The concept of "confidential information" is very common in legal practice. What does it mean, and what types of confidential information are there? Consider this further.
General concept
Before considering what types of confidential information exist, it is necessary to understand in detail the general features of the concept itself.
So, speaking in a very simple language, the category of confidential information includes all those documented information that is stored in a particular enterprise or organization of any form of ownership, the distribution of which is undesirable for the person himself. This is due to the fact that such information, as a rule, is data regarding certain features of the company or firm, the disclosure of which may harm its owner.
Speaking in legal terms, the first articles of the Law "On Information" state that the concept in question implies documented information,access to which is protected from comprehensive interference by the current legislation of Russia.
Legislative regulation
The concept of confidential information, its types and characteristics are enshrined in certain regulations that are currently in force in Russia. Which ones are among them?
The main role in defining such a concept is played by the Law "On Information", which fixes the concept itself both in general and in a narrow sense. As for the types of confidential information under the laws of the Russian Federation, their complete list is presented in detail in the provisions prescribed in Presidential Decree No. 188.
Among other things, confidential information can be information about a specific person - such data is called personal data. This concept is regulated on the basis of the articles of the Law "On Personal Data".
Ensuring the safety of confidential information obtained as a result of conducting activities of a certain nature in Russia takes place on the basis of acts of industry legislation. In particular, these include the laws "On Notaries", On Advocacy", "On Medical Secrecy", etc.
In addition to all this, special attention should be paid to the safety of information, which is a secret of the enterprise. These provisions are perfectly regulated by the Law "On Trade Secrets".
Methodsregulation of confidential information
In order to ensure the proper safety of information constituting confidential information, the legislator has provided a certain list of measures and methods that allow you to do this.
So, the legislator notes that in order to ensure the safety of confidential information, it is necessary to clearly define what data is suitable for their number. For this purpose, it is envisaged to establish the very concept of "confidential information", its types, as well as a certain list of information that may constitute it.
In addition, to ensure the safety of information constituting a secret, the legislator provides for a certain procedure for issuing facts classified in this category, as well as certain prohibitions on actions, the presence of which may lead to a violation of the established security regime for information assigned to the group secret.
Views
As for the main types of confidential information, in practice you can meet a small number of them. All of them are listed in the content of Presidential Decree No. 188, which was issued in 1997.
The contents of the mentioned document identifies six types of valuable confidential information that lawyers constantly encounter when protecting the rights of certain individuals. So, let's look at each type of information of this type in more detail.
Personal Data
In short, the type of sensitive information that representsis personal data, implies under its concept a certain range of data that relate directly to a specific person, referred to in legal practice as the subject of personal data. What information pertains to this data group? First of all, they mean personal information - last name, first name, and patronymic. In addition, among the information constituting personal information, the legislator determines the address at which the person is registered or resides, place of birth and date, place of actual stay at a certain moment. The list of data constituting confidential information also includes information contained in documents proving the identity of a person (date and place of issue, series, number, etc.)
Among other things, to the list of information constituting personal data, the legislator also defines the information that is known to the employees of the registry office as a result of their professional duties.
The legislator determines the special principles for processing data that constitute personal information. Of course, all of them must be properly observed. Practice shows that this is exactly what allows you to accurately ensure the safety of data.
Working with this type of confidential information in Russian law provides for compliance with all the purposes for which the processing of the information provided by the person is carried out, with those that were declared as those for which the data was requested. In addition, theirthe volume must fully correspond to that which is necessary to achieve the stated goal.
The legislator provides that all data that was assigned to the group of information constituting personal information must be exclusively reliable. As for the authorities and specialists who process them, they should not use the information that is not needed to achieve the goal.
As for the process of storing data, it should be carried out only in such a way that, based on the information provided, it was possible to determine their owner. If we talk about the terms during which the process of storing this type of confidential information from the classification considered in this article should be carried out, then it should not exceed the time that is necessary to achieve the goal. After the allotted period, all data must be destroyed in the prescribed manner. The same should be done when there is no need to use information.
Processing of personal data
There are certain rules for the processing of personal data that must be taken into account in the process of working with them. Thus, this process is carried out exclusively in accordance with all the requirements that are presented in the articles of the Federal Law "On Information". In accordance with the provisions prescribed therein, data processing can be carried out exclusively by the operator and only with the consent of the person himself.
BIn certain cases, this consent is not required. In particular, this applies to the moment when the processing of personal data is carried out to obtain statistical data or to study, confirm scientific statements. In some cases, this is required in order to protect the life and he alth of people, as well as some other interests classified as vital. In the event that a journalist is engaged in the exercise of his professional activities, then when the fact of obtaining information by him will not cause significant damage to the person who owns the data, he can also use the information in his work.
In legal practice, situations often occur when the use of personal data of a person without his consent is carried out in order to ensure compliance with the requirements prescribed by the contract, the execution of its provisions. However, this is only possible if one of its parties is a business entity.
Trade secret
This is a special kind of confidential information. The legal method of its protection and storage also differs in its specific features. What are they?
First of all, it should be understood that a trade secret is information that represents the features of the production of goods, as well as doing business, upon disclosure of which an enterprise or organization will simply cease to receive income.
It should also be understood that along with commercial secrets in legal practice, there is also an official one. This concept can only be used in certain public services. It is classified information protected by law in a special manner. As for its content, it, as a rule, concerns the features of public service, which are hidden from public view and have a regime of closed or limited access.
The main provisions relating to commercial and official secrets are governed by the norms prescribed in the articles of the Laws "On Commercial Secrets" and "On Official Secrets".
For disclosure by persons who are carriers of information constituting an official or commercial secret of the information entrusted to them, they may be subject to liability of various types: criminal, civil, administrative, and also disciplinary, which is especially often used at various enterprises.
Documented information resources
This is one of the main types of confidential information that is very often used by both legal entities and individuals. It has a special mode of ensuring the safety of the submitted data, and its design is presented in a special form.
Thus, information of a certain nature is recognized as a documented information resource, which is recorded on a material-type carrier indicating individual details, a list of which is presented separately for each version of the document in the legislation.
As for the type of carrier of confidential information, as a rule,paper is used. All fixation of information on the media must be carried out in strict accordance with the requirements specified in the document. Ownership rights can be established on these material media, which is carried out in accordance with the norms of civil law.
Professional and investigative secrecy
In Russia, as in other countries, there is a certain list of professions, which, due to their characteristics, provide for the processing of certain data by individuals, which constitute information prohibited for disclosure. These groups of persons primarily include lawyers, notaries, specialists in the field of medicine, etc. Access to data obtained by them in the course of their work duties is limited on the basis of the provisions presented in separate regulations, as well as in the Constitution of the state. So, for example, due to the peculiarities of its activities, the notary knows about the peculiarities of concluding any transactions, as well as about their content. However, a person who is engaged in the implementation of notarial activities cannot in any way disclose the information received by him to third parties.
What types of valuable confidential information are included in this group? First of all, the legislator determines such information that is available in personal correspondence, telephone conversations, letters and other shipments that are made through post offices, telegraphs, as well as other messages taken from other sources. ATIn this case, only the user of postal or, for example, telegraph services has the right to consent to the disclosure of data constituting the secret of correspondence. In fact, there are certain types of confidential information in the school, which the employees of the institution are obliged to ensure the safety of. These may include data presented in medical records, information about the fact of adoption or adoption, about the security of the school building, which means its anti-terrorist security, etc.
Special attention should be paid to another concept that exists in legal practice - such as an investigative secret. Information that was obtained in the course of investigations, as well as the conduct of operational activities, is also not subject to disclosure, in particular, by persons who have direct or indirect access to them. Another type of legally protected information is the secrecy of legal proceedings. All employees of the court apparatus, and, in particular, those who are directly related to the consideration of the case, are obliged to ensure the proper preservation of information referred to this group. In the event that a person violates the established regime, as a result of which secret information is leaked, he may be liable - disciplinary or criminal, depending on how serious the consequences of the act were and what form of guilt the committed act has.
Information about the essence of the invention
The legislator pays special attention to the issuerelated to ensuring the safety of information that constitutes the essence of inventions or any utility models. The safety of information must be protected until the moment when it is officially announced, and information about the objects is published.
How exactly are the presented objects protected? All measures taken by the state for this are prescribed by the articles of the Civil Code, part 4.
This concept and type of confidential information provides for a special nature of its protection. In particular, it can be presented in a jurisdictional form, which is produced with the participation of specialized state bodies, as well as the creation of a patent for this particular invention.
Often, the protection of new inventions is carried out in civil law form. Experts in the field of jurisprudence note that it is applied, as a rule, in the case when the licensee knowingly or accidentally violates the rights prescribed in the contract and deliberately evades the obligations stipulated by its content. As a rule, as a result of this form of protection, the injured party receives a compensation payment, the amount of which is equal to the amount of losses incurred.
In addition to the above forms of protection of this type of confidential information, there is also an administrative procedure. It provides for a written appeal by the party whose legitimate interests have been infringed to a special body - the Chamber of the Patent Office, which belongs to the group of appellate bodies. Legislatorprovides for a rather long process of consideration of the submitted application, which can last up to 4 months. Based on the results of the procedure, as a rule, the body makes its decision in favor of the injured party. In fact, this practice is especially popular among holders of a patent that is being declared invalid.
Protection of classified information
Types of confidential information and their protection are prescribed in the provisions of various laws, among which there are a considerable number of sectoral ones. As for the protection of information, it provides for a set of certain measures that create obstacles to access to data. These may include the need to store documents containing classified information in special safes, transfer electronic data over a local network, limit the list of persons to data, etc.
In addition to all this, in case of violation of the established requirements, the guilty person must be punished in proportion to the damage caused to him.
