home › Firmware › The relationship between the concepts open data and publicly available information. Obtaining information from the Unified State Register: public and limited access. Types of secrets in Russian legislation

The relationship between the concepts open data and publicly available information. Obtaining information from the Unified State Register: public and limited access. Types of secrets in Russian legislation

Information located in the Unified State Register of Rights is publicly available (with the exception of certain information). It is provided upon request from individuals and legal entities, as well as government agencies. Receipt of information from the Unified State Register is issued in the form of an extract, which can be issued both in paper and electronic form.

Public information

To obtain information from the Unified State Register, you must submit a request in the manner established by Order of the Ministry of Economic Development of the Russian Federation No. 180 dated May 14, 2010.

Any person who has submitted a request in the prescribed manner can obtain publicly available information from the Unified State Register. This group includes data on legally registered rights to real estate and their transfer. See what an extract from the Unified State Register looks like. The standard statement displays the following information:

description of the object (name, address, purpose, number of storeys of the building, floor);
registered right to real estate (full name of the owner, type of right, date of registration);
presence of encumbrances;
existence at the time of registration of the extract of legal claims of third parties;
Full name of the applicant.

In the video, see why you need to order an extract from the Unified State Register and obtain information about real estate before purchasing it

An extract with information about the land plot on which the construction of the facility is taking place and which is the subject of a shared participation agreement also contains information about the mortgage and participants in shared construction.

The government agency may provide an extended extract that contains Additional information about all previous owners of the property, indicating the date of transfer of ownership.

Restricted information

Certain information may only be provided to a certain group of people. This information includes:

on the contents of documents that confirm ownership (except for information on the presence or absence of encumbrances);
general information about the ownership of real estate by individuals (including previous rights);
the fact that a person who has ownership of real estate is recognized as fully or partially incompetent.

Information of this nature may be provided:

Extended information

To make a payment, you need to top up your account, the status of which is displayed in the “My Accounts” tab. personal account user. The account is replenished in the Rosreestr IR service. To do this, payment is made using a code that will be sent to the applicant’s email. The same notification will contain information about banks where you can make payments.

The table below provides information on the cost in rubles for obtaining information from the Unified State Register.

According to Article 8 of the Federal Law of the Russian Federation “On state registration of rights to real estate and transactions with it,” information is provided free of charge to:

judicial and law enforcement agencies when the data relates to a case in their proceedings;
state authorities and local self-government;
tax authorities;
statistical authorities;
bodies that control the use of land and other natural resources;
organizations specified in other laws of the Russian Federation.

Thus, any individual or legal entity can access publicly available information after registering the keys and paying for the services of Rosreestr.

You can ask questions about the requested information from the Unified State Register in the comments to the article

The most adequate (in my opinion) classification of information by type of access is shown in the diagram below. It fully complies with Russian legislation, but there are many nuances...

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Federal Law of the Russian Federation dated July 27, 2006 N 149-FZ “On information, information technologies and information protection” defines the division of information (depending on the category of access to it) into publicly available information and information to which access is limited by federal laws (Art. .5).

In the same article, information is classified according to the method of distribution. What is important here is the isolation of information that, in accordance with federal laws, is subject to provision or distribution. Those. It is illegal to restrict access to this information. What information are we talking about:

Information to which access cannot be restricted

The list of information, access to which cannot be limited, is specified in Article 10 of the same Federal Law of the Russian Federation dated July 27, 2006 N 149 “On information...”:

regulatory legal acts affecting the rights, freedoms and responsibilities of humans and citizens, as well as establishing the legal status of organizations and the powers of state bodies and local governments;
information on the state of the environment;
information on the activities of state bodies and local self-government bodies, as well as on the use of budget funds (except for information constituting state or official secrets);
information accumulated in open collections of libraries, museums and archives, as well as in state, municipal and other information systems ah, created or intended to provide citizens (individuals) and organizations with such information;
other information, the inadmissibility of restricting access to which is established by federal laws.

This “other information” is established in federal laws relating to certain specific areas of activity, for example, in the laws on charitable activities and non-profit organizations or in the laws on joint stock companies (example for joint stock companies).

State secret

Regulation of issues related to this type of secrets is entrusted to the Law of the Russian Federation of July 21, 1993 N 5485-I “On State Secrets”. The list of information constituting state secrets is defined in Article 5, where they are grouped in the following areas:

military information
information in the field of economics, science and technology
information in the field of foreign policy and economics
information in the field of intelligence, counterintelligence and operational-search activities, as well as in the field of countering terrorism

Confidential information

The list of confidential information was published in Decree of the President of the Russian Federation of March 6, 1997 N 188 “On approval of the list of confidential information.” The types of confidential information according to this decree include:

Information about facts, events and circumstances of a citizen’s private life, allowing his personality to be identified ( Personal Information), with the exception of information subject to dissemination in the media in cases established by federal laws.
Information constituting secrecy of investigation and legal proceedings, as well as information about protected persons and measures of state protection carried out in accordance with Federal Law of August 20, 2004 N 119-FZ “On state protection of victims, witnesses and other participants in criminal proceedings” and other regulatory legal acts Russian Federation.
Official information, access to which is limited by government authorities in accordance with the Civil Code of the Russian Federation and federal laws ( official secret).
Information related to professional activities, access to which is limited in accordance with the Constitution of the Russian Federation and federal laws (medical, notarial, attorney-client confidentiality, confidentiality of correspondence, telephone conversations, postal items, telegraphic or other messages, and so on).
Information related to commercial activities, access to which is limited in accordance with the Civil Code of the Russian Federation and federal laws ( trade secret).
Information about the essence of the invention, utility model or industrial design before the official publication of information about them.

In fact, often the same information can belong to different categories of secrets. For example, information that constitutes medical confidentiality is probably someone’s personal data. Some types of secrets defined in the federal laws of the Russian Federation will be described below.

Types of secrets in Russian legislation

trade secret

Information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity in the scientific and technical field, as well as information about methods of carrying out professional activities that have actual or potential commercial value due to their unknownness to third parties , to which third parties do not have free access legally and in respect of which the owner of such information has introduced a trade secret regime.

N 98-FZ "On trade secrets"

Banking secrecy (secrecy of bank deposits)

Information about transactions, accounts and deposits of its clients and correspondents, as well as other information established by the credit institution

Official secret

Official information, access to which is limited by government authorities in accordance with the Civil Code of the Russian Federation and federal laws

Presidential Decree of March 6, 1997 No. 188
139 Civil Code of the Russian Federation
Federal Law "On the Fundamentals of the Civil Service of the Russian Federation"
Decree of the Government of the Russian Federation of November 3, 1994. No. 1233

The secret of credit history

Information that characterizes the borrower’s fulfillment of its obligations under loan (credit) agreements and is stored in the credit history bureau

The Mystery of Insurance

Information about the policyholder, the insured person and the beneficiary, their state of health, as well as the property status of these persons

946 Civil Code of the Russian Federation

Secret of the will

Information concerning the contents of the will, its execution, modification or cancellation

1123 Civil Code of the Russian Federation

Tax secret

Any information about the taxpayer received by the tax authority, internal affairs authorities, the body of the state extra-budgetary fund and the customs authority (with a number of exceptions)

146-FZ "Tax Code of the Russian Federation"

The secret of child adoption

Judges who made a decision on the adoption of a child, or officials who carried out state registration of adoption, as well as persons otherwise aware of adoption, are obliged to keep the secret of the adoption of a child.

223-FZ Family Code R

Medical secrecy

Information about whether the citizen has a mental disorder, the facts of seeking psychiatric help and treatment in an institution providing such assistance, as well as other information about the state of mental health

117-FZ "On psychiatric care and guarantees of citizens' rights during its provision"

Medical mystery

Information about the fact of seeking medical help, the citizen’s state of health, diagnosis of the disease, other information obtained during the examination and treatment of the citizen, as well as information about artificial insemination and embryo implantation, as well as the identity of the donor. Results of examination of the person entering into marriage.

Fundamentals of the legislation of the Russian Federation for the protection of the health of citizens
223-FZ Family Code of the Russian Federation

Privacy of correspondence, telephone conversations, postal, telegraph or other messages

On the territory of the Russian Federation, the secrecy of correspondence, telephone conversations, postal items, telegraphic and other messages transmitted over telecommunication networks and postal networks is guaranteed.

176-FZ "On Postal Services"
126-FZ "On Communications"
Code of Criminal Procedure of the Russian Federation

Secret of private life (personal secret)

The right to privacy means the opportunity granted to a person and guaranteed by the state to control information about himself, to prevent the disclosure of personal, intimate information.

Constitution of the Russian Federation
150 Civil Code of the Russian Federation

Auditor confidentiality

Any information and documents received and (or) compiled by the audit organization and its employees, as well as by the individual auditor and employees with whom they have concluded employment contracts, when providing services (with a number of exceptions)

307-FZ "On auditing activities"

Secrecy of legal proceedings (secrecy of investigation and legal proceedings)

Preliminary investigation data is not subject to disclosure... can be made public only with the permission of the prosecutor, investigator, inquirer and only to the extent that they consider it acceptable, if the disclosure does not contradict the interests of the preliminary investigation and is not associated with a violation of the rights and legitimate interests of the participants criminal proceedings. Disclosure of data on the private life of participants in criminal proceedings without their consent is not permitted

241 Code of Criminal Procedure of the Russian Federation
10 Code of Civil Procedure of the Russian Federation
11 APKRF
166 Code of Criminal Procedure of the Russian Federation
Presidential Decree dated March 6, 1997 No. 188

Attorney-client privilege (secret of judicial representation)

Any information related to the provision of legal assistance by a lawyer to his client

63-FZ "On advocacy and advocacy in the Russian Federation"

The secret of notarial acts (notarial secret)

A notary is obliged to keep secret information that has become known to him in connection with his professional activities. The court may release the notary from this duty of secrecy if a criminal case has been brought against him in connection with the commission of a notarial act. Since notaries provide information about their notarial acts to notarial chambers, officials of these chambers are also required to maintain notarial secrecy.

Fundamentals of the legislation of the Russian Federation on notaries

Secret of Confession

A clergyman cannot be held accountable for refusing to testify on circumstances that became known to him from confession.

Secrecy of voting

The counting of ballot papers is carried out in such a way that the secrecy of voting is not violated.

51-FZ "On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation"
19-FZ "On the elections of the President of the Russian Federation"
67-FZ "On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation"

Confidentiality of information about security measures in relation to an official of a law enforcement or regulatory agency

Disclosure of information about security measures applied in relation to a judge, juror or other person involved in the administration of justice, bailiff, bailiff, victim, witness, other participants in criminal proceedings, as well as in relation to their relatives, if this act was committed by a person to whom this information was entrusted or became known in connection with his official activities

311 of the Criminal Code of the Russian Federation

Journalistic (editorial) confidentiality

The editors do not have the right to disclose in disseminated messages and materials information provided by a citizen under the condition of keeping them secret. The editors are obliged to keep the source of information secret and do not have the right to name the person who provided the information under the condition of non-disclosure of his name, except for the case when the corresponding requirement was received from the court in connection with a case pending before it. The editors do not have the right to disclose in disseminated messages and materials information that directly or indirectly indicates the identity of a minor who has committed a crime or is suspected of committing one, or who has committed an administrative offense or an antisocial act, without the consent of the minor himself and his legal representative.

2124-1-FZ "On the Mass Media"

Secret of religion

Information about attitudes towards religion, about professing or refusing to profess religion, about participation or non-participation in divine services, other religious rites and ceremonies, about activities in religious associations, about teaching religion

125-FZ "On freedom of conscience and religious associations"

The secret of information about military personnel of the internal troops of the Ministry of Internal Affairs

Information about the places of deployment or redeployment of formations and military units of the internal troops, as well as information about the military personnel of the internal troops who took part in suppressing the activities of armed criminals, illegal armed groups and other organized criminal groups, as well as information about their family members

27-FZ "On the internal troops of the Ministry of Internal Affairs of the Russian Federation"

Other types of secrets

In general, Lukatsky found as many as 65 types of secrets in our legislation. The problem is that some of them mean the same concept, some are special cases of others (or overlap), and others are completely rudimentary...

The legislator in the Federal Law “On Information, Information Technologies and Information Protection,” depending on the access criterion, divides information into publicly available and access limited by federal laws. Let's look at these two legal regimes.

Public information

Information may be the object of public, civil and other legal relations.

Public information includes:

1) freely disseminated information;
2) information provided by agreement of persons participating in information relations;
3) information that, in accordance with federal laws, is subject to provision or distribution. Thus, publicly available information includes generally known information and other information, access to which is not limited (mass media and public domain regime). This also includes information that constitutes public interest, i.e. interests of any person(s) related to ensuring the well-being, stability, security and sustainable development of society.

Public information can be used by citizens at their discretion, subject to the restrictions established by federal laws regarding the dissemination of this information.

The owner of information that has become publicly available by his decision has the right to demand from persons distributing this information, indicate yourself as the source of such information (Article 7 of the Federal Law “On Information, Information Technologies and Information Protection”).

Access cannot be restricted:

1) to normative legal acts that are subject to mandatory publication;
2) information about the state of the environment;
3) information on the activities of state bodies and local self-government bodies, as well as on the use of budget funds (except for information constituting state or official secrets);
4) information accumulated in open collections of libraries, museums and archives, as well as in state, municipal and other information systems created or intended to provide citizens and organizations with such information;
5) other information, the inadmissibility of restricting access to which is established by federal laws.

In addition, Art. 49 of the Model Information Code

of the CIS member countries, adopted in St. Petersburg on April 3, 2008, includes in this list information about emergency situations (incidents, catastrophes, natural disasters) that threaten the safety and health of citizens, their official forecasts; facts of violation of human and civil rights and freedoms, as well as the rights and legitimate interests of legal entities; state of the fight against crime, etc.

State bodies and local government bodies provide access to information about their activities in Russian and the state language of the corresponding republic within the Russian Federation. A person wishing to gain access to such information is not required to justify the need to obtain it.

Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access to information can be appealed to a higher body or higher official or to the court.

If, as a result of an unlawful refusal of access to information, its untimely provision, or the provision of information that is knowingly unreliable or inconsistent with the content of the request, losses were caused, such losses are subject to compensation in accordance with civil law.

By general rule the citizen is provided with free information about the activities of state bodies and local self-government bodies posted by these bodies in information and telecommunication networks; affecting the rights and obligations of the interested party established by the legislation of the Russian Federation; other information established by law.