Information law. Information Property (Most Important)

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Information law. Information Property (Most Important)

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27. INFORMATION PROPERTY

One of the defining provisions of information law is the property right that arises in connection with information, which can be understood as the right of everyone to recognize information as "one's own". In order to answer the question of what is "information property" or "ownership of information", we must once again consider the features and legal properties of information as an object of law.

The essence of the right of real property lies in the fact that a particular thing can belong to only one person at a time - the owner. However, the property of information - dissemination - suggests that the same information (its content, information about something or someone) can simultaneously belong to an unlimited circle of people (i.e., it can be possessed or known to its content by an unlimited circle of people).

The legislator extended the institution of ownership to information resources, including library collections and archives. At the same time, by fixing the ownership of such information objects, the legislator, in fact, regulates only the ownership relations for the information carrier and ignores the relations arising from the use of information reflected on the carrier.

1. The Federal Law "On Information, Informatization and Protection of Information" (clause 3, article 6) establishes: "The state has the right to buy back documented information from individuals and legal entities if this information is classified as a state secret. The owner of information resources containing information classified as a state secret, shall have the right to dispose of this property only with the permission of the relevant state authorities. And this means that, having handed over to the state a carrier containing information classified as a state secret, the owner of such documented information is free to transfer to third parties the information contained in these resources, since the legislator has not disclosed the concept of "order" in relation to documented information.

2. The legislator extends the right of ownership directly to information. Federal Law "On Production Sharing Agreements" art. 11. "Ownership of property and information":

"2. All primary geological, geophysical, geochemical and other information, data on its interpretation and derived data, ... obtained by the investor as a result of work under the agreement, belong to the state on the right of ownership. Subject to the confidentiality conditions stipulated by the agreement, the investor has the right to freely and free of charge use the specified information, data and samples in order to perform work under the agreement. The procedure for using the specified information, data and samples, as well as the procedure for their export outside the Russian Federation are determined by the agreement in accordance with the legislation of the Russian Federation.

3. In the Civil Code of the Russian Federation, information is included in the objects of civil rights along with things, property rights, and intellectual property. Art. 128 "Types of objects of civil rights":

"Objects of civil rights include things, including money and securities, other property, including property rights; works and services; information; results of intellectual activity, including exclusive rights to them (intellectual property); intangible benefits."

Author: Yakubenko N.O.

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