Federal Act No. 24-FZ of the Russian Federation
ON INFORMATION, INFORMATIZATION AND PROTECTION OF INFORMATION
Adopted by the State Duma on 25 January 1995.
20 February 1995
CHAPTER I
GENERAL
PROVISIONS
Article 1
Scope
of Application of Federal Act
(1) The present Federal
Act shall regulate relations arising in:
(2) The present Federal
Act shall not apply to relations regulated by the Copyright Act of the Russian
Federation.
Article 2
Definition of Terms Used in Federal Act
The following concepts are
used in the present Federal Act:
Article 3
Duties of the State In Constitution of Information Resources and Informatization
(1) State policy in the
constitution of information resources and informatization shall be designed to
create conditions for the efficient and high-quality information backup of the
fulfillment of strategic and operative tasks in the social and economic
development of the Russian Federation.
(2) The following shall be
the main lines of state policy in the field of informatization:
CHAPTER II
INFORMATION RESOURCES
Article 4
Principles of Legal Regime of Information Resources
(1) Information resources
shall be objects of relations between natural persons, legal persons and the
state, and shall make up the information resources of Russia to be protected by
the law equally with other resources.
(2) The legal regime of
information resources shall be determined by norms establishing:
Article 5
Documentation of Information
(1) Documentation of
information shall be a mandatory condition for the inclusion of information in
information resources. Documentation of information shall be effected in the
manner established by the organs of state power responsible for the organization
of clerical work in the standardization of documents and arrays thereof, and for
the security of the Russian Federation.
(2) A document obtained
from an automated information system shall acquire legal force upon its
signature by a person in office, in the manner established by effective
legislation of the Russian Federation.
(3) The legal force of a
document stored, processed and transmitted by means of automated information and
telecommunications systems may be confirmed by an electronic digital signature.
The legal force of the
electronic digital signature shall be recognized where the automated information
system contains technical-program means making it possible to identify the
signature in the regime established for the use thereof.
(4) The right to certify
the identity of the electronic digital signature shall be exercised under
license. The rules for the issue of licenses shall be determined by the
effective legislation of the Russian Federation.
Article 6
Information Resources as Element of Property and Object of Right of Ownership
(1) Information resources
may be state-owned and non-state-owned, and, as an element of property, may be
in the ownership of citizens, organs of state power, organs of local
self-government, organizations and public bodies. Relations involving the right
of ownership to information resources shall be regulated by civil legislation of
the Russian Federation.
(2) Natural and legal
persons shall be owners of the documents and arrays of documents created at
their own expense, purchased by them on lawful grounds, or received by way of
gift or inheritance.
(3) The Russian Federation
and the subjects of the Russian Federation shall be owners of information
resources created, purchased or accumulated out of the funds of the Federal
Budget or the budgets of subjects of the Russian Federation, or obtained in
other legitimate ways.
The state shall have the
right to buy out documented information from natural and legal persons where
such information is classified as a state secret.
The owner of information
resources containing facts and figures classified as a state secret shall be
entitled to dispose of this property only with the permission of the appropriate
organs of state power.
(4) Persons making
mandatory submission of documented information to the organs of state power and
organizations shall not lose their rights to these documents or to the use of
the information contained therein. Documented information subject to mandatory
submission to the organs of state power and organizations by legal persons,
irrespective of their legal-organization form or form of ownership, and also by
citizens, on the basis of Article 8 of the present Federal Act, shall constitute
information resources held in the joint possession of the state and the persons
supplying such information.
(5) Information resources
held in the ownership of organizations shall be included in their property, in
conformity with the civil legislation of the Russian Federation.
Information resources held in the ownership of the state shall be in the
management of organs of state power and organizations in accordance with their
competence, and shall be subject to accounting and protection as part of state
property.
(6) Information resources
may be commodities, except in the cases specified by the effective legislation
of the Russian Federation.
(7) The owner of
information resources shall exercise all the rights specified by the effective
legislation of the Russian Federation, including the rights:
(8) The right of ownership
to information-processing facilities shall not create the right of ownership to
information resources belonging to other owners. Documents processed by way of
provision of services or in the joint use of these processing facilities shall
belong to their holder. The appurtenance and regime of the derivative products
created in such case shall be regulated by agreement.
Article 7
State
Information Resources
(1) The state information
resources of the Russian Federation shall be constituted in accordance with
fields of operation, as:
(2) Constitution of state
information resources in conformity with Clause (1) of Article 8 of the present
Federal Act shall be effected by citizens, organs of state power, organs of
local self-government, organizations and public associations.
The Federal organs of state power and the organs of state power of Russian
Federation subjects shall constitute the state information resources held in
their management, and shall ensure their use in accordance with established
competence.
(3) The activity of the
organs of state power and organization in the constitution of Federal
information resources, joint-management information resources, and information
resources of Russian Federation subjects shall be financed out of the Federal
Budget and the budgets of Russian Federation subjects under the expenditure head
"Informatics" ("Information supply").
(4) Organizations
specializing in the constitution of Federal information resources and/or
joint-management information resources under contract shall have the duty to
obtain a license for this type of activity from the organs of state power. The
rules of licensing shall be determined by the effective legislation of the
Russian Federation.
Article 8
Mandatory Supply of Documented Information for Constitution of State Information
Resources
(1) Citizens, organs of
state power, organs of local self-government, organizations and public
associations shall have the duty to supply documented information to organs and
organizations responsible for the constitution and use of state information
resources.
Schedules of documented
information due for mandatory supply and schedules of organs and organizations
responsible for the collection and processing of Federal information resources
shall be confirmed by the Government of the Russian Federation.
(2) The rules and
conditions of mandatory supply of documented information shall be brought to the
knowledge of citizens and organizations.
The rules of mandatory
supply (receipt) of information classified as state secret or confidential
information shall be established and applied in conformity with the legislation
on these categories of information.
(3) At registration of
legal persons, registry agencies shall provide them with schedules of
mandatory-supply documents and addresses for supply thereof. A schedule of
mandatory-supply documented information shall be annexed to the bylaws (statute)
of each legal person.
Non-provision by registry
agencies of legal persons undergoing registration with a schedule of
mandatory-supply documents and addresses for supply thereof shall be no ground
for refusal to register. Officers of registry agencies failing to provide legal
persons undergoing registration with schedules of mandatory-supply documents and
addresses for supply thereof shall be held to administrative liability,
including dismissal from office.
(4) Documents belonging to
natural and legal persons may be included, at the owner's discretion, within
state information resources under rules established for inclusion of documents
in the respective information systems.
Article 9
Classification of Information Resources as Part of All-Russia National Heritage
(1) Some items of Federal
information resources may be declared to be part of the all-Russia national
heritage.
(2) Classification of
concrete items of Federal information resources as part of the all-Russia
national heritage and determination of their legal regime shall be established
by Federal law.
Article 10
Information Resources by Categories of Access
(1) Russian Federation
state information resources shall be open and generally accessible. Documented
information referred by the law to the category of limited access shall be an
exception.
(2) Documented information
with limited access shall, according to the conditions of its legal regime, be
subdivided into information classified as state secret and as confidential
information.
(3) Reference to
information with limited access shall be prohibited for the following:
(4) Classification of
information as state secret shall be effected in conformity with the State
Secrets Act of the Russian Federation.
(5) Classification of
information as confidential shall be effected in the manner established by the
effective legislation of the Russian Federation, except in the cases specified
in Article 11 of the present Federal Act.
Article 11
Information on Citizens (Personal Data)
(1) Lists of personal data
included in Federal information resources, joint-management information
resources, information resources of Russian Federation subjects, and information
resources of organs of local self-government, and also data obtained and
collected by nonstate organizations must be established on the Federal-law
level. Personal data shall be referred to the category of confidential
information.
Collection, storage, use
and dissemination of information on the private life, and of information
disclosing personal secret, family secret, secret of correspondence, telephone
conversations, postal, telegraph and other communications of natural person
without his or her consent, except under court decision, shall not be allowed.
(2) Personal data may not
be used for the purpose of inflicting property or moral harm on citizens or
hampering the exercise of Russian Federation citizens' rights and freedoms.
Restriction of Russian Federation citizens' rights through the use of
information on their social origins, racial, national, language, religious or
party affiliation shall be prohibited and shall be punishable in conformity with
legislation.
(3) Legal and natural
persons in possession, in accordance with their powers, of information on
citizens, and obtaining and making use thereof shall bear liability in
conformity with the effective legislation of the Russian Federation for breach
of the regime of protection, processing, and rules of use of this information.
(4) The activity of
nonstate organizations and private persons involved in the processing and
provision of personal data to users shall be subject to mandatory licensing. The
rules of licensing shall be determined by the effective legislation of the
Russian Federation.
(5) Unlawful activity by
the organs of state power and organizations in the collection of personal data
may be established in judicial proceedings on the appeal of persons acting under
Articles 14 and 15 of the present Federal Act and legislation on personal data.
CHAPTER III
USE OF
INFORMATION RESOURCES
Article 12
Exercise of Right of Access to Information from Information Resources
(1) Users -- citizens,
organs of state power, organs of local self-government, organizations and public
associations -- shall have equal rights of access to state information
resources, and shall not have the duty to justify to the owner of these
resources the need for obtaining the information requested by them. Information
with limited access shall be an exception.
Access of natural and
legal persons to state information resources shall be ground for the exercise of
public control of the activity of organs of state power, organs of local
self-government, public, political and other organizations, and also of the
state of the economy, ecology and other spheres of public life.
(2) The holders of
information resources shall provide users (consumers) with information from
information resources on the basis of legislation, the bylaws and statutes of
the aforesaid organs and organizations, and also of contracts for services in
the supply of information.
Information received on
lawful grounds from state information resources by citizens and organizations
may be used by them to create derivative information for the purposes of its
commercial dissemination, with obligatory reference to the source of
information.
In such case, the result
of labor and resource inputs in the creation of derivative information, but not
the original information received from state resources, shall be the source of
profit.
(3) The rules of receipt
by user of information (indication of place, time, responsible officers,
requisite procedures) shall be determined by the owner or by the holder of
information resources, in compliance with the requirements established by the
present Federal Act.
Schedules of information
and information-supply services, information on the rules and conditions of
access to information resources shall be made available to users free of charge
by the holders of information resources and information systems.
(4) The organs of state
power and organizations responsible for the constitution and use of information
resources shall ensure the conditions for full and operative supply to the user
of documented information, in accordance with the duties established by the
bylaws (statutes) of these organs and organizations.
(5) The rules of
accumulation and processing of documented information with limited access, the
rules of its protection and access thereto shall be determined by the organs of
state power responsible for certain types and arrays of information, in
conformity with their competence, or directly by the owner thereof, in
conformity with legislation.
Article 13
Guarantee of Information Supply
(1) The organs of state
power and the organs of local self-government shall create generally accessible
information resources on matters of the activity of these organs and
organizations subordinate to them, and also, within their competence, exercise
mass information supply of users in the matter of citizens' rights, freedoms and
duties, their security, and other matters of public interest.
(2) Denial of access to
the information resources specified in Clause (1) of the present Article may be
appealed against in court of law.
(3) The Committee on
Information Policy of the President of the Russian Federation shall organize the
registration of all information resources, information systems, and the
publication of facts and figures about these in order to ensure citizens' right
of access to information.
(4) The schedule of
information services made available to users from state information resources
free of charge or for value not fully indemnifying the costs of services shall
be established by the Government of the Russian Federation.
The costs of the aforesaid
services shall be indemnified out of the funds of the Federal Budget and the
budgets of subjects of the Russian Federation.
Article 14
Access of Citizens and Organizations to Information About Them
(1) Citizens and
organizations shall have the right of access to documented information about
them, to specification of this information for the purpose of making it full and
authentic, and shall have the right to know who and for what purposes is using
or has used this information. Restriction of access of citizens and
organizations to information about them shall be allowed only on grounds
provided for by Federal laws.
(2) The holder of
documented information about citizens shall have the duty to provide the
information free of charge, on demand by the persons involved therein.
Restrictions shall be possible only in the cases provided for by the effective
legislation of the Russian Federation.
(3) Persons making
available information about themselves for constituting information resources
under Articles 7 and 8 of the present Federal Act shall have the right to use
this information free of charge.
(4) Denial by the holder
of information resources to the person of access to information about him or her
may be appealed against in judicial proceedings.
Article 15
Obligations and Liability of Holder of Information Resources
(1) The holder of
information resources shall be under an obligation to ensure observance of the
regime of processing and the rules of provision of information to the user, as
established by the effective legislation of the Russian Federation or by the
owner of these information resources, in conformity with legislation.
(2) The holder of
information resources shall bear legal liability for breach of the rules of
handling information, in the manner specified by the effective legislation of
the Russian Federation.
CHAPTER IV
INFORMATIZATION
INFORMATION SYSTEMS, TECHNOLOGIES AND FACILITIES FOR MAINTENANCE THEREOF
Article 16
Development and Production of Information Systems, Technologies and Facilities
for Maintenance Thereof
(1) All types of
production of information systems and networks, technologies and facilities for
maintenance thereof shall constitute a special branch of economic activity whose
development shall be determined by the state's scientific, technical and
industrial policy of informatization.
(2) State and nonstate
organizations, and also citizens shall have equal rights to the development and
production of information systems, technologies and facilities for maintenance
thereof.
(3) The state shall create
conditions for implementation of R&D projects in the field of development and
production of information systems, technologies and facilities for maintenance
thereof.
The Government of the
Russian Federation shall determine the priority lines in the development of
informatization and shall establish the ways and means for financing thereof.
(4) The development and
operation of Federal information systems shall be financed out of the funds of
the Federal Budget under the head of expenditures "Informatics" ("Information
supply").
(5) The organs of state
statistics, together with the Committee for Informatization Policy of the
President of the Russian Federation shall establish the rules of accounting and
analysis of the state of the branch of economic activity whose development is to
be determined by the state's scientific, technical and industrial policy of
informatization.
Article 17
Right
of Ownership of Information Systems, Technologies and Facilities for Maintenance
Thereof
(1) Information systems,
technologies and facilities for maintenance thereof may be held in the ownership
of natural and legal persons, and of the state.
(2) A natural or legal
person at whose expense an information system, technology and facilities for
maintenance thereof are produced, purchased or obtained by way of inheritance,
gift or in other lawful ways shall be deemed the owner of the information
system, technology and facilities for maintenance thereof.
(3) Information systems,
technologies and facilities for maintenance thereof shall be included in the
property of the person exercising the rights of owner or holder of these
facilities. Information systems, technologies and facilities for maintenance
thereof shall be used as commodities (products), given compliance with the
exclusive rights of the developers thereof.
The owner of an
information system, technology and facilities for maintenance thereof shall
determine the conditions for the use of these products.
Article 18
Copyright and Right of Ownership to InformationSystems, Technologies and
Facilities for Maintenance Thereof
The copyright and right of
ownership to information systems, technologies and facilities for maintenance
thereof may belong to different persons.
The owner of an
information system, technology and facilities for maintenance thereof shall have
the duty to protect the rights of their author, in conformity with the effective
legislation of the Russian Federation.
Article 19
Certification of Information Systems, Technologies and Facilities for
Maintenance Thereof, and Licensing of Activity in Constitution and Use of
Information Resources
(1) Information systems,
databases and databanks designed for the provision of information services to
citizens and organizations shall be subject to certification in the manner
established by the Act of the Russian Federation "On Certification of Products
and Services".
(2) Information systems of
the organs of state power of the Russian Federation and of the organs of state
power of subjects of the Russian Federation, other state agencies, and
organizations processing documented information with limited access, and also
means of protection of these systems shall be subject to mandatory
certification. The rules of certification shall be determined by effective
legislation of the Russian Federation.
(3) Organizations
performing works in the field of design and production of facilities for
protection of information and processing of personal data shall take out
licenses for this type of activity. The rules of licensing shall be determined
by the effective legislation of the Russian Federation.
(4) The interests of the
consumer of information where use is made of import products in information
systems shall be protected by Russian Federation customs agencies on the basis
of the international system of certification.
CHAPTER V
PROTECTION OF INFORMATION AND RIGHTS OF PERSONS IN INFORMATION PROCESSES AND
INFORMATIZATION
Article 20
Purposes of Protection
The purposes of protection
shall be:
Article 21
Protection of Information
(1) Any documented
information unlawful treatment of which may inflict harm on its owner, holder,
user or other person shall be subject to protection.
The information-protection
regime shall be established:
(2) The organs of state
power and organizations responsible for the constitution and use of information
resources subject to protection, and also agencies and organizations developing
and applying information systems and information technologies for the
constitution and use of information resources with limited access shall be
guided in their activity by the effective legislation of the Russian Federation.
(3) Control of compliance
with the requirements of protection of information and operation of special
technical-program protection facilities, and also provision of organizational
measures for the protection of information systems processing information with
limited access in nonstate structures shall be exercised by the organs of state
power. Control shall be exercised in the manner determined by the Government of
the Russian Federation.
(4) Organizations
processing information with limited access which is held in the ownership of the
state shall create special services ensuring protection of the information.
(5) The owner of
information resources of duly authorized persons shall have the right to
exercise control of fulfillment of requirements in the protection of
information, and to prohibit or suspend the processing of information in the
event of nonfulfillment of these requirements.
(6) The owner or holder of
documented information shall be entitled to request the organs of state power to
assess the correct fulfillment of the norms and requirements in the protection
of his information in information systems. The respective agencies shall be
designated by the Government of the Russian Federation. These agencies shall act
in compliance with the conditions of confidentiality of the information itself
and of the results of the audit.
Article 22
Rights and Duties of Persons in Protection of Information
(1) The owner of
documents, of an array of documents or of information systems or duly authorized
persons shall, in conformity with the present Federal Act, establish the rules
of providing users with information, with a statement of place, time and
responsible officers, and also of the requisite procedures, and shall ensure
conditions for access of users to information.
(2) The holder of
documents, of an array of documents or of information systems shall make sure of
the level of protection of information, in conformity with the effective
legislation of the Russian Federation.
(3) The risk arising from
the use of uncertified information systems and facilities for maintenance
thereof shall be borne by the owner (holder) of these systems and facilities.
The risk arising from the use of information obtained from an uncertified system
shall be borne by the user of the information.
(4) The owner of
documents, of an array of documents or of information systems may request an
organization engaged in the certification of facilities for the protection of
information systems and information resources to carry out an analysis of
adequacy of measures for the protection of his resources and systems, and for
obtaining consultations.
(5) The holder of
documents, of an array of documents or of information systems shall have the
duty to notify the owner of information resources and/or information systems
about every breach of the information-protection regime.
Article 23
Protection of Persons' Rights in Information Processes and Informatization
(1) Protection of the
rights of persons in the sphere of constitution of information resources, use of
information resources, development, production and application of information
systems, technologies and facilities for maintenance thereof shall be effected
for the purpose of prevention of breaches of the law, suppression of illegal
acts, restoration of violated rights, and indemnification of any inflicted
damage.
(2) Protection of the
rights of persons in the aforesaid sphere shall be exercised by court of law,
arbitration court or mediation court, with due account of the specifics of the
breach of the law and of the inflicted damage.
(3) For breaches of the
law in handling documented information, the organs of state power, organizations
and their officers shall bear liability, in conformity with the effective
legislation of the Russian Federation.
Ad hoc and standing courts
of mediation may be set up to consider situations of conflict and to protect the
rights of participants in the sphere of constitution and use of information
resources, and creation and use of information systems, technologies and
facilities for maintenance thereof.
The court of mediation
shall hear conflicts and disputes of the parties in the manner established by
legislation on courts of mediation.
(4) Liability for breach
of international norms and rules in the sphere of constitution and use of
information resources, and creation and use of information systems, technologies
and facilities for maintenance thereof shall be vested in the organs of state
power, organizations and citizens, in conformity with contracts concluded by
them with foreign firms and other partners, with due account of the
international treaties ratified by the Russian Federation.
Article 24
Protection of Right of Access to Information
(1) Denial of access to
open information or provision of user with information known to be false may be
appealed against in judicial proceedings.
Nonperformance or improper
performance of obligations under contract of delivery, sale or other forms of
exchange of information resources between organizations shall be considered by
court of arbitration.
In all cases, persons
denied access to information and persons receiving false information shall have
the right to indemnification of any damage incurred by them.
(2) Courts shall hear
disputes on unjustified reference of information to the category of information
with limited access, lawsuits on indemnification of damage in the event of
unjustified denial of provision of information to users or as a result of other
infringements of users' rights.
(3) Senior executives and
other employees of the organs of state power and organizations guilty of or at
fault in the restriction of access to information and violation of the
information-protection regime shall bear liability in conformity with criminal
and civil legislation, and legislation on administrative offences.
Article 25
Entry
into Force of Federal Act
(1) The present Federal
Act shall enter into force upon its official promulgation.
(2) The President of the
Russian Federation shall be requested to bring the legal acts issued by him into
conformity with the present Federal Act.
(3) The Government of the
Russian Federation shall be instructed on the following: