Information law. Official and professional secrets (the most important)

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Information law. Official and professional secrets (the most important)

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31. OFFICIAL AND PROFESSIONAL SECRET

The Federal Law "On Information, Informatization and Information Protection" defines information as information about persons, objects, facts, events, phenomena and processes regardless of the form in which they are presented.

The Civil Code protects a special type of information - official и trade secret. This type of information is protected if the following characteristics are present.

1. Information has actual or potential commercial value.

The range of information constituting an official or commercial secret is determined, as a rule, by the owner of the information, guided by the law, other legal acts, constituent documents, business practices. This list can include, in principle, any information that, in the opinion of the owner, affects the success of his activities. In some cases, the law, regardless of the will of the information carrier, decides on the possibility of its dissemination.

For example, in accordance with par. 2 p. 3 art. 184 of the Civil Code, a commercial representative is obliged to keep secret information about trade transactions that has become known to him even after the execution of the instructions given to him; by virtue of paragraph 1 of Art. 857 of the Civil Code, the bank guarantees the secrecy of the bank account and bank deposit, account transactions and information about the client.

According to part 2 of Art. 23 of the Constitution of the Russian Federation, everyone has the right to privacy of correspondence, telephone conversations, postal, telegraphic and other communications. Restriction of this right is allowed only on the basis of a court decision.

On the other hand, par. 2 p. 1 art. 97 of the Civil Code obliges open joint-stock companies to annually publish for general information the annual report, balance sheet, profit and loss account. According to paragraph 1 of Art. 63 of the Civil Code, information on the liquidation of a legal entity must be published, by virtue of par. 2 p. 2 art. 118 of the Civil Code, the fund is obliged to publish annual reports on the use of its property. Other types of information that do not represent official and commercial secrets may also be disclosed by law.

2. The relevant information is not known to third parties.

3. This information is not freely available legally.

4. The owner of the information has taken measures to protect its confidentiality.

Information constitutes an official or commercial secret in the case when the information has actual or potential commercial value due to the fact that it is not known to third parties, there is no free access to it on a legal basis, and the owner of the information takes measures to protect its confidentiality. Information that cannot constitute an official or commercial secret shall be determined by law and other legal acts.

Information constituting an official or commercial secret is protected by the methods provided for by the Civil Code and other laws.

Persons who illegally obtained information that constitutes an official or commercial secret are obliged to compensate for the losses caused.

Such an obligation is imposed on employees who divulged official or commercial secrets contrary to an employment contract, including a contract, or counterparties who did so contrary to a civil law contract.

Author: Yakubenko N.O.

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