Information of limited access is ... And then a stupor. Someone has heard about medical or state secrets, another knows about trade secrets or testaments, but there is no general perception. Try to fix it. Let's start with the definition.
The concept
Restricted access information is information that is restricted by federal laws or public authorities.
Information of limited access is so called because the data carries potential or actual value, therefore the owner of the information will take measures for its safety.
As you can see, everything is quite simple, but only at first glance. Information is divided into two types:
- Publicly available.
- With restricted access.
To understand what is at stake, you need to consider two options.
So, we figured out that restricted information is data that cannot be used without the consent of its owner. Then publicly available information is information that its owner does not protect.
The fifth article of the law “On Information, Information Technologies and the Protection of Information” states that information also differs by the method of distribution. Access to certain types of information cannot be restricted. What are you talking about? Now let's figure it out.
Information that must not be hidden
It has already been said above that if the owner protects any data, then this is limited access information. But there are types of data that can in no way be protected. It is about the following:
- The state of the environment.
- Normative legal acts that affect the freedoms, rights and duties of a citizen and a person. This also includes those documents that establish the powers of state bodies, the legal status of organizations, and the powers of local governments.
- The activities of not only government agencies, but also local authorities and data that relate to the use of funds from the budget. This paragraph has an exception, namely, that information that is considered a state or official secret cannot be made public.
- Open collections of museums, libraries and archives and other data stored in information, municipal and state systems and designed to provide not only individuals but also organizations with this kind of information.
- Other information that cannot be limited by law. A striking example of such information is data on charitable organizations, joint-stock companies, non-profit organizations.
But it is not necessary to consider that types of information of limited access by this and are limited. Consider options for classifying information.
Information classification
In addition to the fact that the data are divided into those permitted for publication under the law and those to which access is limited, there are several more types of classification of information.
So, the information is false and true. According to the method of perception, data is also distinguished as:
- Auditory information is perceived by ear.
- Visual - is perceived using the visual organs.
- Olfactory - with the help of olfactory receptors, a person receives this or that information.
- Tactile - in this case, tactile receptors are involved.
- Flavoring - information appears when a person tastes something.
There is a different form of presentation: sound, symbol-test and graphic. Surprisingly, people have different perceptions of information. Someone responds better to sound, and someone should see what he is studying.
Assignment of Information
Among the types of information of limited and unlimited access, the following can be distinguished:
- Bulk. As a rule, we are talking about ordinary data and concepts that are accepted in society.
- Secret The data is owned by a narrow circle of people, information is transmitted through secure channels.
- Special. This is a specific set of concepts using which transmit information. Typically, most people do not understand what is at stake, but a certain social group understands everything.
- Personal. Data about a person that determines the social status and types of interactions with society.
What is the information
Before talking about the protection of information of limited access, we will explain all the incomprehensible points that will come in handy throughout the article.
So, the information may be relevant, that is, answer a certain time. As a rule, over time, this kind of information is no longer interesting to anyone.
Reliable information is called the one that is obtained in accuracy. If the data is full of inaccuracies, then the reliable information is no longer.
In essence, there is nothing to say about understandable information. The person to whom the information is intended should understand what it is about.
Useful information is called one that is useful to a particular subject. Simply put, he can take full advantage of the data.
Full information - this is information that has been transmitted in the right amount to understand something or make a decision.
Signs of Information
Of course, the protection of restricted access information is very important, but how to determine whether it is in front of you? You need to know the signs of information, and they are as follows:
- First of all, this is knowledge about the world that reflects the situation.
- Information can be any and about anything, whether it is processes in the world or any phenomena. Information can affect both past and future, as well as the present. In other words, the information is universal.
- Many people can have information at the same time, because when you use the information, it is not destroyed.
- Data can be copied, translated into different forms of expression and in a different language. It is important that this does not damage the information.
- Information can be both false and true. The former cause certain legal consequences.
- Information may be known to a wide range of individuals, or may be unknown.
- There is also a social value.
- Information can be exchanged for money, but on condition that it is significant. But the law prohibits the exchange of non-property information for money.
Types of Limited Information
We have already examined the concept of information of limited access, it is time to move on to its classification.
Limited access information can be divided into two types: one that is a state secret, and one that cannot be disclosed because of the adopted laws.
Consider in detail each view.
State secret
The concept of restricted access information has already been stated above, but we have not yet managed to make out the concept of state secrets. First of all, we will determine what degrees of secrecy exist.
Information of this kind is divided into secret, especially important and completely secret. The law “On State Secret”, which was adopted in 1993, regulates this issue. Article 5 explains what information is considered a state secret. The following groups are distinguished:
- Information in the field of economics, technology and science.
- Data affecting the military field.
- Information on foreign economy and politics.
- Data on intelligence, operational intelligence, counterintelligence activities. A state secret is all information on countering terrorism.
Confidential information
According to the Federal Law, information of limited access, which is called confidential, is not allowed to be distributed in accordance with the legislation of our country.
In 1997, a presidential decree “On Approving the List of Confidential Information” was adopted, which clarified that it relates to confidential information.
So, according to the law “On the Protection of Limited Access Information” and the above document, confidential information is:
- Information about events and facts, as well as the circumstances of a person’s private life, which allows him to identify the personality of the latter. An exception is data that is disseminated in the media according to the laws of the Russian Federation.
- Information that constitutes the secret of legal proceedings and investigations. This also includes data on persons who are under state protection and methods of this protection. The basis for this is the law “On state protection of witnesses, victims and other participants in criminal proceedings”.
- Service information with limited access. As a rule, its state bodies restrict it, being guided by the legislation of our country. Information of this kind is called official secrets.
- Information related to professional activities. Restriction of distribution are the laws of our country, mainly the constitution. What information is restricted? To medical, lawyer, notarial secrecy, secrecy of telephone conversations, correspondence, telegraph messages and mail.
- Information that affects business activities. It is called trade secret.
- Information about an invention, industrial design or utility model prior to official publication.
It often happens that the same information refers to several types of secrets, so it is sometimes difficult to determine its affiliation. Some information is limited access information and is reflected in the laws, while others are not spelled out anywhere. Let's look at the most popular.
Types of secrets reflected in laws
If everything is clear with limited access to state secret information, then confidential information requires clarification. We will analyze the most famous types of secrets, which are reflected in Russian legislation.
Let's start with trade secrets. The concept has been heard for quite some time, which means it's time to specify the term. This includes technical, industrial, economic, intellectual information that has commercial value, as it is unknown to outsiders. Third parties cannot access information, because the owner has introduced a trade secret regime.
When we talk about the secrecy of bank deposits, we mean information about customer deposits, their spending, accounts. Secret also works with correspondents of banking organizations. Documents limited access information is regulated:
- Federal Law "On Banks and Banking".
- The customs code of our country.
- Civil Code.
- Federal Law “On the Restructuring of Credit Organizations”.
Official confidentiality is understood as information that public authorities have restricted access to in accordance with the Civil Code and some federal laws.
The secrecy of credit history is also indicated in the laws. We are talking about information characterizing the fulfillment by the borrower of his obligations under the loan agreement. Information is stored in the credit bureau.
The processing of information of limited access takes place in a special way, including the information related to insurance secrets. The term refers to information about the insured, beneficiary, insured person. This secret also includes information on the property status of the parties and the state of health.
Everyone heard about the secret of the will, because this is also confidential information. It is impossible to disclose the content of the document, the effective date, cancellation options, etc.
Taxpayers are also protected, more precisely, information about them that fell into the state extra-budgetary fund, customs authority, and internal affairs body. There are exceptions to the rule that are prescribed in the Tax Code.
What is meant by the secret of adoption? Participants in the adoption process, whether judges or public servants, are required to keep the secret of the adoption of the baby. This moment is spelled out in the Family Code of our country.
Medical confidentiality is the most famous of all, but, unfortunately, it is rarely observed. Doctors should not talk about mental disorders of a person, seeking help, treatment in highly specialized institutions. It turns out that doctors are strictly forbidden to discuss the mental state of a person. About the same essence and medical secrets, with the only difference being that we are talking about all diseases, diagnoses and more. This is especially true for implantation of the embryo and artificial insemination, the identity of the donor must also be kept secret. You can not extend to the topic of examinations of a person who marries.
On the territory of our country, the secrecy of telephone conversations, correspondence, telegraph messages and mail is guaranteed. These points are spelled out in laws that apply to postal and telecommunications.
Audit secrecy is equally important. All information and documents that were received in the audit organization or by an independent auditor, as well as the contracts drawn up by them, are not subject to publicity.
If a preliminary investigation is conducted, its results must be kept confidential. Only after the prosecutor permits to release the information or is the investigator, investigator doing this, can you tell something. But the information will also be viewed by authorized persons, and allowed to tell only what does not harm the investigation and does not affect its results. In addition, the private life of participants in legal proceedings cannot be made public.
Any information that the principal told his lawyer is not subject to disclosure. Notaries have similar situation. Only a court can release a specialist from such an obligation, but only if a criminal case is instituted against him. The officials of the notarial chambers are also required to keep secret.
There is no need to explain the secret of confession. Even in court, the clergyman may not reveal the secret of confession, and there will be nothing for him.
As we recall, the signs of restricted access information are very extensive. If you are an adult citizen, you already guess that there is a secret of voting. By law, the counting of ballots must be conducted in such a way that secrecy is respected.
Information about security measures applied to the jury, judge and other persons who are involved in the process cannot be disclosed.
The journalistic secret has been known for a long time and lies in the fact that the editorial office should not disseminate information that a citizen provided on the condition of keeping it secret from the public. A journalist cannot name the source of his information, except at the request of the court. The editors are not entitled to publish information that indicates a minor, it does not matter, directly or indirectly. We are talking about situations where a minor is suspected or guilty of an offense. A journalist can publish materials only with the consent of a child under the age of eighteen. This moment is spelled out in the federal law "On the media." Working with restricted access information is quite complicated, so you need to know the regulatory framework well.
The mystery of religion is also spelled out in Russian law. Any information related to the rejection of religion, attitude to it, confession, non-participation or participation in worship and other religious rituals shall not be made public.
It is necessary to keep secret information about the military personnel of internal troops. The locations of military units, information on military personnel who suppressed the activities of armed criminals or illegally armed groups, and information on family members of military personnel cannot be disseminated.
Among the types of restricted information there is a fingerprint secret. What is it about? Even a child knows that the fingerprints of each person are unique, and so it is forbidden to divulge information about the structural features of papillary patterns on the fingers and about the person who underwent fingerprinting.
As you can see, the limited access information system is great, and many of the existing secrets repeat each other or are no longer in demand. In any case, before you begin to engage in any activity, you need to study this issue.
Conclusion
Today we examined a rather complex topic, which plays a huge role in society. Unfortunately, not all people understand what they are talking about and follow the rules. Most do not attach importance to any secrets, and they are not punished.
In fact, it is difficult to prove involvement in the disclosure, especially if there is no direct evidence. But such people continue to work in their places.
We all heard about high-profile cases of doctors, including non-observance of medical or medical secrets, which ended in nothing. We all remember the Soviet slogan “Chatterbox is a find for a spy,” but we do not take it seriously, but in vain. It is not so scary, albeit punishable, when a person tells some insignificant confidential information. It is much worse if it is a state secret.
It turns out that in our world you can’t trust anyone, but this is not so. There have always been and will be decent people and not so, scoundrels and honest workers. This does not even touch upon the question of faith, but the question of the internal principles of each person. Alas, it will not be possible to recognize a person on the shore, such moments are found out only in extreme situations. What then to do? Do not judge anyone and look after yourself and your own moral principles.