Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF TAJIKISTAN

of December 2, 2002 No. 71

About information protection

(Law RT as amended of December 26, 2005 No. 132)

Chapter I. General provisions

Article 1. Information protection purposes

Treat the purposes of information protection:

prevention of leakage, plunder, loss, misstatement, information counterfeit;

prevention of unauthorized actions for destruction, modification, misstatement, copying, blocking of information;

warning of the authorized and unauthorized actions which can entail deliberate or inadvertent destruction, blocking, misstatement (counterfeit), plunder, copying, leakage, modifying and information transform.

Article 2. Basic concepts

In this Law the following concepts are used:

technical supply of information system - set of the technical means intended for work of information system and also the corresponding documentation on these means and engineering procedures;

the software of information system - set of programs for realization of the purposes and tasks of information system, and also for normal functioning of complex of technical means;

information protection - complex of the events held for the purpose of prevention of leakage, plunder, loss, unauthorized destruction, misstatement, modification (counterfeit), unauthorized copying and blocking of information;

efficiency of information protection - degree of compliance of the achieved results of actions for information protection to effective objectives of protection;

information protection performance monitoring - check of compliance of efficiency of actions for information protection to the established requirements or regulations of efficiency of protection;

safety of information - condition of security of information processed in information systems from internal or external threats;

information leakage - uncontrollable distribution of the protected information as a result of illegal access;

illegal access - receipt of the protected information by the interested subject with violation by the established legal documents or the owner (owner) of information of the rights or rules of access to the protected information;

disclosure of the protected information - unauthorized bringing the protected information to the consumers who do not have access rights to this information;

modification of information - change of information which require permission of the author or the owner of information;

information transform - changes of information as a result of the transactions ordered by information system or technology;

misstatement and counterfeit of information - change of information as a result of the made transactions on concealment, elimination, replacement or introduction of any elements of information at the syntactic, semantic or pragmatical levels;

blocking of information - actions which consequence the termination of information access is;

destruction of information - intentional or reckless act owing to which information ceases to exist for legal entities or physical persons in complete or limited scope;

certification of information security products - process of establishment of compliance of the used information security products, to requirements of state standards or other regulating documents of the Republic of Tajikistan for information protection.

Article 3. Legislation on information protection

The legislation of the Republic of Tajikistan on information protection is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.

Article 4. Information security products

Treat information security products:

- organizational;

- technical;

- program;

- equipment rooms;

- physical;

- cryptographic.

Article 5. Subject to protection

Subject to protection is documentary information in relation to which certain rules and restrictions of its use with the legislation of the Republic of Tajikistan, are established by the owner or the owner of such information.

Article 6. Subjects of legal relationship in the field of information protection

As subjects of legal relationship in the field of information protection the state on behalf of state bodies, the physical persons and legal entities having the right to establishment of certain rules and procedures for information protection according to the legislation of the Republic of Tajikistan and also restrictions during the work with information act.

Article 7. Guarantee of legal protection

Subjects of legal relationship, when ensuring information protection have right of defense from the caused damage owing to the lawful or wrongful acts which entailed destruction, blocking, misstatement (counterfeit), plunder, copying, leakage, modifying, information transform and also in case of copyright violation, the rights of owners or owners of information in accordance with the established procedure.

Article 8. Regulation of the relations between subjects of legal relationship when ensuring information protection

The relations between subjects of legal relationship when ensuring information protection are governed by the legislation of the Republic of Tajikistan determining information category by the access level to it, procedure for ensuring information protection and also the contracts and agreements signed between subjects of legal relationship.

Subjects of legal relationship shall inform each other on properties, methods and processing forms of information, its protection and to receive the consent of the owner or owner of information to its processing.

Chapter II. Organization of information protection

Article 9. State regulation and management in the field of information protection

The state body authorized by the Government of the Republic of Tajikistan exercises control of information protection in the way:

carrying out single technical policy on information protection;

developments of concepts, requirements, normative and technical documents and scientific and methodical recommendations about information protection;

approvals of procedure for the organization, functioning and control over the implementation of the measures directed to information protection, the being property of the state, and also recommendations about the information protection which is in property of physical persons and legal entities;

organizations of testing and certification of information security products;

creations of departmental and industry coordination structures for information protection;

carrying out employee assessment of certification authorities, centers and laboratories, issues of licenses in the field of information protection;

control of performance of works on the organization of information protection;

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