Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF TURKMENISTAN

of May 3, 2014 No. 72-V

About information and its protection

(as amended of the Law of Turkmenistan of 14.03.2020 No. 234-VI)

This Law governs the relations arising when implementing the right to search, collection, obtaining, departure, production, storage, provision, distribution and use of information, and also use of information technologies and ensuring information protection.

Article 1. The basic concepts used in this Law

For the purposes of this law the following basic concepts are used:

1) information - all data or messages irrespective of method of their search, storage, processing, representation and distribution;

2) information technologies - methods and ways of search, collection, storage, processing, provision and distribution of information;

3) information system - set of information containing in databases and information technologies and technical means providing its processing;

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 based on the law or the agreement go to limit information access, determined by any signs;

6) information access - possibility of receipt of information and its use;

7) the user of information - person having access to use by information on the agreement or other legal cause;

8) confidentiality of information - obligatory for accomplishment by person who got access to use of certain information, the requirement not to transfer such information to the third parties without the consent of its owner providing confidentiality of information;

9) provision of information - the actions directed to receipt of information by certain group of people or information transfer to certain group of people;

10) 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;

11) the electronic message - the information transferred or received by the user of information and telecommunication network;

12) the electronic document - information created in electronic form on the basis of information technologies and suitable for processing;

13) 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 Turkmenistan - its material carrier;

14) the operator of information system - the physical person or legal entity performing activities for operation of information system, including for the information processing containing in its databases;

15) 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 information and telecommunication the Internet of network on domain names or to the network addresses allowing to identify the websites in the Internet of network;

16) domain name - the sign designations created for addressing of the websites in the Internet of network for the purpose of ensuring access to information placed in Internet network;

17) the address of network - the identifier on the data communication network determining the subscriber terminal or other means of communication incoming information system when rendering telematic communication services;

18) the owner of the website in Internet network - person, independently and at discretion determining procedure for use of the websites of Internet network, including procedure for placement of information on such website;

19) 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.

Article 2. Legislation of Turkmenistan on information and its protection

1. The legislation of Turkmenistan on information and its protection is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan adopted on its basis.

2. Legal regulation of the relations connected with the organization and activities of mass media is performed according to the legislation of Turkmenistan on mass media.

3. The procedure for storage and use of the documentary information included in structure of archive funds is established by the legislation of Turkmenistan on archives and archiving.

4. Regulations of this Law do not extend to the legal relations arising in case of protection of results of intellectual activities and the isolated means equated to them.

5. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules international Agr. of ovor are applied.

Article 3. The principles of legal regulation of the relations in the field of information and its protection

Legal regulation of the relations arising in the field of information and its protection is based on the following principles:

1) freedom of search, obtaining, transfer, production, collection, storage and distribution of information by any legal method;

2) establishment of access restrictions to information only the law;

3) openness of information on activities of state bodies, bodies of the local executive authority and local government bodies and open entry to such information, except the cases established by the legislation of Turkmenistan;

4) it is provided iye questions of ensuring national security of Turkmenistan during creation of information systems, their operation and protection of information containing in them;

5) accuracy of the information and timeliness of its provision;

6) personal privacy, inadmissibility of collection, storage, use and distribution of information on private life of person without its consent;

7) inadmissibility of establishment by regulatory legal acts of Turkmenistan of any benefits of use of one information technologies before others if obligation of use of certain information technologies for creation and operation of the state information systems is not established by the legislation of Turkmenistan.

Article 4. Information as object of legal relations

1. Information can be object of civil and other legal relations. Information can freely be used by any person and be transferred by one person to other person if the legislation of Turkmenistan does 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 legislation (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 legislation of Turkmenistan is subject to provision or distribution;

4) information which distribution in Turkmenistan is limited or forbidden.

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