Restricted information is… And then a stupor. Someone has heard about a medical or state secret, another knows about a trade secret or a secret of a will, but there is no general perception. Let's try to fix it. Let's start with the definition.
Concept
Restricted Information is information to which access is restricted by federal or government laws.
Restricted information is so called because the data has potential or actual value, so the owner of the information will take measures to keep it safe.
As you can see, everything is quite simple, but only at first glance. Information is divided into two types:
- Public.
- Restricted.
To understand what is at stake, we need to consider two options.
So, we figured out that restricted access information is data that cannot be used without the consent of its owner. Then public information is information that theythe wearer does not protect.
The fifth article of the law "On Information, Information Technologies and Information Protection" states that information also differs in the way it is disseminated. Some types of information cannot be restricted. What are we talking about? Let's figure it out now.
Information that must not be hidden
It has already been said above that if the owner protects some data, then this is information of limited access. But there are types of data that should never be protected. These are:
- The state of the environment.
- Regulatory legal acts that affect the freedoms, rights and obligations of a citizen and a person. This also includes those documents that establish the powers of state bodies, the legal status of organizations, the powers of local governments.
- The activities of not only government agencies, but also local governments and data that relate to the use of funds from the budget. This paragraph has an exception, namely, information that is considered a state or official secret cannot be made public.
- Open funds 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 information of this kind.
- Other information that may not be restricted by law. A striking example of such information is data on charitable organizations, joint-stock companies, non-profitorganizations.
But you should not assume that the types of restricted access information are limited to this. Consider options for classifying information.
Information classification
In addition to the fact that data is divided into those permitted to be made public by law and those to which access is restricted, there are several more types of information classification.
So, the information is false and true. According to the way of perception, data is also distinguished as:
- Audial information - perceived by ear.
- Visual - perceived with the help of visual organs.
- Olfactory - with the help of olfactory receptors, a person receives this or that information.
- Tactile - in this case, tactile receptors are involved.
- Taste - information appears when a person tastes something.
There are also different forms of representation: sound, symbol-test and graphic. Surprisingly, people perceive information differently. Some respond better to sound, while others need to see what they are learning.
Purpose of information
Among the types of information of limited and unrestricted access, the following can be distinguished:
- Mass. 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. We are talking about a specific set of concepts, using which information is conveyed. Usually most people do not understand what is being said, but a certainthe social group understands everything.
- Private. Data about a person that determines the social position and types of interactions with society.
What is the information
Before talking about the protection of restricted access information, let's clarify all the incomprehensible points that will come in handy in the course of the article.
So, information can be up-to-date, that is, correspond to a certain time. As a rule, over time, this kind of information is no longer interesting to anyone.
Reliable information is that which is received exactly. If the data is full of inaccuracies, then reliable information is no longer reliable.
In essence, there is nothing to say about understandable information. The person to whom the information is intended must understand what it is about.
Useful information is that which is useful to a certain subject. In other words, he can take full advantage of the data.
Complete information is the information that was transmitted in the right amount to understand something or make a decision.
Signs of information
Of course, protecting sensitive 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, it is knowledge about the world that reflects the situation.
- Information can be anything and anything, be it processes in the world or any phenomena. Information can affect both the past and the future, as well as the present. In other words, information is universal.
- Information can be held by many people at the same time, becauseusing information does not destroy it.
- Data can be copied, translated into different forms of expression and into different languages. It is important that this does not damage information.
- Information can be both false and true. The first cause certain legal consequences.
- Information may or may not be known to a wide range of people.
- There is also social value.
- Information can be exchanged for money, but on condition that it is essential. But it is forbidden by law to exchange non-property information for money.
Types of restricted information
We have already analyzed the concept of restricted access information, it's time to move on to its classification.
Restricted information can be divided into two types: those that constitute a state secret, and those that cannot be disclosed due to laws.
Let's look at each species in detail.
State secret
The concept of information of limited access has already been stated above, but we have not yet had time to analyze the concept of state secrets. First of all, let's determine what degrees of secrecy exist.
Information of this kind is divided into secret, especially important and top secret. This issue is regulated by the law “On State Secrets”, which was adopted back in 1993. 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 militaryarea.
- Information about foreign economics and politics.
- Data on intelligence, operational-search, counterintelligence activities. All information about countering terrorism is considered a state secret.
Confidential information
According to the Federal Law, restricted access information, which is called confidential, is unacceptable for distribution in accordance with the laws of our country.
In 1997, a presidential decree "On Approval of the List of Confidential Information" was adopted, which clarified what is classified as confidential information.
So, according to the law "On the protection of information of limited access" 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 the identity of the latter to be identified. The exception is data that is distributed in the media, in accordance with the legislation of the Russian Federation.
- Information that constitutes the secret of legal proceedings and investigation. 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 restricted access. As a rule, it is limited by state bodies, guided by the legislation of our country. Information of this kindcalled an official secret.
- Professional-related information. The restriction of distribution is the laws of our country, mainly the constitution. What information is restricted? To medical, lawyer, notary secrets, the secret of telephone conversations, correspondence, telegraph messages and postal items.
- Information that affects commercial activities. That's what it's called - a trade secret.
- Information about an invention, industrial design or utility model prior to official publication.
It often happens that the same information belongs to several types of secrets, so sometimes it is difficult to determine its belonging. Some information is information of limited access and is reflected in the laws, while others are not registered anywhere. Let's take a 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 needs to be clarified. Let's analyze the most famous types of secrets that are reflected in Russian legislation.
Let's start with a trade secret. 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 the information, because the owner has introduced a trade secret regime.
When wewe are talking about the secrecy of bank deposits, we mean information about customer deposits, their expenses, accounts. The secret also works in relation to correspondents of banking organizations. Information of restricted access is regulated by documents:
- Federal Law "On Banks and Banking Activities".
- Customs code of our country.
- Civil Code.
- Federal Law "On the Restructuring of Credit Institutions".
Official secrets are understood as the information, access to which was restricted by government agencies in accordance with the Civil Code and some federal laws.
Secret credit history is also specified in the laws. This is information that characterizes the fulfillment by the borrower of its obligations under the loan agreement. Information is stored in credit bureaus.
Restricted information is processed in a special way, including information related to insurance secrecy. The term refers to information about the insured, beneficiary, insured person. This secret also includes information about the property status of the parties and the state of he alth.
Everyone has heard about the secrecy of the will, because this is also confidential information. You can not disclose the content of the document, the dates of entry into force, options for cancellation, and so on.
Taxpayers are also protected, more precisely, information about them that fell into the state non-budgetary fund, the customs authority, the internal affairs body. There are exceptions to the rule, which are spelled out in the Tax Code.
What is meant by secret adoption? Participants in the adoption process, whether judges or government officials, are required to keep the adoption secret. This point is spelled out in the Family Code of our country.
Medical secrecy is the most famous of all, but, unfortunately, very rarely observed. Doctors should not talk about a person's mental disorders, seeking help, treatment in highly specialized institutions. It turns out that doctors are strictly forbidden to discuss the mental state of a person. The essence of a medical secret is approximately the same, with the only difference being that we are talking about all diseases, diagnoses, and so on. This is especially true for embryo implantation and artificial insemination, the identity of the donor must also remain secret. You can not expand on the topic of examinations of a person who enters into marriage.
On the territory of our country, the secrecy of telephone conversations, correspondence, telegraph messages and postal items is guaranteed. These points are spelled out in the laws that apply to postal and telecommunications.
Auditor secrecy is no less important. All information and documents that were obtained from an audit organization or an independent auditor, as well as contracts drawn up by them, are not subject to public disclosure.
If a preliminary investigation is carried out, the results must be kept secret. Only after the prosecutor allows the information to be made public, or the interrogating officer, investigator does, can something be said. But information will alsoreviewed by authorized persons, and allowed to tell only what does not harm the investigation and does not affect its results. In addition, the private lives of participants in legal proceedings cannot be made public.
Any information that the client told his lawyer is not subject to disclosure. The same is true for notaries. Only a court can release a specialist from such a duty, but only if a criminal case is initiated against him. Officials of notarial chambers are also required to maintain secrecy.
There is no need to explain about the mystery of confession. Even in court, a clergyman may not reveal the secret of confession, and nothing will happen to him for this.
As we remember, the signs of restricted access information are very extensive. If you are an adult citizen, then you already know that there is a secrecy of voting. By law, the counting of ballots must be carried out in such a way that secrecy is maintained.
You cannot disclose information about the security measures applied to the juror, judge and other persons who participate in the process.
Journalistic secrecy has been known for a long time and lies in the fact that the editorial office should not disseminate information that a citizen has 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 en titled to publish information that indicates a minor, no matter directly or indirectly. These are situations where a minor is suspected or guilty of committingcrimes. A journalist can publish materials only with the consent of a child under the age of eighteen. This point is spelled out in the federal law "On the Mass Media". Working with restricted information is quite complicated, so you need to know the regulatory framework well.
Secret of religion is also spelled out in Russian law. Any information relating to the rejection of religion, attitudes towards it, confession, non-participation or participation in worship and other religious rites are not subject to publication.
It is necessary to keep secret information about the military personnel of the internal troops. Locations of military units, information about servicemen who suppressed the activities of armed criminals or illegally armed groups, and information about members of the families of servicemen 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, so it is forbidden to disclose information about the structural features of papillary patterns on the fingers and about the person who has undergone fingerprinting.
As you can see, the system of restricted information is large, and many of the existing secrets repeat each other or are no longer in demand at all. In any case, before starting to engage in any activity, you need to study this issue.
Conclusion
Today we have de alt with a rather complex topic that plays a huge role in society. Unfortunately,not all people understand what it is about and follow the rules. Most do not attach importance to some secrets, and they are never punished.
Indeed, 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 have all heard about the high-profile cases of doctors, including non-compliance with medical or medical confidentiality, which ended in nothing. We all remember the Soviet slogan "Chatterbox is a godsend for a spy", but we do not take it seriously, but in vain. After all, it is not so scary, although punishable, when a person tells some insignificant confidential information. Much worse if it's a state secret.
It turns out that in our world you can't trust anyone, but that's not the case either. There have always been and will be decent people and not very good ones, scoundrels and honest workers. Here it is not even the question of faith that is touched upon, but the question of the internal principles of each person. Alas, it will not work 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 take care of yourself and your own moral principles.
