Federal Law of February 20, 1995 N 24-FZ On information, informatization and information protection.
Federal Law of February 20, 1995 N 24-FZ
«On Information, Informatization, and Information Protection»
Adopted by the State Duma on January 25, 1995
Chapter 1. General Provisions
Article 1. Scope of this Federal Law
This Federal Law regulates relations arising in the course of: the formation and use of information resources based on the creation, collection, processing, accumulation, storage, search, distribution and provision of documented information to the consumer; the creation and use of information technologies and means of their support; the protection of information, the rights of subjects participating in information processes and informatization.
This Federal Law does not affect relations regulated by the Law of the Russian Federation «On Copyright and Related Rights».
Article 2.The main directions of the state policy in the field of informatization are: ensuring conditions for the development and protection of all forms of ownership of information resources; formation and protection of state information resources; creation and development of federal and regional information systems and networks, ensuring their compatibility and interaction in the single information space of the Russian Federation; creation of conditions for high-quality and effective information support of citizens, government bodies, local government bodies, organizations and public associations on the basis of state information resources; ensuring national security in the field of informatization, as well as ensuring the implementation of the rights of citizens and organizations in the context of informatization; promoting the formation of a market for information resources, services, information systems, technologies, and means of their support; formation and implementation of a unified scientific, technical and industrial policy in the field of informatization taking into account the modern world level of information technology development; support for informatization projects and programs; creation and improvement of a system for attracting investment and a mechanism for stimulating the development and implementation of informatization projects; development of legislation in the field of information processes, informatization and information protection.
Chapter 2. Information resources
Article 4. Fundamentals of the legal regime of information resources
Information resources are objects of relations between individuals, legal entities, and the state; they constitute information resources of Russia and are protected by law along with other resources.
The legal regime of information resources is determined by the norms establishing: the procedure for documenting information; the right of ownership of individual documents and individual document arrays, documents and document arrays in information systems; the category of information by the level of access to it; the procedure for legal protection of information.
Article 5.Documentation of information
Documentation of information is a mandatory condition for inclusion of information in information resources. Documentation of information is carried out in the manner established by state authorities responsible for the organization of office work, standardization of documents and their arrays, security of the Russian Federation.
A document received from an automated information system acquires legal force after it is signed by an official in accordance with the procedure established by the legislation of the Russian Federation.
The legal force of a document stored, processed and transmitted using automated information and telecommunication systems may be confirmed by an electronic digital signature. The legal force of an electronic digital signature is recognized if the automated information system has software and hardware that ensures the identification of the signature and if the established mode of their use is observed.
The right to certify the identity of an electronic digital signature is exercised on the basis of a license. The procedure for issuing licenses is determined by the legislation of the Russian Federation.
Article 6. Information resources as an element of the composition of property and an object of property rights
Information resources may be non-state and, as an element of property, are owned by citizens, state authorities, local governments, organizations and public associations. Relations regarding the right of ownership of information resources are regulated by the civil legislation of the Russian Federation.
Individuals and legal entities are the owners of those documents, arrays of documents that are created at their expense, acquired by them legally, received as a gift or inheritance.
The Russian Federation and the subjects of the Russian Federation are the owners of information resources created, acquired, accumulated at the expense of the federal budget, budgets of the subjects of the Russian Federation, as well as obtained through other methods established by law. The state has the right to buy out documented information from individuals and legal entities if this information is classified as a state secret. The owner of information resources containing information classified as a state secret has the right to dispose of this property only with the permission of the relevant state authorities.
Subjects that submit mandatory documented information to government bodies and organizations do not lose their rights to these documents and to use the information contained therein. Documented information that is mandatory submitted to government bodies and organizations by legal entities regardless of their organizational and legal form and form of ownership, as well as by citizens on the basis of Article 8 of this Federal Law, forms information resources that are in the joint ownership of the state and the subjects that submit this information.
Information resources that are the property of organizations are included in their property in accordance with the civil legislation of the Russian Federation. Information resources that are the property of the state are under the jurisdiction of state authorities and organizations in accordance with their competence, and are subject to accounting and protection as part of state property.
Information resources may be goods, except for cases stipulated by the legislation of the Russian Federation.
The owner of information resources enjoys all rights provided by the legislation of the Russian Federation, including the right to: appoint a person who carries out economic management of information resources or operational management of them; establish, within the limits of his competence, the regime and rules for processing, protecting information resources and access to them; determine the conditions for the disposal of documents when copying and distributing them.
The ownership of information processing tools does not create the ownership of information resources belonging to other owners. Documents processed in the course of providing services or in the joint use of these processing tools belong to their owner. The ownership and mode of derivative products created in this case are regulated by the agreement.
Article 7. State information resources
State information resources of the Russian Federation are formed in accordance with the areas of jurisdiction as: federal information resources; information resources under the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation (hereinafter — information resources of joint jurisdiction); information resources of the subjects of the Russian Federation.
The formation of state information resources in accordance with paragraph 1 of Article 8 of this Federal Law is carried out by citizens, state authorities, local government bodies, organizations and public associations. Federal state authorities, state authorities of the constituent entities of the Russian Federation form state information resources under their jurisdiction and ensure their use in accordance with the established competence.
The activities of government bodies and organizations in the formation of federal information resources, information resources of joint jurisdiction, information resources of the constituent entities of the Russian Federation are financed from the federal budget and the budgets of the constituent entities of the Russian Federation under the expenditure item «Informatics» («Information support»).
Organizations that specialize in the formation of federal information resources and (or) information resources of joint management on the basis of an agreement are required to obtain a license for this type of activity from government agencies. The licensing procedure is determined by the legislation of the Russian Federation.
Article 8. Mandatory submission of documented information for the formation of state information resources
Citizens, government bodies, local government bodies, organizations and public associations are required to submit documented information to the bodies and organizations responsible for the formation and use of state information resources. The lists of documented information to be submitted on a mandatory basis and the lists of bodies and organizations responsible for the collection and processing of federal information resources are approved by the Government of the Russian Federation.
The procedure and conditions for mandatory submission of documented information are communicated to citizens and organizations. The procedure for mandatory submission (receipt) of information classified as a state secret and confidential information is established and implemented in accordance with the legislation on these categories of information.
When registering legal entities, registration authorities provide them with lists of mandatory documents and addresses for their submission. The list of mandatory documented information is attached to the charter of each legal entity (regulations on it). Failure of registration authorities to provide registered legal entities with a list of mandatory documents with addresses for their submission is not grounds for refusing registration. Officials of registration authorities guilty of failing to provide registered legal entities with lists of mandatory documents with addresses for their submission are subject to disciplinary action, including dismissal from office.
Documents belonging to individuals and legal entities may be included, at the owner’s discretion, in the composition of state information resources according to the rules established for the inclusion of documents in the relevant information systems.
Article 9. Classification of information resources as all-Russian national heritage
Individual objects of federal information resources may be declared all-Russian national heritage.
The classification of specific objects of federal information resources as all-Russian national heritage and the definition of their legal regime are established by federal law.
Article 10. Information resources by access categories
State information resources of the Russian Federation are open and publicly available. An exception is documented information classified by law as a category of limited access.
Documented information with limited access, according to the terms of its legal regime, is divided into information classified as a state secret and confidential.
It is prohibited to classify as information with limited access: legislative and other regulatory acts establishing the legal status of state authorities, local government bodies, organizations, public associations, as well as the rights, freedoms and obligations of citizens, the procedure for their implementation; documents containing information on emergency situations, environmental, meteorological, demographic, sanitary-epidemiological and other information necessary to ensure the safe functioning of populated areas, industrial facilities, the safety of citizens and the population as a whole; documents containing information on the activities of state authorities and local government bodies, on the use of budgetary funds and other state and local resources, on the state of the economy and the needs of the population, with the exception of those classified as a state secret; documents accumulated in open funds of libraries and archives, information systems of state authorities, local government bodies, public associations, organizations, representing public interest or necessary for the implementation of the rights, freedoms and obligations of citizens.
The classification of information as a state secret is carried out in accordance with the Law of the Russian Federation «On State Secrets».
Classification of information as confidential is carried out in the manner established by the legislation of the Russian Federation, with the exception of cases provided for in Article 11 of this Federal Law.
Article 11. Information about citizens (personal data)
The lists of personal data included in federal information resources, information resources of joint management, information resources of the subjects of the Russian Federation, information resources of local governments, as well as those received and collected by non-governmental organizations, must be fixed at the level of federal law. Personal data are classified as confidential information. The collection, storage, use and dissemination of information about private life, as well as information that violates personal privacy, family privacy, the privacy of correspondence, telephone conversations, postal, telegraphic and other messages of an individual without his consent, except on the basis of a court decision, is prohibited.
Personal data may not be used for the purpose of causing property or moral harm to citizens, or hindering the exercise of the rights and freedoms of citizens of the Russian Federation. Restriction of the rights of citizens of the Russian Federation based on the use of information about their social origin, racial, national, linguistic, religious and party affiliation is prohibited and punishable in accordance with the law.
Legal entities and individuals who, in accordance with their powers, possess information about citizens, receive and use it, are liable in accordance with the legislation of the Russian Federation for violating the protection, processing and use of this information.
The activities of non-governmental organizations and individuals related to the processing and provision of personal data to users are subject to mandatory licensing. The licensing procedure is determined by the legislation of the Russian Federation.
The illegality of the activities of government bodies and organizations in collecting personal data may be established in court at the request of entities acting on the basis of Articles 14 and 15 of this Federal Law and the legislation on personal data.
Chapter 3. Use of information resources
Article 12. Implementation of the right to access information from information resources
Users — citizens, government bodies, local government bodies, organizations and public associations — have equal rights to access state information resources and are not required to justify to the owners of these resources the need to obtain the information they request. An exception is information with limited access. Access of individuals and legal entities to state information resources is the basis for the implementation of public control over the activities of government bodies, local government bodies, public, political and other organizations, as well as the state of the economy, ecology and other spheres of public life.
Owners of information resources provide users (consumers) with information from information resources on the basis of legislation, charters of the said bodies and organizations, regulations on them, as well as contracts for information support services. Information legally obtained from state information resources by citizens and organizations may be used by them to create derivative information for the purpose of its commercial distribution with a mandatory reference to the source of information. The source of profit in this case is the result of the labor and funds invested in creating the derivative information, but not the original information obtained from state resources.
The procedure for obtaining information by the user (indication of the place, time, responsible officials, necessary procedures) is determined by the owner or holder of information resources in compliance with the requirements established by this Federal Law. The lists of information and services for information support, information on the procedure and conditions for access to information resources are provided to users by the owners of information resources and information systems free of charge.
Government bodies and organizations responsible for the formation and use of information resources ensure conditions for prompt and complete provision of documented information to the user in accordance with the obligations established by the charters (regulations) of these bodies and organizations. 5. The procedure for accumulating and processing documented information with limited access, the rules for its protection and the procedure for access to it are determined by government bodies responsible for certain types and arrays of information, in accordance with their competence or directly by its owner in accordance with the law.
Article 13. Guarantees for the provision of information
Government authorities and local governments create information resources accessible to everyone on issues related to the activities of these authorities and organizations subordinate to them, and, within the limits of their competence, provide mass information support to users on issues related to the rights, freedoms and obligations of citizens, their security and other issues of public interest.
Denial of access to the information resources specified in paragraph 1 of this article may be appealed in court.
The Committee under the President of the Russian Federation on Informatization Policy organizes the registration of all information resources, information systems and the publication of information about them to ensure the right of citizens to access information.
The list of information services provided to users from state information resources free of charge or for a fee that does not fully reimburse the costs of services is established by the Government of the Russian Federation. The costs of these services are reimbursed from the federal budget and the budgets of the constituent entities of the Russian Federation.
Article 14. Access of citizens and organizations to information about them
Citizens and organizations have the right to access documented information about them, to clarify this information in order to ensure its completeness and reliability, and have the right to know who and for what purposes uses or has used this information. Restricting access of citizens and organizations to information about them is permissible only on the grounds provided for by federal laws.
The owner of documented information about citizens is obliged to provide information free of charge upon request of those persons it concerns. Restrictions are possible only in cases stipulated by the legislation of the Russian Federation. 3. Subjects providing information about themselves for the purpose of completing information resources on the basis of Articles 7 and 8 of this Federal Law have the right to use this information free of charge.
The refusal of the owner of information resources to a subject in access to information about him/her may be appealed in court.
Article 15. Duties and responsibilities of the owner of information resources
The owner of information resources is obliged to ensure compliance with the processing mode and rules for providing information to the user established by the legislation of the Russian Federation or the owner of these information resources, in accordance with the legislation.
The owner of information resources bears legal responsibility for violating the rules for working with information in the manner prescribed by the legislation of the Russian Federation.
Chapter 4. Informatization, information systems, technologies and means of their support
Article 16. Development and production of information systems, technologies and means of their support
All types of production of information systems and networks, technologies and means of their support constitute a special branch of economic activity, the development of which is determined by the state scientific, technical and industrial policy of informatization.
State and non-state organizations, as well as citizens, have equal rights to the development and production of information systems, technologies and means of their support.
The state creates conditions for conducting research and development work in the field of development and production of information systems, technologies and means of their support. The Government of the Russian Federation determines priority areas for the development of informatization and establishes the procedure for their financing.
The development and operation of federal information systems are financed from the federal budget under the expenditure item «Informatics» («Information support»).
The state statistical bodies, together with the Committee under the President of the Russian Federation on Informatization Policy, shall establish rules for recording and analyzing the state of the economic activity sector, the development of which is determined by the state scientific, technical and industrial policy of informatization.
Article 17. Ownership of information systems, technologies and means of their support
Information systems, technologies and means of their support may be objects of property of individuals and legal entities, the state.
The owner of an information system, technology and means of their support is recognized as an individual or legal entity, at whose expense these objects were produced, acquired or received by inheritance, gift or other legal means.
Information systems, technologies and means of their support are included in the property of the entity exercising the rights of the owner or holder of these objects. Information systems, technologies and means of their support act as goods (products) subject to the exclusive rights of their developers. The owner of the information system, technology and means of their support determines the conditions for the use of this product.
Article 18.Copyright and ownership of information systems, technologies and their support tools Copyright and ownership of information systems, technologies and their support tools may belong to different persons. The owner of an information system, technology and their support tools is obliged to protect the rights of their author in accordance with the legislation of the Russian Federation.
Article 19. Certification of information systems, technologies, their support tools and licensing of activities related to the formation and use of information resources
Information systems, databases and data banks intended for information services to citizens and organizations are subject to certification in the manner established by the Law of the Russian Federation «On Certification of Products and Services».
Information systems of state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, other state bodies, organizations that process documented information with limited access, as well as the means of protecting these systems are subject to mandatory certification. The certification procedure is determined by the legislation of the Russian Federation.
Organizations performing work in the field of design, production of information security tools and processing of personal data receive licenses for this type of activity. The licensing procedure is determined by the legislation of the Russian Federation.
The interests of the information consumer when using imported products in information systems are protected by the customs authorities of the Russian Federation on the basis of the international certification system.
Chapter 5. Protection of information and rights of subjects in the field of information processes and informatization
Article 20.Objectives of protection Objectives of protection are: prevention of leakage, theft, loss, distortion, forgery of information; prevention of threats to the security of an individual, society, the state; prevention of unauthorized actions to destroy, modify, distort, copy, block information; prevention of other forms of illegal interference in information resources and information systems, ensuring the legal regime of documented information as an object of property; protection of the constitutional rights of citizens to maintain personal privacy and confidentiality of personal data contained in information systems; preservation of state secrets, confidentiality of documented information in accordance with the law; ensuring the rights of subjects in information processes and in the development, production and application of information systems, technologies and means of their support.
Article 21. Information protection
Any documented information, the unlawful handling of which may cause damage to its owner, holder, user or other person, is subject to protection. The information protection regime is established: with respect to information classified as a state secret — by authorized bodies on the basis of the Law of the Russian Federation «On State Secrets»; with respect to confidential documented information — by the owner of information resources or an authorized person on the basis of this Federal Law; with respect to personal data — by the Federal Law.
Government bodies and organizations responsible for the formation and use of information resources subject to protection, as well as bodies and organizations developing and applying information systems and information technologies for the formation and use of information resources with limited access, are guided in their activities by the legislation of the Russian Federation.
Control over compliance with information protection requirements and the operation of special software and hardware protection tools, as well as ensuring organizational measures to protect information systems processing information with limited access in non-governmental structures, are carried out by government bodies. Control is carried out in the manner determined by the Government of the Russian Federation.
Organizations that process restricted access information that is the property of the state create special services to ensure the protection of information.
The owner of information resources or persons authorized by him have the right to monitor compliance with information protection requirements and prohibit or suspend the processing of information in the event of failure to comply with these requirements.
The owner or holder of documented information has the right to apply to government authorities to assess the correctness of compliance with the rules and requirements for the protection of his information in information systems. The relevant authorities are determined by the Government of the Russian Federation. These authorities comply with the conditions of confidentiality of the information itself and the results of the inspection.
Article 22. Rights and obligations of subjects in the field of information protection
The owner of documents, a document array, information systems or persons authorized by them in accordance with this Federal Law shall establish the procedure for providing information to the user, indicating the place, time, responsible officials, as well as the necessary procedures, and ensure the conditions for user access to information.
The owner of documents, a document array, information systems shall ensure the level of information protection in accordance with the legislation of the Russian Federation.
The risk associated with the use of uncertified information systems and their support means lies with the owner (holder) of these systems and means. The risk associated with the use of information obtained from an uncertified system lies with the consumer of the information.
The owner of documents, an array of documents, information systems may contact organizations that certify the means of protecting information systems and information resources to analyze the adequacy of measures to protect their resources and systems and to receive advice.
The owner of documents, an array of documents, information systems is obliged to notify the owner of information resources and (or) information systems of all facts of violation of the information security regime.
Article 23. Protection of the rights of subjects in the sphere of information processes and informatization
The protection of the rights of subjects in the sphere of formation of information resources, use of information resources, development, production and application of information systems, technologies and means of their provision is carried out for the purpose of preventing offenses, suppression of illegal actions, restoration of violated rights and compensation for damage caused.
The protection of the rights of subjects in the specified sphere is carried out by the court, arbitration court, arbitration court taking into account the specifics of the offenses and the damage caused.
For violations when working with documented information, government bodies, organizations and their officials are liable in accordance with the legislation of the Russian Federation and the subjects of the Russian Federation. Temporary and permanent arbitration courts may be created to consider conflict situations and protect the rights of participants in the sphere of formation and use of information resources, creation and use of information systems, technologies and means of their provision. The arbitration court considers conflicts and disputes of the parties in the manner established by the legislation on arbitration courts.
Responsibility for violations of international norms and rules in the field of formation and use of information resources, creation and use of information systems, technologies and means of their provision is assigned to state authorities, organizations and citizens in accordance with the agreements concluded by them with foreign firms and other partners, taking into account international agreements ratified by the Russian Federation.
Article 24. Protection of the right to access information
Denial of access to public information or provision of knowingly false information to users may be appealed in court. Failure to fulfill or improper fulfillment of obligations under a supply contract, purchase and sale, or other forms of exchange of information resources between organizations shall be considered by an arbitration court. In all cases, persons who are denied access to information and persons who have received false information have the right to compensation for the damage they have suffered.
The court considers disputes regarding the unjustified classification of information as information with limited access, claims for damages in cases of unjustified refusal to provide information to users or as a result of other violations of user rights.
The heads and other employees of government bodies and organizations guilty of illegally restricting access to information and violating the information security regime shall be liable in accordance with criminal, civil and administrative offense laws.
Article 25. Entry into force of this Federal Law
This Federal Law shall enter into force on the date of its official publication.
To propose to the President of the Russian Federation to bring the legal acts issued by him into conformity with this Federal Law.
To instruct the Government of the Russian Federation: to bring the legal acts issued by it into conformity with this Federal Law; to prepare and submit to the State Duma, within three months in the prescribed manner, proposals for amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law; to adopt regulatory legal acts ensuring the implementation of this Federal Law.
President of the Russian Federation B. Yeltsin
Moscow, House of Soviets of Russia
February 20, 1995
N 24-FZ