Information law. Documented information with limited access (most important)

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Information law. Documented information with limited access (most important)

Lecture notes, cheat sheets

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33. DOCUMENTED INFORMATION WITH RESTRICTED ACCESS

Documented information with restricted access is divided into information classified as state secrets, confidential.

At the same time, it is prohibited to refer to information with restricted access:

▪ legislative and other regulations establishing the legal status of state authorities, local governments, organizations, public associations, as well as the rights, freedoms and obligations of citizens, the procedure for their implementation;

▪ documents containing information on emergency situations, environmental, meteorological, demographic, sanitary-epidemiological and other information necessary to ensure the safe functioning of populated areas, production facilities, the safety of citizens and the population as a whole;

▪ documents containing information on the activities of state authorities and local governments, on the use of budget funds and other state and local resources, on the state of the economy and the needs of the population, with the exception of information classified as state secrets;

▪ documents accumulated in open collections of libraries and archives, information systems of state authorities, local governments, public associations, organizations that are of public interest or necessary for the implementation of the rights, freedoms and responsibilities of citizens. The owner of information resources is obliged to ensure compliance with the processing regime and rules for providing information to the user established by the legislation of the Russian Federation or by the owner of these information resources in accordance with the law.

The owner of information resources bears legal responsibility for violation of the rules for working with information in the manner prescribed by the legislation of the Russian Federation.

For offenses when working with documented information, public authorities, organizations and their officials are liable in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation.

To consider conflict situations and protect the rights of participants in the formation and use of information resources, the creation and use of information systems, technologies and means of their support, temporary and permanent arbitration courts can be created.

The arbitration court considers conflicts and disputes of the parties in the manner prescribed by the legislation on arbitration courts.

Denial of access to open information or provision of deliberately false information to users can be appealed in court. Non-fulfillment or improper fulfillment of obligations under a supply, purchase and sale agreement, other forms of exchange of information resources between organizations are considered by an arbitration court. In all cases, persons who are denied access to information, and persons who have received false information, have the right to compensation for the damage they have suffered.

The system-forming norms of the Federal Law "On Information, Informatization and Protection of Information" are implemented in regulatory legal acts by types of information, taking into account the peculiarities of its legal regime, determined by the specifics of information and the actions of subjects regarding it. The main regulatory legal acts in this area are the Federal Law "On librarianship", the Fundamentals of the legislation of the Russian Federation "On the Archival Fund of the Russian Federation and Archives", etc.

Author: Yakubenko N.O.

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