limited by the Federal Laws, is obligatory.
2.1. Procedure for identification of information resources for the purpose of taking measures to access restriction to information resources, requirements to methods (methods) of restriction of such access applied according to this Federal Law and also requirements to the placed information on access restriction to information resources are determined by the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication.
3. Information protection, being the state secret, is performed in accordance with the legislation of the Russian Federation about the state secret.
4. The Federal Laws establish conditions of reference of information to the data which are trade secret, official secret and other secret, obligation of maintaining confidentiality of such information, and also responsibility for its disclosure.
5. Information obtained by citizens (physical persons) in case of execution of professional obligations by them or the organizations when implementing of certain types of activity by them (professional secrecy) is subject to protection in cases if to these persons the Federal Laws assign obligations on maintaining confidentiality of such information.
6. Information which is professional secrecy can be provided to the third parties according to the Federal Laws and (or) by a court decision.
7. Completion date of obligations on maintaining confidentiality of information which is professional secrecy can be limited only with the consent of the citizen (physical person) which provided such information on itself.
8. It is forbidden to demand from the citizen (physical person) of provision of information on his private life, including information which is personal or family secret and to obtain such information without volition of the citizen (physical person) if other is not provided by the Federal Laws.
9. The procedure for access to personal data of citizens (physical persons) is established by the Federal Law on personal data.
1. In the Russian Federation distribution of information is performed freely in case of observance of the requirements established by the legislation of the Russian Federation.
2. Information distributed without use of mass media shall include the authentic information about its owner or about the other person distributing information in form and in amount which are sufficient for identification of such person. The owner of the website in Internet network shall post on the website belonging to it information on the name, the location and the address, the e-mail address for the direction of the statement specified in article 15.7 of this Federal Law and also has the right to provide possibility of the direction of this statement by means of filling of electronic form on the website in Internet networks.
3. When using for distribution of information of the means allowing to determine receivers of information, including mailings and electronic messages, person distributing information shall provide to the receiver of information deniability from such information.
4. Provision of information is performed according to the procedure which is established by the agreement of persons participating in information exchange.
5. Cases and conditions of obligatory distribution of information or provision of information, including provision of obligatory copies of documents, are established by the Federal Laws.
6. Distribution of information which is directed to propaganda for war, incitement of national, racial or religious hatred and hostility, and also other information for which distribution the criminal or administrative responsibility is provided is forbidden.
7. Distribution of messages and materials of the foreign mass media performing functions of the foreign agent and determined according to the Law of the Russian Federation of December 27, 1991 No. 2124-1 "About mass media", and (or) the Russian legal entity founded by it without specifying that these messages and materials are created and widespread such persons is forbidden. Form, requirements to placement and procedure for placement of such specifying are established by authorized federal executive body.
1. The organizer of distribution of information to Internet networks is person performing activities for ensuring functioning of information systems and (or) programs for electronic computers which are intended and (or) transfers, deliveries and (or) processings of electronic messages of net surfers "Internet" are used for acceptance.
2. The organizer of distribution of information to Internet networks shall notify in the procedure established by the Government of the Russian Federation the federal executive body performing functions on control and supervision in the field of mass media, mass communications, information technologies and communication on the beginning of implementation of the activities specified regarding 1 this Article.
1) information on the facts of acceptance, transfer, delivery and (or) processing of voice information, the written text, images, sounds, video or other electronic messages of net surfers "Internet" and information on these users within one year from the moment of the end of implementation of such actions;
2) text messages of net surfers "Internet", voice information, images, sounds, video, other electronic messages of net surfers "Internet" up to six months from the moment of the end of their acceptance, transfer, delivery and (or) processing. The procedure, terms and amount of storage of information specified in this subitem are established by the Government of the Russian Federation.
3.1. The organizer of distribution of information to Internet networks shall provide information specified in part 3 of this Article to the authorized state bodies performing investigation and search operations or safety of the Russian Federation in the cases established by the Federal Laws.
4. The organizer of distribution of information to Internet networks shall provide realization established by federal executive body in the field of communication in coordination with the authorized state bodies performing investigation and search operations or safety of the Russian Federation, requirements to the equipment and the program technical means used by the specified organizer in the information systems operated by it for carrying out by these bodies in the cases established by the Federal Laws, actions for the purpose of realization of the tasks assigned to them and also to take measures for non-admission of disclosure of organizational and policy strokes of holding these actions. The order of interaction of organizers of distribution of information to Internet networks with the authorized state bodies performing investigation and search operations or safety of the Russian Federation is established by the Government of the Russian Federation.
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