Public information on the Internet. (what it is?)

Hello!

I suspect that the answer lies in paragraph 4, section 7 of the law on information.

You are right to suspect.

Article 7. Public information

1. Publicly available information includes well-known information and other information, access to which is not limited.
2. Publicly available information may be used by any persons at their discretion, subject to the restrictions established by federal laws regarding the dissemination of such information.
3. The owner of information that has become publicly available by his decision has the right to demand that persons distributing such information indicate themselves as the source of such information.
4. Information posted by its owners on the Internet in a format that allows automated processing without prior modification by a person in order to reuse it, is public information posted in the form open data.

The essence of open data is not so much about providing the opportunity to get acquainted with information created by government bodies (since it is assumed that this is already provided previous generations laws), how much to ensure the possibility of its subsequent use by interested parties, through its analysis, visualization, creation of applications using it.

In accordance with Part 4 of Art. 7 of the Law, information posted by its owners on the Internet in a format that allows automated processing without prior modification by a person in order to reuse it, is publicly available information posted in the form of open data. As can be seen from this norm, information acquires the status of open data subject to several conditions:

1) such information must be posted by its owner, which is the relevant public law education, on behalf of which a decision is made to classify information as open data by the relevant state or municipal authority in the prescribed manner (Decree of the Government of the Russian Federation of July 10, 2013 N 583

2) information must be placed in a format that allows its subsequent processing without human intervention (for example: CSV, XML, JSON, ODS, etc.). This condition due to the fact that the concept of "open data" is inextricably linked with ensuring the compatibility of such data with various information systems for the purpose of their subsequent use by the different ways. In this regard, if the data is placed in the form of a scanned but not recognized document, its further use is significantly difficult, since human intervention in one form or another is necessary to convert it into a structured form, therefore, the placement of such a document will not be "open data".

The lists of information to be posted in the form of open data were approved by the Decree of the Government of the Russian Federation of July 10, 2013 N 1187-r “On Lists of information on the activities of state bodies, local governments, posted on the Internet in the form of open data”. Such information includes, in particular: the audit plan legal entities and individual entrepreneurs for the next year; the results of scheduled and unscheduled inspections conducted by the federal executive body and its territorial bodies within their powers; statistical information compiled by the federal executive body in accordance with federal plan statistical works, as well as statistical information on the results of scheduled and unscheduled inspections; registers of licenses for specific types of activities, the licensing of which is carried out by federal executive authorities.
The specific composition of the information provided for in this list is determined in accordance with the Methodological Recommendations approved by the Government Commission for Coordinating the Activities of the Open Government

Part 4 Art. 7 of the Law does not say anything about the absence of legal restrictions on the subsequent use of information in the form of open data, while most definitions of open data mention this feature of open data as a constitutive one. As an exception, it is possible to impose the obligation to indicate the source of information and (or) disseminate such information on similar conditions

Outcome: On the other hand, a systematic interpretation of the provisions of Art. 7 of the Law allows to fill this gap. Since open data act as a type of publicly available information, the provisions of Part 2 of Art. 7 of the Law, according to which each person can use such information at his own discretion. The free and free nature of the use of open data is also indicated in the Guidelines for the publication of open data.

2. Publicly available information may be used by any persons at their discretion, subject to the restrictions established by federal laws regarding the dissemination of such information.

“Commentary to the Federal Law of July 27, 2006 N 149-FZ “On Information, Information Technologies and Information Protection”

(item-by-item)
(Saveliev A.I.)
("Statute", 2015)

Public access information includes not only publicly available information provided upon request, but also such information that the owner is obliged to disseminate.

• 1. Publicly available information provided upon request includes:
  • - information about the activities of state bodies, including in the order of publicity of legal proceedings. The obligation to provide this information is enshrined in a number of laws, such as "On Administrative Procedures", "On national security”, Decree of the Government “On approval of the Rules for the reception of citizens in the central and local executive bodies of the Russian Federation”, decree of the President “On the procedure for considering citizens' appeals.” The legislation specifically stipulates the inadmissibility of manifestations of bureaucracy and red tape when considering appeals from citizens and organizations.

Publicity of open trials is enshrined in the relevant articles of the procedural codes.

• - legal information, including information about the rights, freedoms, duties of citizens and the procedure for their implementation. The official publication of such regulations is a prerequisite for their application. Accordingly, such information should be available. Moreover, any form of request is legal - both written and oral.
• - information on emergency situations, environmental, sanitary-epidemiological and other information that ensures the safety of the population. The legislation of the Russian Federation obliges the relevant authorities to protect the vital rights and interests, health and well-being of citizens of the Russian Federation. The state bodies and their press services are also entrusted with the function of informing the population about emergency situations, the environmental and sanitary-epidemiological situation in the country;
• - information about the activities of public associations and political parties. The Law of the Russian Federation "On Public Associations" establishes the right of public associations to disseminate information about their activities. The Law of the Russian Federation "On Political Parties" gives a similar right to political parties. They are also obliged to provide every citizen with the opportunity to get acquainted with documents, decisions and sources of information affecting his rights and interests;
• - information about the activities of legal entities. State bodies, public and other organizations of all forms of ownership, as well as officials are required to provide information to the media about their activities. The exception is confidential information (trade secret, banking secret, etc.);
• - other information not related to a legally protected secret should be provided to all journalists without restrictions. This means that it is illegal to refuse to provide you with information (other than as noted above).

And now let's turn to the information of free access, which its owner is obliged to distribute.

2. Publicly available information, the obligation to disseminate which is assigned to the owner.

It includes:

Information on the introduction of a state of emergency and other mandatory messages in connection with the current state of emergency in an emergency. Such information consists of information on the degree of risk and harmfulness of the activities of organizations, data on the necessary safety, consequences, measures to prevent and eliminate emergency situations. This information is open and public and must be published in the media, as well as through communication and notification systems.

Concealment, untimely submission or submission by officials of deliberately false information in the field of natural and man-made emergencies is not allowed. Such information should be provided to you upon your first request;

• - information about the fact of registration of a political party and a political public association (if the party participates in elections, the publication of the program is obligatory). A political party is a voluntary association of citizens expressing their political will through their representatives in power structures. The Law of the Russian Federation "On Political Parties" provides for mandatory state registration of a party. Obviously, any party has its own program, which reflects its political platform, strategy and tactics and is interested in its wide coverage. The Law of the Russian Federation "On Political Parties" gives parties the right to disseminate information about their activities and promote their goals and objectives, and also makes it obligatory to provide every citizen with the opportunity to get acquainted with those documents, decisions and sources of information of the party that affect his rights and interests;
• - information about the activities of OJSC, joint-stock investment funds, concerning their activities, the procedure for managing and implementing the issue. The Law of the Russian Federation "On Joint-Stock Companies" obliges joint-stock companies to publish in the media data on the annual balance sheet, income statement, information on activities in the event of the issue and placement of bonds, as well as in cases of reorganization of the OJSC. Article 41 of the Law also provides for the publication of information on share issues and the conditions for their placement;
• - information about the activities of non-profit organizations. The Law of the Russian Federation "On non-profit organizations" obliges such organizations to provide information about their activities to state statistics and tax authorities, founders and other persons in accordance with the legislation of the Republic of Kazakhstan and the constituent documents of the organization;
• - information that refutes previously disseminated information that does not correspond to reality and discredits honor, dignity and business reputation. The obligation to disseminate such information is enshrined in the articles of the Civil Code of the Russian Federation and in the Law of the Russian Federation "On the Mass Media". In cases where a publication infringes on the personal non-property rights of a citizen or legal entity, the mass media is obliged to restore the violated right of this person and publish a refutation;
• - social and cultural information. Events such as the announcement of a play or concert, the opening of an art exhibition, a public event, a holiday, festivities, subbotniks, etc., are reported by the institution that initiated them.

And now let's consider an equally important question: how and in what form to request information

Both verbal and written forms of requesting information are equally legal. The current legislation defines a request as an appeal expressing the need of citizens to receive information on issues of interest of a personal or public nature.

If you need to get operational information, you have the right to a verbal request. Unfortunately, practice shows that officials for the most part do not consider an oral request to be a legitimate form and, under various pretexts, evade an answer. Regardless of the form of the request, the official is obliged to provide you with information within their competence.

A written request can be made when it takes time to answer your questions and search for additional information:

• - the requested information state bodies and other organizations must submit no later than three days from the date of receipt of the application or give a response indicating the deadline for submission or reason for refusal;
• - to an appeal requiring additional study and verification, the answer must be given no later than one month from the date of its receipt;
• - in the event of a mass media appeal to state bodies or other organizations whose competence does not include the resolution of the issues raised, within five days this appeal must be sent to the relevant authorities, of which the mass media must be notified.

law information state secret

This is the first part of my article. "About" quoting "photos, open access and substitution of concepts, which was published in the journal "Economy and Law" No. 1/2017 and posted on Zakon.ru with the kind permission of the editors of the journal.

Link to this work will look like this: Rozhkova M.A. On the content of the concepts of "public information", "bringing to the public", "freedom of use of works permanently located in a place open to the public" [Electronic resource] // Zakon.ru. 2017. January 28.URL:

In most cases, when talking about being in " open access on the Internet», we are talking on "public information" as defined in Art. 7 of the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection” (hereinafter referred to as the Law on Information). In part 4 of Art. 7, this concept is disclosed as follows: “Information posted by its owners on the Internet in a format that allows automated processing without prior modification by a person in order to reuse it is public information posted in the form of open data.”

A. Savelyev points out in this regard: “In essence, the Law thus introduces the presumption of openness of information: any information is publicly available, except for that to which access is restricted. Classification of information as publicly available in the general view means that any person, without specifying the reasons and purposes, can receive such information and use it at their own discretion, subject to the restrictions on its dissemination established by federal law.

At the same time, it must be borne in mind that the mentioned Law is designed to regulate relations not with regard to intellectual property, but other - arising from the exercise of the right to search, receive, transfer, produce and disseminate information; application information technologies; information security(part 1, article 1). This circumstance is specifically indicated in Part 2 of Art. 1 of the Law on Information: "The provisions of this Federal Law do not apply to relations arising from the legal protection of the results of intellectual activity and equivalent means of individualization, except as provided for by this Federal Law."

Other norms are subject to application to relations regarding intellectual property - the norms of part four of the Civil Code of the Russian Federation. To indicate cases of placing works on the Internet, in particular, in subpara. 11 p. 2 art. 1270 of the Civil Code of the Russian Federation uses the concept of " communication to the public". This form of distribution of works of objects of copyright and related rights is defined in the Code as "bringing the work to the public in such a way that any person can access the work from any place and at any time of his own choice."

Within the framework of this work, there is no need to clarify whether communication to the public should be considered as part of the law to communication to the public (see Article 8 of the WIPO Copyright Treaty (Geneva, December 20, 1996; hereinafter WCT) or as independent law distribution (see Art. 8(1), Art. 12 of the WIPO Performances and Phonograms Treaty (Geneva, December 20, 1996; hereinafter referred to as the WPPT). This is due to the fact that, in any case, we are talking about the implementation " Internet rights" - the placement of a work in the public domain on the Internet, which involves two steps: first, the placement of objects "in digital form in digital environment”and, secondly, access to these objects by any of the Internet users.

Thus, bringing any work to the public on the Internet involves the "digitization" of the work (translation into digital form) and then its publication on some information resource (in social network, website, home or news page, etc.).

Cases of bringing works to the public should be distinguished from the use of works, " permanently located in a place open to the public"(Article 1276 of the Civil Code of the Russian Federation). Here we are talking about works not on the Internet, but in the real world - these are works of fine art (in particular, sculptures, paintings), works of architecture (buildings), landscape art, etc., which allow permanent public viewing and are located as as a rule, in open public places with free free admission. A striking example is the Tsaritsyno Museum-Reserve, which includes a landscape park, works of architecture, sculpture, etc.

The freedom granted by law to use works “permanently located in a place open to free access” is, in particular, the ability to photograph and distribute images of copyrighted objects (including by posting photographs in the public domain on the Internet). Such permission in the law of many countries is called panorama freedom(from him. panoramafreiheit) and is regulated by special regulations, sometimes quite strict.

For example, on October 7, 2016, the French Parliament approved the Panorama Freedom Restriction Law, which allows individuals (not organizations) to photograph buildings and sculptures located in places open to the public, but only for non-commercial use - these provisions are included in Art. L. 122-5 of the French Intellectual Property Code.

Unfortunately, Russian legislation does not disclose what should be understood by "freedom to use works permanently located in a place open to the public". However, some clarifications on this matter have already been given by the Supreme Court of the Russian Federation. For the purposes of this work, it is especially important to note that in par. 3 paragraph 13 of the Review of judicial practice in cases related to the resolution of disputes on the protection of intellectual property, approved by the Presidium of the Supreme Court of the Russian Federation on September 23, 2015, expressly states: “The Internet is not a place open to free access, within the meaning of Art. 1276 of the Civil Code of the Russian Federation.

Summarizing the above, it should be noted that it is not very successful to use the expression "is in the public domain" for legal characteristics.

If we are talking about the use of information that is publicly available on the Internet, it is advisable to designate it as public information.

If the need for legal qualification has arisen in relation to issues related to the use of intellectual property, two situations are likely.

If the work has been distributed on the Internet (it is posted on the Internet in the public domain), we are talking about making public.

If a work was photographed or otherwise reproduced in a public place open to the public with free admission (for example, in a park, on a square, etc., and sometimes indoors - in a museum, at an exhibition), then the use of works is implied permanently located in a place open to the public.

P.S. IP CLUB news feed in the field of intellectual property and Digital Law in

GOVERNMENT OF THE RUSSIAN FEDERATION

ORDER

[On lists of publicly available information posted on the information and telecommunications network "Internet" in the form of open data]

Document as amended by:
;
.
____________________________________________________________________

1. Approve the attached:

a list of publicly available information on the activities of federal state bodies, the activities of which are managed by the Government of the Russian Federation, and federal state bodies subordinate to them, posted on the information and telecommunications network "Internet" in the form of open data;

a list of publicly available information on the activities of public authorities of the constituent entities of the Russian Federation and local self-government bodies, created by these bodies or received by them in the exercise of powers in the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, transferred for implementation by the authorities state authorities of the constituent entities of the Russian Federation and local governments, posted on the information and telecommunications network "Internet" in the form of open data;

list of publicly available information containing information from information resources, registries, registers maintained by state bodies, whose activities are managed by the Government of the Russian Federation, and federal state bodies subordinate to them, posted on the information and telecommunication network "Internet" in the form of open data.
(The paragraph is additionally included by the order of the Government of the Russian Federation of March 24, 2018 N 500-r)

2. Federal executive authorities to ensure:

placement in the information and telecommunications network "Internet" of publicly available information in accordance with the list of publicly available information on the activities of federal state bodies, which are managed by the Government of the Russian Federation, and subordinate federal state bodies, placed in the information and telecommunications network "Internet" in the form of open data;

compliance with the terms of posting in the information and telecommunications network "Internet" public information about their activities in the form of open data, as well as the reliability and timeliness of updating such information.

Prime Minister
Russian Federation
D.Medvedev

List of publicly available information on the activities of federal state bodies, the management of which is carried out by the Government of the Russian Federation, and federal state bodies subordinate to them, posted on the information and telecommunication network "Internet" in the form of open data

1. Names of territorial bodies and representative offices (representatives) of the federal executive body abroad (if any).

2. Names of subordinate organizations (if any).

3. Plan for inspections of legal entities and individual entrepreneurs for the next year.

4. The results of scheduled and unscheduled inspections conducted by the federal executive body and its territorial bodies within their powers, as well as the results of inspections conducted in the federal executive body, its territorial bodies and subordinate organizations.

5. Statistical information compiled by the federal executive body in accordance with the federal plan for statistical work, as well as statistical information based on the results of scheduled and unscheduled inspections.

6. Information about vacancies in the state civil service available in the federal executive body and its territorial bodies.

7. Registers of licenses for specific types of activities, the licensing of which is carried out by federal executive authorities.

8. Other publicly available information on the activities of federal executive bodies to be posted on the information and telecommunications network "Internet" in the form of open data in accordance with federal laws, acts of the President of the Russian Federation, the Government of the Russian Federation, decisions of the Government Commission for Coordinating the Activities of the Open Government and orders of federal executive authorities (in relation to information posted by these authorities).

List of publicly available information on the activities of public authorities of the constituent entities of the Russian Federation and local self-government bodies, created by these bodies or received by them in the exercise of powers on the subjects of the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, transferred for implementation by the bodies state authorities of the constituent entities of the Russian Federation and local governments, posted on the information and telecommunications network "Internet" in the form of open data

1. Names of civil registration authorities.

2. Names of the executive authorities of the constituent entities of the Russian Federation exercising powers in the field of promoting employment of the population and the delegated authority to make social payments to citizens recognized as unemployed in the prescribed manner.

3. Names of the executive authorities of the constituent entities of the Russian Federation exercising powers in the field of state examination of project documentation, state examination of the results of engineering surveys and in the field of control over compliance by local governments with legislation on urban planning.

4. Names of the executive authorities of the constituent entities of the Russian Federation exercising powers in the field of environmental expertise.

5. Plan for conducting state environmental expertise at facilities subject to state environmental control carried out by executive authorities of the constituent entities of the Russian Federation.

6. Information on the results of the state environmental review at facilities subject to state environmental control carried out by the executive authorities of the constituent entities of the Russian Federation.

7. State Forest Register (in relation to forests located within the boundaries of the territory of the constituent entities of the Russian Federation).

8. Names of executive authorities of the constituent entities of the Russian Federation exercising powers in the field of protection and use of wildlife objects.

9. State hunting registry.

10. Names of the executive authorities of the constituent entities of the Russian Federation exercising the delegated powers of the Russian Federation in the field of education.

11. Register of licenses for educational activities issued by the executive authorities of the constituent entities of the Russian Federation exercising the delegated powers of the Russian Federation in the field of education.

12. Register of accredited educational institutions located on the territory of the constituent entities of the Russian Federation.

13. Names of the executive authorities of the constituent entities of the Russian Federation exercising the transferred powers of the Russian Federation in the field of protecting the health of citizens.

14. Register of licenses for medical activity issued by the executive authorities of the constituent entities of the Russian Federation exercising the transferred powers of the Russian Federation in the field of protecting the health of citizens.

15. Register of licenses for pharmaceutical activities issued by the executive authorities of the constituent entities of the Russian Federation exercising the delegated powers of the Russian Federation in the field of protecting the health of citizens.

16. Register of licenses for activities in the circulation of narcotic drugs, psychotropic substances and their precursors, the cultivation of narcotic plants, issued by the executive authorities of the constituent entities of the Russian Federation, exercising the delegated powers of the Russian Federation in the field of protecting the health of citizens.

16_1. Reporting information on the activities of state authorities of the constituent entities of the Russian Federation and local governments, created by these bodies or received by them in the exercise of powers in the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, transferred to the state authorities of the constituent entities of the Russian Federation or local governments for the purpose of executing decrees of the President of the Russian Federation, in accordance with the standard form, including a list of decrees requiring reporting, planned activities, target and actual performance indicators, planned and actual funding, approved by the Ministry of Economic Development of Russia.
(The paragraph is additionally included by the order of the Government of the Russian Federation of December 30, 2015 N 2757-r)

17. Other publicly available information on the activities of state authorities of the constituent entities of the Russian Federation and local self-government bodies, created by these bodies or received by them in the exercise of powers in matters of jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation, transferred for implementation by public authorities of the constituent entities of the Russian Federation or local governments, to be posted on the Internet in the form of open data in accordance with federal laws, acts of the President of the Russian Federation, the Government of the Russian Federation, decisions of the Government Commission for Coordinating the Activities of Open Government and orders of federal bodies executive power (in relation to information posted by public authorities of the constituent entities of the Russian Federation and local governments within the powers, control and supervision over the implementation of which is provided by the relevant federal executive authorities).

Note. The composition of the information provided for in this list is determined in accordance with guidelines on the placement of public information in the form of open data by state bodies and local governments on official websites in the information and telecommunication network "Internet" and technical requirements to the placement of such information, approved by the Government Commission for Coordinating the Activities of the Open Government.

A list of publicly available information containing information from information resources, registers, registers maintained by state bodies, managed by the Government of the Russian Federation, and ...

APPROVED
government order
Russian Federation
dated July 10, 2013 N 1187-r
(Extra included
government order
Russian Federation
dated March 24, 2018 N 500-r)

A list of publicly available information containing information from information resources, registers, registers maintained by state bodies, managed by the Government of the Russian Federation, and federal state bodies subordinate to them, posted on the information and telecommunication network "Internet" in the form of open data

Information disclosed Federal Service on supervision in the field of nature management:

1. Federal classification catalog of waste.

2. State Register waste disposal facilities.

3. Databank on waste and technologies for the disposal and neutralization of various types of waste.

4. Reporting information on waste generated by the enterprise.

5. Reporting information on the generation, recycling, disposal, disposal of waste (except for statistical reporting) by small and medium-sized businesses, in the course of their economic and (or) other activities, waste is generated at facilities subject to federal state environmental supervision.

6. Reporting information on the implementation of waste disposal standards from the use of goods.

7. State register of objects that have a negative impact on the environment.

8. List of permits for the use of objects of flora and fauna listed in the Red Book of the Russian Federation, as well as located in specially protected natural areas of federal significance.

9. List of permits for the extraction of objects of flora and fauna listed in the Red Book of the Russian Federation.

10. List of permits for the maintenance and breeding of objects of the animal world, listed in the Red Book of the Russian Federation, in semi-free conditions and artificially created habitat.

11. List of permits for acclimatization of new for the fauna of the Russian Federation objects of the animal world.

12. List of permits for import (export) to the Russian Federation of zoological collections.

13. List of permits for emissions of harmful pollutants into the air (except for radioactive substances).

14. Information entered in the register of areas for burial of soil excavated during dredging operations in internal sea waters and in the territorial sea of ​​the Russian Federation.

15. List of permits for the disposal of waste and other materials on the continental shelf of the Russian Federation.

16. List of permits for the resettlement of wildlife in new habitats.

17. List of decisions on approval of applications for the export of information on subsoil by regions and deposits of fuel and energy and mineral raw materials, collections and collection materials on mineralogy and paleontology, bones of fossil animals, certain types of mineral raw materials.

18. Register of licenses for the collection, transportation, processing, disposal, neutralization, disposal of waste I - IV hazard classes.

Information disclosed by the Federal Service for Hydrometeorology and Environmental Monitoring:

1. Information about natural hydrometeorological phenomena.

2. Forecasts for 1 - 3 days about the occurrence of natural hydrometeorological phenomena.

3. Forecast of temperature at the level of 850 hPa for 5 - 10 days in the northern hemisphere.

4. Forecast of the height of the isobaric surface of 500 hPa for 5 - 10 days in the northern hemisphere.

5. Forecast of pressure at sea level for 5 - 10 days in the northern hemisphere.

Fig. 6. Fields of objective analysis for the temperature at the level of 850 hPa in the northern hemisphere.

Fig. 7. Fields of objective analysis for the height of the isobaric surface of 500 hPa in the northern hemisphere.

8. Fields of objective analysis for pressure at sea level in the northern hemisphere.

9. Main meteorological parameters.

10. Hydrological information.

11. Soil temperature at depths up to 320 cm.

12. Information about the duration of sunshine.

13. Aerological information.

14. Information of hydrometeorological space monitoring.

15. Information about extremely high and high air pollution in the territory of the Russian Federation.

16. Information on the pollution of the seas of the Russian Federation.

17. Information about extremely high and high radioactive contamination on the territory of the Russian Federation.

18. Information on atmospheric air pollution at integrated background monitoring stations.

19. Information on pollution of surface water bodies as a result of transboundary transfer of chemicals.

20. Information on acidity and chemical composition of precipitation.

21. Information about extremely high and high pollution of water bodies on the territory of the Russian Federation.

22. Information about extremely high and high soil pollution on the territory of the Russian Federation.

23. Information on the state of the ozone layer over the regions of the Russian Federation.

24. Information on air pollution in the territory of the Russian Federation.

25. Information on pollution of surface waters on the territory of the Russian Federation.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"