Information law. Protection of the right to information. Responsibility for violation of the right to access information (most important)

Lecture notes, cheat sheets
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Information law. Protection of the right to information. Responsibility for violation of the right to access information (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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22. PROTECTION OF THE RIGHT TO INFORMATION. RESPONSIBILITY FOR VIOLATION OF THE RIGHT TO ACCESS TO INFORMATION

Refusal to provide information, unreasonable delay in response or failure to provide it within the established period, as well as other violations of the procedure for considering and satisfying a request provided for by law, can be appealed to a higher state body (organization) in the order of subordination. If the decision of a higher authority or organization does not satisfy the complainant, the complaint may be sent to court.

Persons who have been unlawfully denied access to information, as well as persons who have received false information, have the right to compensation for the damage incurred.

Officials of bodies and organizations who are guilty of unlawfully restricting access to information, failing to provide information in the prescribed manner, providing false information, who have committed other violations of the right to access to information, are subject to criminal, administrative and civil liability in accordance with the legislation of the Russian Federation.

In conditions when information communication of people is transferred to cross-border information networks, in which it is extremely difficult to identify facts of violation of information rights, and legislation has not yet been formed, the fulfillment of such obligations requires users of information most often to comply not with legal, but rather with ethical standards. In this regard, various codes of honor are being developed for information interaction on the Internet.

Codes establish standards of ethical behavior that must be adhered to by parties related to the field of informatics and telecommunications: manufacturers, sellers and consumers of hardware and software. It should be noted that the National Code is declared as a means of self-discipline (ie provides for voluntary adherence), but at the same time is intended to be used by the courts as a reference document in the framework of information legislation.

The Chamber of Commerce and Industry of the Russian Federation also proclaimed the National Code of Activities in the Field of Informatics and Telecommunications.

The Code is a tool of self-discipline and is also intended to be used by the courts as a reference document within the relevant legislation. It applies to all types of activities of legal entities and individuals in the field of informatics and telecommunications.

Legal entities and individuals operating in the field of informatics and telecommunications voluntarily assume the following perpetual obligations:

▪ not to produce, copy or use software and hardware of computer science and telecommunications without the permission (license of the owner) of the manufacturer or copyright owner and not acquired legally;

▪ not violate laws on the protection of intellectual property and recognized standards of copyright for software and databases;

▪ do not violate the secrecy of message transmission, do not practice opening information systems and data networks;

▪ do not use the names and abbreviations of other firms, companies and organizations without their consent;

▪ not make a profit from the use of a trademark or symbol belonging to another company or product.

Author: Yakubenko N.O.

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