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Federal Law "On Information, Information Technologies, and Information Protection", No. 149-FZ, July 27, 2006


This Russian Federal Act regulates relations concerning information acquitision, storage, transfer and distribution, and protection.
RUSSIAN FEDERATION
FEDERAL ACT
On Information, Information Technologies, and Information Protection

p>. Adopted
by the State Duma
On 8 July 2006

p>. Approved of
by the Council of Federation
On 14 July 2006
Article 1. Competence of the present Federal Act

    The present Federal Act shall regulate the relationships arising at:
    1) execution of the right for search, obtaining, transfer, production and distribution of information;
    2) application of information technologies;
    3) provision of information protection.
    The provisions of the present Federal Act shall not be applied to the relationships arising at legal protection of the results of intellectual activity and means of individualization equaled thereto.

Article 2. Basic concepts used in the present Federal Act

The following basic concepts shall be used in the present Federal Act:

1) information – knowledge (messages, data) regardless of the form of presentation;

2) information technologies – processes, methods of search, collection, storage, processing, supply, distribution of information and methods of carrying out of these processes and methods;

3) information system – the aggregate of the information included in the data base and information technologies and technical devices ensuring processing thereof;

4) information-telecommunication network – technological system intended for transmission of information on the communication lines, access to which is provided by means of computer equipment;

5) possessor of information – person who created independently information or obtained, on the basis of a law or contract, a right to permit or restrict access to the information determined according to some signs;

6) access to information – possibility of obtaining of information and usage thereof;

7) confidentiality of information – a requirement not to transmit certain information to the third parties without consent of the possessor, which is obligatory for the person who got access thereto;

8) delivery of information – actions directed to obtaining of information by a certain range of persons or transmission thereof to a certain range of persons;

9) distribution of information – actions directed to obtaining of information by an indefinite range of persons or transmission thereof to an indefinite range of persons;

10) electronic message – information transmitted or obtained by the user of an information-telecommunication network;

11) documented information – information with requisites making it possible to determine this information and fixed on a material carrier by means of documenting, or the material carrier in the legally established cases;

12) operator of information network – citizen or legal entity carrying out the activities on operation of the information system, including processing of the information included in the data base.
Article 3. Principles of legal regulation of relationships in the sphere of information, information technologies and information protection

Legal regulation of relationships in the sphere of information, information technologies and information protection shall be based on the following principles:

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

2) possibility for only federal acts to set restrictions on access to information;

3) openness of information on the activity of state authorities and local self-government bodies and free access thereto except for the cases established by federal acts;

4) equality of languages of the peoples of the Russian Federation in creation of information systems and operation thereof;

5) provision of security of the Russian Federation in creation of information systems and operation thereof and protection of the information included therein;

6) reliability of information and promptness of delivery thereof;

7) inviolability of private life, inadmissibility of collection, storage, usage and distribution of information on the private life of persons without their consent;

8) inadmissibility for normative legal acts to set any priorities of application of certain information technologies to others, unless obligatory application of certain information technologies for creation and operation of state information systems established by federal acts.
Article 4. Legislation of the Russian Federation on information, information technologies and information protection

    Legislation of the Russian Federation on information, information technologies and information protection shall be based on the Constitution of the Russian Federation, international treaties of the Russian Federation and shall consist of the present Federal Act and other federal acts regulating relationships on information usage.
    Legal regulation of relationships referring to organization and activity of the mass media shall be carried out in accordance with the legislation of the Russian Federation on the mass media.
    The procedure of storage and usage of the documented information included within the archives funds shall be established by the legislation of the Russian Federation.

Article 5. Information as the object of legal relations

    Information may be an object of public, civil and other regal relations. Information may be used freely by any person and transmitted by one person to another, unless restrictions to access to the information or other requirements to the procedure of delivery or distribution thereof established by federal acts.
    Subject to the category of access to the information the latter shall be divided into generally accessible information and information where access restricted by federal acts (restricted access information).
    Subject to the procedure of delivery or distribution the information shall be divided into:
    1) freely distributed information;
    2) information delivered as agreed with the persons taking part in the corresponding relationships;
    3) information which should be delivered or distributed in accordance with federal acts;
    4) information distribution of which shall be restricted or banned.

The legislation of the Russian Federation may establish types of information depending on the content of possessor thereof.
Article 6. Possessor of information

    Possessor of information may be represented by a citizen (legal entity), legal entity, the Russian Federation, subject of the Russian Federation, municipal formation.
    On behalf of the Russian Federation, subject of the Russian Federation, municipal formation, the legal competence of the possessor of information shall be ensured by the state authorities and local self-government bodies respectively within their competence established by the corresponding normative legal acts.
    Unless otherwise provided by federal acts, the possessor of information shall have the right:
    1) to permit or restrict access to information, determine the procedure and terms of this access;
    2) use the information, as well as to distribute it at his own discretion;
    3) transmit information to other persons under contract or on other legally established grounds;
    4) protect his rights by legal methods in the case of illegal obtaining of information or illegal usage thereof by other persons;
    5) perform other actions with information or permit performance thereof.
    When exercising his rights the possessor of information should:
    1) observe the rights and legal interests of other persons;
    2) take measures for information protection;
    3) restrict access to the information, if this responsibility is established by federal acts.

Article 7. Generally accessible information

    Generally accessible information should include well-known data and other information of non-restricted access.
    Generally accessible information may be used by any persons at their discretion, with observance of the restrictions referring to distribution of this information established by the federal acts.
    The possessor of the information, which became generally accessible by his decision shall have the right to require that the persons distributing this information should name themselves as the source of this information.

Article 8. Right to access to information

    Citizens (natural persons) and organizations (legal entities) (hereinafter referred to as organizations) shall have the right to search and obtain any information in any forms from any sources subject to observance of the requirements established by the present Federal Act and other federal acts.
    Citizens (natural persons) shall have the right to obtain the information from state authorities, local self-government bodies, their official persons, if this influences directly their rights and liberties, in accordance with the procedure established by the legislation of the Russian Federation.
    Organizations shall have the right to the information from state authorities, local self-government bodies, if it directly refers to the rights and responsibilities of this organization or is necessary because of interaction with these bodies at performance of the authorized activities by this organization.
    The access may not be restricted to:
    1) normative legal acts influencing rights, liberties and responsibilities of man and citizen and setting the legal status of the organizations and powers of the state authorities;
    2) information on the state of the environment;
    3) information on the activity of state authorities and local self-government bodies, as well as on usage of the budget resources (except for the data representing state or official secrets);
    4) information accumulated in open funds of libraries, museums and archives, as well as in state, municipal and other information systems created or intended for delivery of this information to citizens (natural persons) and organizations;
    5) other information, if inadmissibility of restriction of access thereto is established by federal acts.
    State authorities and local self-government bodies should provide access to information on their activity in the Russian and state language of the corresponding republic within the Russian Federation in accordance with the federal acts, acts of the subjects of the Russian federation and normative legal acts of local self-government bodies. The person wanting to get access to this information should not explain the necessity of obtaining thereof.
    Decisions and actions (inaction) of state authorities and local self-government bodies, public associations, official persons breaching the right to access to information may be protested against to a superior authority or in court.
    In the case of any losses incurred as a result of illegitimate refuse of access to information, unpunctual delivery thereof, delivery of deliberately unreliable information or non-corresponding to the content of the request, these losses shall be reimbursed in accordance with the civil legislation.
    The following information shall be delivered free of charge:
    1) on the activity of state authorities and local self-government bodies placed by these bodies in information-telecommunication networks;
    2) concerning rights and responsibilities of the interested person established by the legislation of the Russian Federation;
    3) other information established by law.
    Setting of payment for delivery of information on the activity of state authorities or local self-government bodies shall be possible only in the cases and on the terms established by federal acts.

Article 9. Restriction of access to information

    Restriction of access to information shall be established by federal acts or purposes of protection of the constitutional system, morality, health, rights and legal interests of other persons, provision of the defense of the country and security of the state.
    Observance of confidentiality of information access to which is restricted by federal acts shall be obligatory.
    Protection of information representing state secrets shall be provided in accordance with the legislation of the Russian Federation on the state secret.
    Federal acts shall establish the terms of referring of information to the data representing commercial, official and other secret, obligatory character of confidentiality of this information and responsibility for disclosure thereof.
    Information obtained by citizens (natural persons) while performing their professional duties or organizations while performing certain types of activities (professional secret) shall be protected, if these persons were entrusted with the responsibilities on observance of confidentiality of this information by federal acts.
    Information representing a professional secret may be delivered by the third parties in accordance with the federal acts and (or) by court judgement.
    The term of the performance of responsibilities for observance of confidentiality of information representing a professional secret may be restricted only with a consent of the citizen (natural person) which delivered information about himself.
    It shall be banned to require from the citizen (natural person) delivery of information about his private life, including information of personal or family secrecy and obtain this information apart from the will of the citizen (natural person), unless otherwise provided by the federal acts.
    The procedure of access to personal data of citizens (natural persons) shall be established by the federal act on the personal data.

Article 10. Distribution of information and delivery of information

    In the Russian federation distribution of information shall be carried out freely, with observance of the requirements established by the legislation of the Russian Federation.
    Information distributed without involving the mass media should include reliable data on possessor thereof or on another person distributing the information, in the form and volume sufficient for identification of this person.
    If for distribution of information the means are used making it possible to determine recipients of information, including those of postal mailings and electronic messages, the person distributing the information should give the recipient of information a possibility of refusal thereof.
    Delivery of information is ensured according to the procedure established by an agreement of persons taking part in the information exchange.
    Cases and terms of obligatory distribution of information or delivery thereof, including delivery of obligatory copies of documents shall be established by federal acts.
    Distribution of information directed to propaganda of war, stirring up hatred and hostility, as well as other information, which provides criminal or administrative responsibility shall be banned.

Article 11. Documenting of information

    The legislation of the Russian Federation or an agreement of the sides may establish requirements to documenting of information.
    In the federal executive authorities documenting of information is carried out according to the procedure established by the Government of the Russian Federation. The rules of the office work and document turnover established by other state authorities, local self-government bodies within their competence should correspond to the requirements set by the Government of the Russian Federation in the part of office work and document turnover for federal executive authorities.
    The electronic message signed by an electronic digital signature or another analogue of the autograph shall be regarded as an electronic document equal to the autograph, unless the federal act or another normative legal act establishes or means the requirement on making out of such a document on a paper carrier.
    For purposes of making civil-legal contracts or execution of other legal relations involving people exchanging electronic messages, the exchange of electronic messages each of which is signed by an electronic digital signature or another analogue of the sender’ autograph shall be regarded as an exchange of documents, according to the procedure established by the federal acts.
    The right of ownership and other property rights to material carriers containing documented information shall be established by the civil legislation.

Article 12. State regulation in the sphere of application of information technologies

    State regulation in the sphere of application of information technologies shall provide:
    1) regulation of relations connected with search, obtaining, transmission, production and distribution of information involving information technologies on the basis of principles established by the present Federal Act;
    2) development of information systems of various purpose in order to supply citizens (natural persons), organizations, state authorities and local self-government bodies with information, as well as provision of interaction of these systems;
    3) creation of conditions for efficient usage of information-telecommunication systems in the Russian Federation, including the Internet and other similar information-telecommunication systems.
    In accordance with their competence the state authorities, local self-government bodies shall:
    1) take part in the development and implementation of target programmes of application of information technologies;
    2) create information systems and provide access to the included information in Russian and the state language of the corresponding republic within the Russian Federation.

Article 13. Information systems

    Information systems shall include:
    1) state information systems – federal information systems and regional information systems created on the basis of federal acts, acts of the subjects of the Russian Federation, legal acts of state authorities respectively;
    2) municipal information systems created on the basis of decisions of local self-government bodies;
    3) other information systems.
    Unless otherwise established by federal acts, the operator of an information system shall be the owner of the technical devices used for processing of the information included in the data base, who legitimately uses these data base, or a person with whom the owner made a contract of operation of the information system.
    The rights of the owner of information containing in the data bases of the information system shall be protected regardless of the copyright and other rights thereto.
    The requirements to the state information systems established by the present Federal Act shall be applied to municipal information systems, unless otherwise provided by the legislation of the Russian Federation on local self-government.
    Specifics of operation of state information systems and municipal information systems may be established in accordance with technical regulations, normative legal acts of state authorities, normative legal acts of local self-government bodies making decisions on creation of these information systems.
    The procedure for creation and operation of information systems other than state or municipal information systems shall be determined by operations of these information systems in accordance with the requirements established by the present Federal Act or other federal acts.

Article 14. State information systems

    State information systems shall be created for purposes of implementation of powers of state authorities and ensuring of information exchange between these authorities, as well as for other purposes established by federal acts.
    State information systems shall be created with the account of the requirements provided by the Federal Act N 94-FZ “On placement of orders for supply of goods, performance of works, rendering of services for state and municipal purposes” of 21 July 2005.
    State information systems shall be created and operated on the basis of statistical and other documented information provided by citizens (natural persons), organizations, state authorities, local self-government bodies.
    The lists of the types of information provided without fail shall be established by federal acts, terms of provision – by the Government of the Russian Federation or corresponding state authorities, unless otherwise provided by federal acts.
    Unless otherwise established by the decision on creation of the state information system, the functions of its operator shall be carried out by the customer who made a state contract for creation of this information system. The state information system shall be put in operation according to the procedure established by this customer.
    The Government of the Russian Federation shall have the right to establish obligatory requirements to the procedure of putting in operation of certain state information systems.
    Operation of state information systems without proper execution of the rights to usage of its components being objects of intellectual property shall not be permitted.
    Technical means intended for processing of information included in state information systems, as well as software means and means of information protection should correspond to the requirements of the legislation of the Russian Federation on technical regulation.
    Information included in state information systems, as well as other data and documents at the disposal of the state authorities shall be state information resources.

Article 15. Usage of information-telecommunication networks

    Usage of information-telecommunication networks on the territory of the Russian Federation shall be provided with observance of the requirements of the legislation of the Russian Federation in the sphere of communication, the present Federal Act and other normative legal acts of the Russian Federation.
    Regulation of usage of information-telecommunication network access to which is not limited to a certain range of persons shall be carried out in the Russian federation with the account of the generally accepted international practice of the activity of self-regulated organizations in this sphere. The procedure of usage of other information-telecommunication network shall be determined by the owners of thereof with the account of the requirements established by the present Federal Act.
    Usage of information-telecommunication networks on the territory of the Russian Federation in economic and other activities may not be the basis for establishing additional requirements or restrictions referring to regulation of the above-mentioned activity carried out without these networks, or for non-observance of the requirements established by the federal acts.
    Federal Acts may provide obligatory identification of the personality, organizations using information-telecommunication networks in entrepreneurial activity. The recipient of an electronic message located on the territory of the Russian Federation shall have the right to make an inspection to establish the sender thereof, and in the cases established by federal acts or agreements of the sizes, should make this inspection.
    Transfer of information by information-telecommunication networks shall not be limited, provided the legally established requirements to information distribution and protection of the objects of intellectual property are observed. Transfer of information may be restricted only according to the procedure and on the terms established by federal acts.
    Specifics of connection of state information systems to information-telecommunication networks may be established by normative legal acts of the President of the Russian Federation or normative legal acts of the Government of the Russian Federation.

Article 16. Protection of information

    Protection of information shall represent making of legal, organizational and technical measures directed to:
    1) protection of information against illegal access, elimination, modification, blocking, copying, supply, distribution and other illegitimate actions with reference thereto;
    2) confidentiality of information of restricted access;
    3) implementation of the right to access to information.
    State regulation of the relations in the sphere of information protection shall be carried out by establishing the requirements on information protection and responsibility for breach of the legislation of the Russian Federation on information, information technologies and information protection.
    Requirements to protection of generally accessible information may be established only to achieve the goals specified in clauses 1 and 3 of the present article.
    In the cases provided by the legislation of the Russian Federation the possessor of information, operator of an information system should ensure:
    1) prevention of unsanctioned access to information and (or) transfer thereof to the persons that do not have access thereto;
    2) prompt revelation of facts of unsanctioned access to information;
    3) prevention of a possibility of unfavourable consequences of infringement of the procedure of access to information;
    4) prevention of influence on technical means of information processing resulting in functioning disorders;
    5) a possibility of prompt restoration of information modified or eliminated as a result of unsanctioned access thereto;
    6) permanent control over information protection.
    The requirements to protection of the information included in state information systems shall be established by the federal executive authority for security and the federal executive authority for counteraction to technical intelligence services and technical protection of information within their competence. In the case of creation and operation of state information systems the methods and ways of information protection should correspond to the above-mentioned requirements.
    Federal acts may set restrictions on usage of certain means of information protection and performance of certain types of activities in the sphere of information protection.

Article 17. Responsibility for legal offenses in the sphere of information. Information technologies and information protection

    Violation of the requirements of the present Federal Act shall entail disciplinary, civil-legal, administrative or criminal responsibility in accordance with the legislation of the Russian Federation.
    Persons, whose rights and legal interests were breached because of disclosure of information of restricted access or other illegitimate usage shall have the right to appeal to court to protect their rights according to the established procedure, as well as to sue for reimbursement of losses, compensation for moral damage, protection of dignity, honour and business reputation. The requirement of reimbursement of losses may not be satisfied if it is made by the person who did not take measures ensuring confidentiality of information or breached legally established requirement on information protection, if these taking of these measures and observance of these requirements were a responsibility of this person.
    If distribution of certain information is restricted or banned by federal acts, civil-legal responsibility therefore shall be born by the person rendering the following services:
    1) transfer of information provided by another person subject to transfer thereof without changes and corrections;
    2) storage of information and provision of access thereto, provided this person could not know on the illegal character of distribution thereof.

Article 18. On considering of certain legal acts (provisions of legislative acts) of the Russian Federation as having lost their force

The following documents shall be considered as having lost their force:

1) Federal Act N 24-FZ “On information, informatization and information protection” of 20 February 1995 (Collection of the legislation of the Russian Federation, 1995, N8, art. 609);

2) Federal Act N 85-FZ “On participation in international information exchange” of 4 July 1996 (Collection of the legislation of the Russian Federation, 1996, N28, art. 3347);

3) Article 16 of the Federal Act N 15-FZ “On amendments and additions to certain legislative acts of the Russian Federation in connection with adoption of the Federal Act “On licensing of certain types of activities” of 10 January 2003 (Collection of the legislation of the Russian Federation, 2003, N2, art. 167);

4) Article 21 of the Federal Act N 86-FZ “On amendments and additions to certain legislative acts of the Russian Federation, considering certain legislative acts of the Russian Federation as having lost their force, giving guaranties to workers of the bodies of internal affairs, bodies for control over turnover of drugs and psychotropic substances and abolished federal bodies of fiscal police in connection with measures for improvement of state administration” of 30 June 2003 (Collection of the legislation of the Russian Federation, 2003, N27, art. 2700);

5) Article 39 of the Federal Act N 58-FZ “On amendments and additions to certain legislative acts of the Russian Federation and considering certain legislative acts of the Russian Federation as having lost their force in connection with measures for improvement of state administration” of 29 June 2004 (Collection of the legislation of the Russian Federation, 2004, N27, art. 2711).

p>. President of the Russian Federation
V. Putin

p>. Moscow, Kremlin
27 July 2006
N 149-FZ