Dictionary of Information Law. Meaning information right in the Great Legal Dictionary. Watch the value of informational law in other dictionaries
information law
A combination of legal norms protected by the state arising in the field of production, transformation and consumption of information. The right is the information system, therefore, the information right studies and the informational essence of law. In the information society, the role of the right as the main mechanism of regulation increases dramatically public relations. However, the information society develops such a rapid pace that the right lags behind its needs, and therefore many public relations already operating in the information sphere (primarily in information networks, such as the Internet, and in the context of the use of other information technologies) remain unresolved.Avalanche-like growing needs of the information society in the legal regulation of public relations arising in it lead to the formation of a new complex industry The rights called the now information law. The features of the structure and content of informational law are determined by the peculiarities of the main components of this right of elements.
Reasonable is the statement that in the era of personal computers and network information technologies, the information essence of the management processes in social systems It is becoming increasingly important. And this provision should be included in the object of study of all socially oriented sciences, including general theory Rights and individual industry. By the way, in a modern sense, the legislative processes in their implementation are increasingly approaching the type of special information technologies. And in the law enforcement sphere some branches of law, such as the same administrative right or customs and tax activities, are already simply unthinkable without computer technology conducting relevant documentary arrays.
The rapidly developing trend of the transition to the information society attaches special relevance to research on the information content of social processes entering the interests of the interests of the right, and the forms of representation, movement, use of the relevant information must be actively involved in the set of objects legal studies. It is here that the rationale for the objectivity of the allocation of informational law into an independent comprehensive industry is laid.
Thus, information law includes many legal problems administrative law, focusing them in the plane of regulating information relations, which become sometimes for administrative law with specific and inaccessible to solve their own means.
In recent years, in connection with the development of machine information technologies in the field of social management, there is a peculiar displacement of many issues of information support from the sphere traditionally owned by administrative law. The basis of such processes is the increasing differentiation of the processes of information support for decision-making in the field of public administration (the use of databases and data banks, "situational rooms", etc.). One of the fundamental principles of information support for the field of public administration in a democratic society is the requirement of "information transparency" administrative system. Thus, the entire procedure for information support of the administrative system moves to the area of \u200b\u200binformational law.
To achieve the goal of the formation of a new civilization, it is necessary to eliminate the rupture in the field of information technologies, change the methods of interaction between states in order to promote social progress. To achieve this goal, you need to build new rules of behavior and new rules of relationships between subjects. The practice of legal regulation of information as a subject of legal relationship allows us to conclude that this issue cannot be resolved in one of the so-called classic branches of law.
Since the leading link in the development of information law is its regulatory part, then paramount attention should be paid to definitions issued as system-forming terms and definitions in order to form legal tissue of the regulatory legal act.
In the book "Informatics in terms and definitions russian legislation"(Ed. Professor V. A. Nikitov) systematized more than 700 terms and their definitions present in the legislation. Such work was done for the first time. This is very useful work. However, in practice, the principle continues to operate in which almost every law is established by their own Terms and their interpretation. This is the experience of practicing American. In many educational and practical manuals on information law, the authors consider their duty to give a list of terms chosen by them in accordance with the problem under consideration. This only emphasizes the importance of developing uniform concepts for both science and normative and law enforcement practice.
Two questions deserve special attention in the subject of legal definitions in the information law. The first is connected by S. identifying purely legal termsrelated to the area of \u200b\u200bregulation of informational law. It concerns the selection of those legal definitionswhich are necessary and without which legal regulation will not be effective. It is in mind that the situation when terms and commercials fall into legal definitions. Many terms concerning the subject area of \u200b\u200binformatics, sociology fall into the scope of legal regulation because the theory and social informatics did not give a solid foundation in the terminological cut of their disciplines. There is no theory of information, informatization as directions and spheres of social activities. Therefore, many terms, without which the regulatory function cannot do, becomes the definition of legal. A cross-section of the use of definitions in different directions of computer science is formed. Social informatics uses legal definitions, and legal - social.
For example, such definitions as "Document", "Documented Information", "Informatization", "Information Security", in a strict sense are not legal definitions. These are subjects and areas of activity in which they are committed legal relations. But the absence of established concepts of these expressions in systemic, information, managerial practices, in documentary, etc. Forcing the legislator to introduce them to the number of legal definitions. As a result, there are situations when documentalist, archivist and lawyer talk in different languages \u200b\u200band when the definition included in the law is little help. So, the definition of the term "archive" in computer science cannot and should not include its interpretation as an institution or unit. But this was done in one definition in the basics of legislation. Russian Federation about Archival Fund Of the Russian Federation and archives of 07.07.1993 No. 5341-1 and preserved in the Federal Law of 10/22/2004 No. 125-FZ "On archive business In Russian federation".
In this sense, the determination of the information itself in the laws could be more capacious. Recall that in the law on information the term "information" is defined as information, messages, data. The search for truth in this direction, obviously, must end with such a wording that would rule out the use of the same term in related laws with various content of its definition.
The task of informational law – ensure the delimitation of general social terms and concepts, terms and concepts used in a spider "Informatics", and develop such legal concepts – definitions that disclose the meaning and content of legal methods of regulating legal relations in the information sphere.
The second question is related to by consideration of the diversity of legal definitions. Legal definitions are the core of thesaurus, navigators and dictionaries in information and search engines. Therefore, their choice and definition should be treated very carefully and ultimately seek their unification, peculiar standardization within the framework of law. Currently, more attention is paid to subject definitions and less - definitions of a functional target, definitions of actions that constitute the content of regulated relations.
A comparison of the vocabulary in the United Kingdom's Law "On Freedom of Information", adopted in 2000, and the draft law of the Russian Federation on the right to information made it possible to make a number of observations regarding the terminology used. We give a fragment of the work on the methods of structural and logical analysis in the preparation of the draft regulatory legal act using the Yusis software package in terms of the sources named.
Based on the technology of working with the text of the law proposed by the Yusis system of the legal information agency INTRALEX, For the expert assessment of these acts of these acts, the following parameters were elected:
- 1) the subject of the relationship;
- 2) subjects of relations;
- 3) the content (objectives) of the actions of the subjects, the functional target sphere of activity of the entities of law, generating legal facts;
- 4) verb forms (legal terminology) that determine the content of legal regulations.
According to these terminological trunks, by sampling terms, a dictionary of subjects of relations, a dictionary of the subjects of relations, a dictionary of action of actors (subjects) on the regulation of the law. Thermal dictionaries allowed to highlight the basic terms and their combinations with other words characterizing the legal content of the legal norm - the regulatory part.
In the general list of terms on the subject of relations forming phrases, there are 49 words (33 for the project russian law and 16 not intersecting with the Russian project of words in the text of the Law of Great Britain). There are single words: right (right), competence, procedure, control, empowerment, order, rules, conditions, funds, expenses, etc.
Dictionary of terms, meaning actions (the total number of them - 54, of which 9 coincide on both sources of analysis, 22 original in the text of the draft Russian law and 23 of the original in the United Kingdom law).
The generals are such terms as: search, provide, collect, create, compliance, performance, prevention, response, services, violation, accumulation (collection).
Original for russian document These are: implementation, transmission, receipt, production, distribution, storage, design, change, consent, appeal, rescue, compliance, ensuring, maintenance, refusal, reporting, notification.
Animate in English law was such terms as: damage, defense, processing, explanation, view, revision, consideration, publication, disclosure, abuse of power, investigation, recommendations, decision, destruction, seizure from access, measures, fees, financing etc.
The analysis only at this level allows us to conclude that the draft Russian law uses mainly terms relating to the positive actions of the actors that implement their right. It pays little attention to negative actions that makes a threat or forming an offense, and also does not provide full Action of organs and other subjects, obliged by virtue of the law to create certain conditions for the implementation of its goals and, therefore, weakens the regulatory value of the act. A comparison made it possible to formulate proposals for the enrichment of the palette of the actions of participants in relations to the draft federal law "On the right to information".
In the draft regulations for the preparation of documents related to the development of draft laws by federal executive bodies, which was discussed in Legal control The State Duma apparatus of the Federal Assembly of the Russian Federation, the definition of the word "term" is given. Under term Meals "The word (or phrase) uniquely meaning the content of the concept of the subject, phenomenon, process." It is proposed to distinguish between the terms of the overall, inter-sectoral, industry. Formulated rules for working with terms. The definition rate should contain definitions of the newly conveyed legal conceptused in the text of the law. Legal definition It is understood as determining the legal concept reflecting the essential, the main signs of one or another legal subjectphenomena. We would notice a lack of attention to the terms, meaning actions as subjects to which the regulatory act and the actions of the legislator itself, its receptions of the expression and form of prescriptions are faced.
Material list of species of legal norms. It includes: definitions; Normas principles; permits that bind prohibiting norms; stimuli norms; Blanco standards, sending, standards-sanctions. It seems that the described direction of work with regulatory acts It can significantly add scientific developments for the preparation of draft regulatory legal acts, known for publications Yu. A. Tikhomirov, S. V. Polenina, A. S. Pigolkina, etc. Especially this is true now when the draft federal laws are being developed in the Federation Council regulatory legal acts in the Russian Federation "and" on the procedure for adopting federal constitutional laws and federal laws ", which are already presented in the State Duma.
As can be seen from the example above comparative analysis Unidirectional laws of Russia and the United Kingdom, definition rate and supporting words and their combinations are not the same. They can a certain extent to the coincidence, but the search for toolkit is much wider and develops not only from the definitions. This should be kept in mind when designing regulatory legal acts and in the process of searching and using such acts.
During the design, the developer, taking into account the concept of the act, chooses from the already existing dictionaries the terms necessary for its purpose separates the basic concepts from them for their act and additionally formulates those definitions that are not included in the existing dictionaries. It should be accepted with the opinion that it is best to give new definitions in basic laws, around which developmental regulatory will be formed legal acts. It is best when for each institution of the industry has a basic law, which focuses the main definitions of this institution.
Considering that the definitive part of the informational law is only formed, it is important to carry out the inventory of terms in existing laws and outline a promising distribution of terms of the missing plans for the preparation of draft laws in this field. In other words, this process also needs to be managed.
In this way, legal definitions and formed on their basis key search words and phrases are the most important part of the instrumentation of compilers of regulatory legal acts, bodies receiving and publishing such acts, as well as organizers and personnel of information and search, analytical and expert systems serving the interests and needs of various categories of users. And finally, users themselves, who, in the presence of equipment, have ample opportunities to communicate independently with information systems. Practical classes at the rate of informational law with a careful attitude towards the topic of legal definitions and terminology in information on information legislation will help to make very curious observations on the absence of installations for compliance with the unity of terms even in the same subject of legal regulation.
- See: Informatics in terms and definitions of Russian legislation / Ed. V. A. Nikitova. M.: Slavic dialogue, 2000.
- Methodology for this work See: Bachilina I. L. Information law. Basics of practical informatics. M., 2001. P. 65-71.
Forming intersectoral complex of legal norms governing public relations in the field of creation, use, movement and protection of information (information resources). The allocation of I.n. From the total array of legislation is due to the increasing processes of informatization of modern society and the growth of the importance of information relations that require special complex regulation. The concept of "I. p." wider than computer right, because In the field of the first there is information in any form, and not only in electronic.
Watch value Information law in other dictionaries
Right - NARCH. Safety in the truth of anything, abbreviated right, truly, truly, she, rightly, I assure. , I was not there! - I have not been there. Well, not! chickens | SUD cf. This ........
Explanatory dictionary of Daly
Right ... 1. - 1. The initial part of the complex words, which makes the meaning: right (1 *) (eligible, legal relationship, succession, legal, etc.).
Explanatory dictionary Efremova
Right ... 2. - 1. The initial part of the complex words, which makes the value.: Proper (spelling, legal exercise, etc.).
Explanatory dictionary Efremova
Right ... 3. - 1. The initial part of the complex words, which makes the value.: Right (2 *) (right-hand, right-tooth, etc.).
Explanatory dictionary Efremova
Agency (information) - an institution collecting materials on political, economic events, events in scientific and cultural life and supplying them to so much, radio and television.
Political Dictionary
Active selective law - - the right to elect election state bodies and organs local governmentsand also participate in referendums. In the absolute majority of the countries of the world belong ........
Political Dictionary
natural law - - The concept of belonging to a person from its nature and nature of society a set of universal, universal, inalienable and unchanged rights and freedoms that do not depend ........
Political Dictionary
Suffrage - 1) the set of norms that determine the principles and conditions for the participation of citizens in elections representative bodies authorities. 1) the right of citizens to elect these authorities (active ........
Political Dictionary
Information Agency - - organization carrying out the collection and operational distribution of information.
Political Dictionary
Information society - - term applied to designation contemporary state industrialized countries associated with a new role of information in all parties of their livelihoods, ........
Political Dictionary
International law — - legal system contractual and ordinary norms and principles expressing the agreed will of states. Sources of international law are international treaties ........
Political Dictionary
Passive electoral law - - the right to be elected to the elected state bodies and local governments (i.e. the right to be registered as a candidate, to spend on a par ........
Political Dictionary
Right - - a set of general binding rules governing public behavior, or established or authorized by the state. The term "right" is used ........
Political Dictionary
Choice right - - the natural law of each person declared in democratic states to exercise the free choice of representatives to the authorities state power.........
Political Dictionary
Right and politics - - Concepts that reveal the content of two interrelated areas of public life. Law - System social normsregulating public relations, behavior of people ........
Political Dictionary
Election law - - a set of legal norms regulating the participation of citizens in elections, the organization and conduct of the latter, relationship between voters and elected bodies ........
Political Dictionary
Right to access information - - The right of everyone freely look for information and receive it from state authorities, other state bodies and organizations, local governments, ........
Political Dictionary
Absolute law - Cm.
The right absolute
Economic Dictionary
Copyright - Special law certain rights The authors of the works of science, literature, art for the disposal and use of the creations created by them. According to the author ........
Economic Dictionary
Copyright (right to reproduction) - in legal practice and in the insurance of professional responsibility: exceptional
right by
The law that is provided by the authorized state ........
Economic Dictionary
Copyright - Copyright - Available to authors and creators legal
form of protection of their works from illegal use or claims to
Ownership (property lawsuits) from the side ........
Economic Dictionary
Agency, information — -
Organization exercising
Collection and prompt dissemination of information.
Economic Dictionary
Administrative law - See administrative right
Economic Dictionary
Accreditation for the right to verification of measuring instruments - Registration of the Commissioner state Organization Rights of the company for testing work.
Economic Dictionary
Active selective law - - in constitutional law -
right to elect to elected state
Bodies I.
Local governments, etc. Participate in referendums. At present ........
Economic Dictionary
Privileged shares giving the right to participate in profit - Participating Preferred Stocksm. Privileged action
Economic Dictionary
Shares giving the right to income in the form of a dividend or percentage - Shares giving the right to shareholder to receive a dividend and the percentage of profit of the JSC received from all investments of the company.
Economic Dictionary
Anglo-American Law - - cm.
Anglo-Saxon Law.
Economic Dictionary
Anglo-Saxon Law — -
English private system
The rights acting in England, and even (in more or less pure form) in the former English
Colonies: USA, Australia, Ireland, Canada ........
Economic Dictionary
Arbitration procedural law - - in a number of states (including in the Russian Federation) - independent
Industry
rights,
A combination of legal norms regulating relations arising in
The process of consideration ........
Economic Dictionary
Banking secrecy - banks protected by banks and other credit institutions information on deposits and accounts of its customers and correspondents, banking operations on accounts and transactions in the interests of the client, as well as information on clients whose disclosure may disrupt the right of the latter to privacy.
Types of information access - mandatory information to universal information; Free access information for universal information; Providing information on request (may be paid).
Types of information weapons - conventional weapons sent by the targets of radiotechnical intelligence funds with partial homing at the final section; High-intelligent - self-equipped ammunition; Radio frequency masking interference; large levels of electromagnetic or ionizing radiation; exposure to high voltage pulse through the electrical network; Impact of communication systems on a computer; The means of generating a natural speech of a particular person (voice change).
Types of information legal relations - a) legal relations arising in the field of search, receipt and consumption of information (for example, legal relations regulated by Art. 29 of the Constitution of the Russian Federation); b) legal relations related to the production and distribution of source and derivative information (for example, legal relations in the field of media activities, copyrights in civil law); c) legal relations in the field of information resource formation and provision information services (for example, the legal relationship regulated by the Law "On Compulsory Copy of Documents", the Law "On Library Business", the Law "On Archiving Deal in the Russian Federation"); d) legal relations in the field of creating and applying information technologies, their networks and their assets (the right to create information networks, the obligation to conclude agreements to create such objects for state needs); e) legal relations in the field of information security (the right to protect personal life, information from unauthorized access, the protection of various types of secrets).
Types of information technology - high intelligent information technologies - generation of technical solutions that implement a situational modeling that allow you to identify the connection of the elements, their dynamics and designate objective patterns of the medium; Auxiliary information technology - technologies focused on ensuring certain functions (accounting and statistics, management of personnel system, document management, financial operations, systems for strategic management, etc.); Communication information technologies - technologies that ensure the development of telecommunications and its systems.
State secrecy - state-protected information in the field of its military, foreign policy, economic, intelligence, counterintelligence, operationally investigative Activities whose distribution can cause damage to the safety of the Russian Federation.
Document - material object With the information recorded on it in the form of text, recording or image, designed to transmit in time and in space for storing or use.
Documented information - fixed on the material carrier by documenting information with details that allow you to determine such information or in the cases established by the legislation of the Russian Federation, its material carrier.
Admission to information constituting state secret- procedure for making access to access (authorized familiarization). Consists of the following elements: the obligation of non-exposure of information data; temporary restriction of the rights of the subject of state secrecy; Benefits provided to subjects of state secrets; responsibility for disclosing state secrets; verification activities; The decision of the authorized bodies on admission to the information constituting the state secret.
Admission to information is the possibility of obtaining information and its use.
The tasks of the activities of the authorities in the information sphere - a) information support of the activities of the bodies (work on the structuring of information and the choice of the most proper legitimate information processing tools); b) providing each body of information to other users.
The closed electron-digital signature key is a unique sequence of symbols, known to the electron-digital signature.
The Internet is a universal information system, which includes two independent blocks: a) a global combination of computer and communication networks; b) software tools providing network service (email, multimedia, etc.).
Informatization - the process of organizing socio-economic and scientific and technical optimal conditions for satisfaction information needs and the realization of the rights of subjects based on the formation and use of information resources.
Information security is the state of security of the national interests of the country (i.e., vital interests based on a balanced basis) in the information sphere from internal and external threats. The content of information security amounted to the vital interests of the subject in the information sphere and internal and external threats arising from these interests.
Information Security State - Protection constitutional system, sovereignty, territorial integrity using information funds. The vital interests of the state in the information sphere: a) the creation of conditions for the realization of the interests of the individual and society in the information sphere; b) the formation of public monitoring institutions for state authorities; c) unconditional provision of legality and law and order; d) creating conditions for the development of its own information infrastructure; e) the formation of a system for the preparation and implementation of solutions of state authorities, providing national interests of the country; (e) Protection of the state information system and information resources (including the protection of state secrets); g) protection of the country's unified information space; h) the development of equal and mutual international cooperation. Threats of information security of the state: erosion of the Unified legal space countries due to the adoption by the subjects of the Russian Federation not complying with the Constitution of the Russian Federation legal acts; destruction of the unified information space of Russia; displacement of Russian news agencies and media from the internal information market; monopolization of the information market; blocking the activities of public media on informing the Russian, foreign audience; weakening the role of Russian as state language RF; unauthorized targeted intervention and penetration into the activities and development of information systems; Low efficiency of information support of public policy (deficiency of personnel, the lag of information systems from international standards).
The information security of the personality is the state and conditions of the life of the individual, under which its informational rights and freedom are being implemented. Vital interests of the personality: a) compliance with the implementation of constitutional rights to find, obtaining the rights and dissemination of information; b) the realization of the rights of a citizen to privacy; c) the use of information in the interests of not prohibited by law, physical, spiritual, intellectual Development; d) protection of rights to objects intellectual property; e) ensuring the rights of a citizen to protect their health from unconscious of the harmful information. Threats of personal interests: a) applying regulatory legal acts contradictory constitutional rights citizens; b) opposition, including from criminal structures, the realization of citizens' rights to privacy; c) an unlawful restriction of access to open information; d) violation of the rights of citizens in the field of the media; e) unlawful use of special means affecting consciousness; e) manipulating information (disinformation; concealment or distortion of information).
Information security of society is the protection of economic, social, international and spiritual values \u200b\u200bfrom external and internal threats using information funds. Vital interests of society: a) ensuring the interests of society; b) building a legal state; c) building a information society; d) preservation of the moral values \u200b\u200bof the Company; e) preventing the manipulation of mass consciousness; (e) Priority development of modern information technologies. Threats of information security of society: a) failure to fulfill the requirements of the law; b) disorganization and destruction of the system of accumulation and conservation of information; c) strengthening the dependence of social life from foreign infrastructures; d) the activation of various kinds of religious sects; e) a decrease in the level of spiritual morality, the creative potential of the population of Russia; e) the outflow of specialists abroad; g) violation of the rights in the sphere of information (leakage, interception, theft, imposing false information); h) violation of the rules in the field of information systems; and) violation of the rules in the use of information security tools: the impact on the password keys of the system, the use of non-certified information technologies.
Information War - actions aimed at achieving information superiority, support for the National Military Strategy through the impact on the information and information systems of the enemy while ensuring the safety and protection of the owner of the information.
Information system - technological systemrepresenting a combination of technical, software and other means uniting structurally and functionally several types of information processes and providing information services.
Information weapons - means of destruction, distortion or theft of information arrays, mining from them the necessary information after overcoming protection systems; Restrictions, reproducing access to legal users, disorganizing the work of technical devices, the output of telecommunication networks and high-tech funds of society and the state.
Information law is a set of legal norms protected by the state arising in the field of production, transformation and consumption of information. The right is the information system, therefore, the information right studies and the informational essence of law.
Information and legal norm is the norm of law that regulates a separate group of social relations in relation to the peculiarities of the information sphere. The information and legal norm sets the content and obligations of the subjects participating in the legal relationship. It contributes to the implementation of information rights and freedoms, as well as information processes when contacting information.
Operational legal relationship - a phenomenon in which the abstract information and legal norm acquires its real being.
Information and Telecommunication Network - a technological system designed for transmission lines of information, access to which is carried out using computing equipment.
Informational resources - separate documents and arrays of documents, as well as documents and arrays of documents in information systems.
Information technologies - processes, methods for searching, collecting, storing, processing, providing, disseminating information and methods for carrying out such processes and methods.
Information - information (messages, data) regardless of the form of their presentation. From the point of view of philosophy, the information is the display of diversity. The object of legal regulation is only the information that a person removes from the environment and displays in his mind.
Information with limited access - information that makes up state secrets, service secret, know-how, commercial mystery, Personal Information. Information with limited access is determined by two features: a) access is limited in accordance with the law; b) The purpose of the restriction is to protect the rights of subjects for the mystery.
Information not subject to classification - information about emergencies, catastrophes, threatening security and health of citizens; on the state of ecology, health, demography, education, culture, agriculture and crime; about privileges, compensation, benefits provided to all subjects; On the facts of violation of human rights and freedoms and citizen; on the resources of the gold reserve and state currency reserves; on the state of the health of the highest officials; On the facts of violation of legislation by state authorities and officials.
Commercial mystery - scientific and technical, technological, commercial, organizational, other used in business activities Information that has a valid, potential commercial value due to the uncertainty of its third parties and to which there is no free access on the legitimate basis. In relation to such information, the owner accepts its adequate values \u200b\u200bof legal, organizational, technical and other protection measures.
The confidentiality of information is mandatory to fulfill the person who gained access to certain information, the requirement does not transfer such information to third parties without the consent of its owner.
Large information systems - information systems having a long life cycle, large-scale and complex solid tasks, diverse software, territorial distributionability, the possibility of migration to other information systems.
Small information systems - information systems with a short life cycle, a low price, for their vital activity is enough of one personal computer, the practical absence of security tools, analytical data processing tools.
Know-how - the results of intellectual activity protected in commercial secrets, which can be transmitted to another person and are used on a legitimate basis only at the discretion of a person with such information on the legitimate basis and which are not provided with patent protection.
The owner of the information is a person who has independently created the information either on the basis of the law or the right to allow or restrict access to information determined by any signs.
Publicly available personal data - personal data, the access of an unlimited range of people to which is provided with the consent of the subject of personal data or which in accordance with federal law does not apply to confidentiality compliance.
Communicative information and legal principles - a) the priority of personal rights; b) legality; c) responsibility (for violation of rights and obligations).
Objects of information constituting a professional secret - a) medical mystery; b) the mystery of communication; c) notary mystery; d) lawyer secrecy; e) secret adoption; e) secret insurance; g) Mystery confession.
Objects of relations on the Internet - a) information resources, products, services; b) informational rights and freedoms (for example, the rights to the domain name); c) informational integrity; d) information sovereignty; e) information security.
Personal data objects - a) biographical and identification data; b) personal characteristics; c) marital status; d) property, financial position; e) health condition.
Objects of service secrets - a) military mystery; b) the secret of the investigation; c) forensic mystery; d) tax secrets; e) guarding confidential informationwhich is a commercial, banking, professional secret, the mystery of privacy.
Mandatory copy of the document - the resource base of the National Information Infrastructure. Not subject to compulsory provision of personal documents (letters), secret documents, documents contained in a single execution, archival documents and managerial information. Mandatory submission to be subject to: publications with the "C" icon; editions for the blind; Official documents to be published; audiovisual products; electronic publications; Unpublished publications (dissertations, scientific research).
Restrictions on the use of information technologies - development and dissemination of programs that violate the regulatory functioning of information and telecommunications systems; introduction of products and components that implement the functions not provided for by the documentation for these programs; compromise the keys and means of cryptographic information protection; Impact on parallel-key protection systems for automating processing and transmission systems; The introduction of electronic devices to intercept information in technical devices Processing, storage and transmission of information.
The information system operator is a citizen or a legal entity engaged in the operation of the information system, including the processing of information contained in its databases.
Grounds for limiting information rights - a) protection of the foundations of the constitutional system; b) protection of morality; c) health protection; d) protection of rights and legitimate interests other persons; e) ensuring the defense of the country and security of the state. It is necessary to create a single list of reasons for restrictions and a list of cases of direct limitation of rights to information.
The basis of the declassification of information constituting the state secret - a) the assumption of the Russian Federation international obligations According to the open exchange of information constituting the state secret; b) the expiration of the established period of classification (a total period of 30 years, but it is possible to establish a larger term of the Interdepartmental Commission for the Protection of State Secrets); c) change of objective circumstances.
The main directions of the activities of the authorities - a) selection of information required to ensure activities; b) systematization of information; c) preparation and maintenance of information data banks; d) responsibility for the inadequacy of information resources to the objectives of the authorities, as well as the responsibility for the incompleteness and the incommodation of information for the use of information not for the purpose; e) organization of the information system; e) security.
The main directions of protection of the information sphere - a) the protection of the interests of the individual, society and the state from the impact of harmful, poor-quality information; b) protection of information, information resources and information system from the illegal impact of various subjects; c) Protection of information rights.
The main directions of legal regulation of relations on the Internet - a) protection against harmful, illegal information; b) compliance with copyright and adjacent rights In the context of the dissemination of information in in electronic format; c) electronic document management issues; c) Cyberomics issues; d) information security; e) offense on the Internet.
Basic requirements for the information system - a) effectiveness; b) quality of operation (accuracy; security; consistency with standards); c) reliability - those thresholds when the system refuses (by the quality of information; by the time of access; in terms of performance); D) Security.
Features of the Information Society - a) the availability of information infrastructure (transboundary information and telecommunication networks and information resources in them); b) the massive use of personal computers and connecting them to cross-border information and telecommunication networks; c) preparation of members of society to work on computers in cross-border information and telecommunication networks; d) new forms and types of work in transboundary information and telecommunication networks and virtual space; e) the ability to almost instantly receive information from cross-border information and telecommunication networks; e) the ability to instantly communicate; g) integration of media and transboundary information and telecommunication networks; h) the absence of geographic and geopolitical borders of states involved in cross-border information and telecommunication networks.
Features of the information war. The object of exposure is all types of information and information system. The object of exposure can act as a weapon and as an object of protection. The territory and space of warfare expands. The information war is conducted as an declaration of war and in crisis situations. The information war is conducted both military and civilian structures.
Responsibility in the information sphere. Legal liability is implemented taking into account specific methods of informational law in case of conflict unlawful situations. Disciplinary responsibility Becoming for illegal actionscommitted by the subjects of information law due to the performance of their rights and obligations (paragraph 6 of Art. 9 of the Law "On the Legal Protection of Topologies of Integral Microcircuits", Art. 46 of the Constitution of the Russian Federation - the responsibility of employees for the provision of poor-quality information). Administrative responsibility Installed in ch. 13 Administrative Code - for the use of non-certified communication services, violation of information protection rules, disclosure of information with limited access, the abuse of freedom of the media. Civil liability is provided for by paragraph 2 of Art. 139 of the Civil Code of the Russian Federation: for violation of the norms regulating information and property relations ( exceptional rights in copyright), as well as compensation moral harm and property harm in case of disclosure of disclosure information. Criminal liability is established by the Criminal Code of the Russian Federation: Art. 237 "Hiding information about the circumstances that create a danger to the life or health of people"; Art. 283 and 284 - offenses related to the disclosure of state secrets; Head of offenses in the computer sphere (Art. 272, 273 and 274). The responsibility of the media is provided for abuse of journalist's rights; violation of privacy; slander and insult; Violation of more than 2 times a year. Art. 4 of the law "On the media" (on publication of various kinds of prohibited information).
Open information - all non-law information, election and referendum information; official documents.
The open electronically digital signature key is a unique character sequence available to any user to confirm the signature.
The difference between information weapons from ordinary weapons - secrecy (possibility of applying without visible training); scale (applied without geopolitical borders); Universality (applied by military, civilian organizations).
Personal data - any information related to a certain or defined on the basis of such information physical lick (Personal data entituity), including his last name, name, patronymic, year, month, date and place of birth, address, family, social, property status, education, profession, income, other information.
The right to information is the regulatory procedure for the implementation of the powers of various subjects in the field of production (creation, receipt, access, collection, storage, use and dissemination) of information in order to do not contradict freedoms, rights and interests of the individual, society and the state. The following information rights are enshrined in the Constitution of the Russian Federation: a) the right to privacy; b) the right of correspondence and other messages; c) freedom of thought and words; d) freedom of the media; e) the right to freely look for, receive, transfer and produce information by any legitimate way; e) the right to education; g) the right to reliable information about the state of the environment; h) freedom of all types of creativity; and) freedom of teaching; K) The right to access cultural values.
Legal status The journalist is a set of special rights and obligations of journalists and those equivalent to them (working in the state of the editorial board, but not collecting information, freelance workers). Legal status of a journalist includes the following elements: a) labor Relations, other contractual facial relations with registered media; b) functions of a journalist (search, distribution, issuance of information), including the right of a journalist to request, access to information on the work of state bodies; c) accreditation; d) protection of the source of information.
The legal status of the media consists of the following elements: a) mandatory state registration, which is not permitted, and notification; b) licensing (is mandatory only for IV and radio broadcasting); Cancellation of the license is made in a systematic violation of the legislation on the procedure for licensing; c) the procedure for the release of the media; d) the mandatory availability of the charter of the editorial board and the charter of the legal entity (the Charter of the Editor - the actual agreement between the editors and the founder); e) ensuring the state of independence of the media; E) Economic governmental support (tax breaks, state subsidies under certain conditions); g) regulation by the state of advertising in the media.
The legal status of subjects of informational law includes: information legal capacity; Information capacity, rights and obligations of subjects, as well as responsibility, guaranteeing their rights. In relation to the information, all subjects can be divided into three groups: manufacturers, owners, owners of information, consumers.
The subject of information law is part of social relations that are associated with the creation, design, storage and processing, dissemination, using information resources, is associated with the development and management of information resources, with the development and use of new technological work with information and technologies of its transfer to Systems and networks of communications with the establishment of security measures in information fields, including legal responsibility in these areas.
Better objects on the Internet - site, page, server, domain, electrical mail, etc.
Provision of information - actions aimed at obtaining information by a certain circle of individuals or information transmission a certain circle Persons.
Signs of the information system - a) execution of one, several functions regarding information; b) the unity of the system (the presence of a shared file base, uniform standards and protocols, unified management); c) the possibility of a composition and decomposition of the system objects when performing specified functions (excerpts from laws in the "Guarant", bookmarks are all in one file).
Signs of classifying information for official secret - a) information containing official information on the activities of state bodies or subordinate enterprises, organizations, the ban on the dissemination of which is established by law or is dictated by an official need; b) information that are confidential information for other persons, but who have become well-known representatives of state bodies by virtue of their duties.
Signs of the security of information - a) the security is subject to only documented information; b) information must comply with the restrictions established by law; c) information protection is established by law.
Principles of classification of information - a) Principle of legality: Specific information must comply with the list of information constituting a state secret; b) the principle of substantiation: the feasibility of attributing these information to the state secret is established by expert assessment of the likely damage to the interests of the state and society and on the basis of the balance of the vital interests of the person, society and the state; c) Principle of timeliness: Classification from the moment of receipt of information or early classification; d) the principle of mandatory protection: information is protected by bodies with relevant competence.
The principles of information law - fixed in legal standards The main principles that determine the essence and content of this industry are the right to give it systemic nature and allow it to talk about the integrity of the mechanism of legal regulation, based on the Constitution of the Russian Federation, federal laws and other regulations.
Professional mystery - law protected by law, trusted or who has become a well-known person (information holder) solely due to the fulfillment of professional duties, not related to state or municipal Service. The dissemination of this information may damage the principal, but the information is not different.
Dissemination of information - actions aimed at obtaining information by an indefinite circle of persons or transferring information to an indefinite circle of persons.
Information Protection Mode is the procedure established by law to access the relevant information and responsibility for disclosing these information. The protection mode of information is established in relation to the three groups of information: a) information relating to the state secret: the regime is established by the authorized state body on the basis of the Law "On State Secret"; b) confidential information, the protection mode of which is established by the owner of the information resources or the person authorized by him on the basis of the Law "On Information"; c) personal data; The protection mode of such data must be installed special federal lawwhich is not accepted.
Modes of commercial secrets - a) confidential relations under the contract - from the moment of employment between the employee and legal entity draw up in labor agreement (contract) or in annex to it; b) confidential relations on service functions arising between employees of one company defined job descriptions; c) confidential relations under the terms of the contract - between the customer and the contractor are issued in the civil contract.
The information law system includes four sections: a) general provisions; b) state regulation of the information sphere ( legal regimes information resources, the procedure for creating and applying information technology, international information exchange, information market (e-commerce), intra-organizational management using information systems, regulation of the media, the right of citizens in the information sphere, archival and library business); c) information security (provision of personality security, states, society and global information space); d) responsibility in the information sphere: criminal; Administrative, disciplinary, civil law.
The system of state authorities providing the right to access information. The Constitution of the Russian Federation establishes the right to free access to information, so public administration In the information sphere is carried out by all branches of government. General management is carried out by: Federal Assembly of the Russian Federation, President of the Russian Federation, Government, Courts, Security Council.
The service secret is a law-protected confidential information that has become known in state bodies or OMS in closed grounds due to their work duties, as well as service information on the activities of the body itself.
Special informational and legal principles - 1) Principles provided by the Constitution of the Russian Federation, but having its specificity in the information law: a) the principle of free production, distribution, access to information; b) the principle of prohibition of production and dissemination of information, harmful and dangerous for the development of personality, society and the state. It is implemented through state safety standards; 2) principles that are formulated based on the properties of information: a) the principle of "alienation" of information from its creator; b) the principle of weatherproof information; c) the principle of the information facility (television of information and its carrier); d) the principle of distributor and instance of information.
Average information systems - information systems that have a long life cycle, the availability of analytical data processing, the availability of security tools is needed by the staff of the staff and there is interaction with the developer.
The media is the result of intellectual activity that has the form of periodic information dissemination.
Degree of secrecy - a) Special importance - such a vulture has information, the disclosure of which may cause damage to the interests of the Russian Federation; b) completely secretly - such a vulture has information, the disclosure of which can cause damage to ministries and departments; c) Secretly - such a vulture has information, the disclosure of which can cause damage to enterprises, institutions, organizations (until 1991. Information of this kind referred to service secrets).
Subjects of banking secrets - the owner of the banking secrecy - the client; User banking secrecy - bank.
Subjects of state secrets are persons admitted to the information constituting state secrets.
Subjects of commercial secrets - a) owners of commercial mystery - the organization itself and employees working in it; b) Rererencers - Persons who are information that makes a commercial secret has become aware of the official position, the performance of professional duties, by virtue of the contract, on other legal basis.
Personal data entities - Persons who include data, their heirs. Restriction of the right to protect personal data exists for entities admitted to state secrets, as well as suspected crimes. Privacy mode is removed in case of depleting personal data or at the request of the subject of personal data.
Subjects of the Mass Media are the founder, editors, publisher, distributor and owner of the editorial office.
Subjects of legal relations on the Internet - a) Creators of software technologies (information infrastructure parts); b) manufacturers and distributors of information on the Internet, including providing services (providers); c) consumers.
Subjects of professional secrets - a) principal; b) holder; c) the user (state bodies who become a well-known state secret due to the use of official duties).
Subjects of the electronic digital signature - users of the information system; Holders of electronically digital signature; certifying centers; Commissioners federal bodies executive power.
Mystery of Privacy - composite element The rights to inviolability of privacy. The mystery of privacy includes personal, family mystery and protection of personal data. Legal guard the right to inviolability of privacy is carried out by establishing constitutional guarantees. Information affecting the inviolability of privacy and has become famous on legal grounds Other persons should be protected in professional or service secrets.
Information protection objectives - a) preventing theft, leakage, distortion, loss and fake information; b) prevent unauthorized actions for destruction, modifications, copying and blocking information; c) Implementation of the right to state secrets and confidential information.
Electronic digital signature - the props of the electronic document obtained as a result of the transformation of information using a closed electronically digital signature key and allowing the authenticity and integrity of the information contained in the electronic document, as well as the electronic digital signature holder. The electronic digital signature in the electronic document becomes an equivalent of his own signature under the following conditions (at the same time) - a) the certificate of the electronic digital signature key did not fail; b) the authenticity of the electronic digital signature in the electronic document is confirmed; c) Electronic digital signature is used in relationships with legal significance.
E-mail - information transferred or user received by the information and telecommunications network.
Electronic document - a document on a digital carrier, consisting of three elements: the content of information; the form of provision of content; Media information.
Legal properties of information - the properties of information that allow legal regulation on information: a) physical indisputability (the alienation of information is replaced by transferring rights to its use); b) information isolation - for inclusion in circulation, information is used in the form of symbols, signs, thus separate from the manufacturer and exists separately; c) telecommunication and carrier; d) the distribution (replicability) of information - the possibility of distributing an unlimited number of copies without changing the content of information; e) organizational form of information - a document; (e) The instance of information is the existence of information on a separate material carrier, hence the account of the number of copies through the number of media.