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Accepted at the twenty sixth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of November 18, 2005 No. 26-7)

MODEL LAW

About informatization, information and information security

Chapter 1. General provisions

Article 1. Coverage of this Law

1. This Law governs the legal relations arising when implementing the right to search, obtaining, transfer, production and distribution of information, use of information as object of the civil laws, creation and operation of information systems, use of information technologies, ensuring information security.

2. Provisions of this Law do not extend to information protected as results of creative activities or means of individualization to which provisions of the legislation on intellectual property are applied.

Article 2. The basic concepts used in this Law

For the purposes of this Law the following concepts are used: the document (documentary information) - the material carrier with information fixed on it which has the details allowing to identify it;

domain name - the symbolical (alphanumeric) designation created according to rules of addressing of Internet network and corresponding to certain network address;

information security - the activities directed to prevention of leakage of the protected information, and also unauthorized and inadvertent impacts on it;

informatization - organizational social and economic and scientific and technical process which cornerstone mass application of information systems and technologies for the purpose of cardinal improvement of working conditions and quality of life of the population, substantial increase of efficiency of all types of activity of physical persons and legal entities is;

information requirement - need of person for information for implementation of the activities;

information system - the property complex intended for search, collection, accumulating, storage, processing and transfer (distribution) of information and consisting of necessary technical equipment and the software (including information, means of its representation and the organization);

information and telecommunication network - the system of data transmission intended mainly for information transfer, access to which is provided with use of computer and other technical devices;

information technologies - methods and methods of search, collection, storage, processing and transfer (distribution) of information on the basis of use of computer and other technical devices, programs for electronic computers and means of communication;

information - data or data which procedure for use, irrespective of method of their representation, storage or the organization, is subject to legal regulation according to this Law and other national laws;

official information of public authorities or local government bodies - information on activities of public authorities or local government bodies provided to the unrestricted group of people including through mass media;

personal data (information of personal nature) - the data or data allowing to identify the identity of the citizen;

the website - information placed in information and telecommunication network to certain network addresses, in total with complex of exclusive rights (on domain names, databases and programs for electronic computers) which implementation provides access to such information;

the electronic message - the text or other information intended for transfer and obtaining in electronic form and use using computer devices.

Other concepts used in this Law are applied in those values in what they are determined in the national legal system.

Article 3. Legislation on informatization, information and information security

1. The legislation on informatization, information and information security consists of national legal acts, this Law and other regulatory legal acts of the state published according to them.

2. Features of legal regulation of distribution of mass information are established by the national legal system on mass media.

3. Features of creation and operation of the information systems which are in property of subjects and municipalities can be established by legal acts of authorized bodies of the government and local government bodies respectively.

4. Features of legal regulation of provision of information which is stored in archive and library stocks are established by the national legal system on archive and library science respectively.

5. If other rules are provided by the interstate agreement signed by the state, than established by this Law provisions of the interstate agreement are applied.

Article 4. Principles of legal regulation of the information relations

Legal regulation of the public relations arising in connection with search, obtaining, transfer, production, distribution, processing and storage of information is performed on the basis of the following principles:

- freedom of search, production and transfer (distribution) of any information, access to which is not limited according to the national law;

- openness presumption (open entry and obligatory provision) of information on activities of public authorities and local government bodies;

- observance of technological neutrality in case of establishment of requirements to use of information technologies;

- timeliness of provision, objectivity, completeness and accuracy of the information concerning which the binding character of its public distribution or provision to public authorities or local government bodies is established by the law;

- personal privacy of citizens;

- restriction of obtaining, processing and use of personal data with the purposes for which they gather;

- safety of the personality, society and state during the using of information and use of information technologies.

Chapter 2. Bases of legal regime of information

Article 5. Information as object of legal regulation

1. According to the national legal system legal regulation of information is under authority of the state.

2. Information is independent object of the civil laws and can freely be transferred from one person to another if the national law does not set restrictions or prohibition on transfer (distribution) of certain information.

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