List of information constituting confidential information
Started in a private company or a public institution, the organization, the service, faced with the need to respect privacy information made known to fulfill official duties. Let's figure out by what criteria they determine how much information constitutes a state secret, requires limited access, and constitutes a commercial secret.
What information is considered confidential
The current federal laws do not provide a clear concept of information confidentiality. Speaking about data that represents confidential information, the legislator focuses on the requirements for a person who has access to such information.
The prohibition on the disclosure of information without the consent of its owner to third parties applies to both officials and ordinary employees.
Information that is not subject to publicity, equivalent to the concepts of a secret or secret, is classified as confidential.
With the development of information technologies, the problems of maintaining the secrecy of confidential information acquire great importance.
Types of information depending on its content or owner
Information about the person concerning the organization or private life, production moments, is conditionally divided into several types:
- public, which can be distributed freely without restrictions and prohibitions;
- data that can be transferred to outsiders only by agreement of the participants in certain relationships;
- information provided upon official requests to government bodies or to an established circle of persons, in accordance with the requirements of federal laws;
- restricted data is strictly prohibited in the country.
Separately highlighted information of a confidential nature in the annex to the Decree of the President of Russia No. 188, in force with the latest amendments made on 13.07.2015.
According to the legislation of the Russian Federation, information constituting information related to the category of restricted access is combined in regulatory legal acts.
As an example, we will give only some of the types of information that are classified as classified information:
| P / p No. | Applies in due course | Parameters for determining secrecy, imposing restrictions or prohibitions on distribution | Legal basis for classifying information as secret, not subject to publicity |
| 1 |
In the military, scientific, economic, technical areas |
State secrets - information on the preservation of which the security of the country may depend or its dissemination will lead to aggravation of international relations. |
1. Law of the Russian Federation No. 5485-1 "On State Secrets"
2. The list of information classified as a state secret, approved by |
| 2 | In any area of production activity, provision of services | Trade secret as one of the opportunities for profit, successful development of production and business. For example, if information about the technologies used becomes known to competitors, the demand for the manufactured product will fall. |
1. ФЗ № 98
2. Federal Law No. 335 "On Investment Partnership" |
The nuances of using privacy mode in practice
There is a number of information that is prohibited from disseminating due to professional ethics, which is also enshrined at the legislative level.
For example, this applies to:
- advocacy, in particular on issues of information about the provision of legal assistance to the client;
- observance of the confidentiality of the deliberation room when passing a judgment;
- secrets of the will until the death of the testator only within the framework of the execution of the will of the deceased;
- preservation of medical secrecy about the fact of seeking medical care, the state of health of a citizen, identified diseases, and other information obtained from the results of the examination.
Companies can classify specific information as classified information on a separate list. As a rule, such a list and a list of officials who have access to this data are approved by the provisions of the internal use of the organization.
Responsibility for the disclosure of confidential data
If the content of documents, other information constituting state, commercial and any other secrets has become the property of the public or third parties, for the perpetrators it is fraught with:
- an administrative penalty in the form of a fine, the amount of which for citizens is 500-1000 rubles. For officials, the amount increased to 4000-5000 rubles (Article 13.14 of the Code of Administrative Offenses);
- criminal liability when it comes to disclosing information constituting a tax, banking or commercial secret - from the collection of a fine to disqualification for 3 years and serving a sentence in places of deprivation of liberty (Article 183 of the Criminal Code of the Russian Federation);
- the imposition of disciplinary sanctions up to the extreme measure - dismissal, if the employee violated the rules for maintaining the confidentiality of information that became known in the performance of official duties, including the personal data of other employees (subparagraph "c" of clause 6 of article 81 of the Labor Code);
- compensation for material losses or moral damage to the victims.
The penalty is chosen depending on the severity of the consequences that occurred after the violation of the requirements for maintaining the secrecy of data. Compensation for material damage will have to be simultaneously with any kind of prosecution for the dissemination of information or inaction that contributes to the leakage of data important to the organization.
In order to subsequently, at the level of the law, require subordinates to observe the safety of information constituting secret data, it is necessary to conclude an appropriate agreement.
A clear definition of what information is a commercial, state or other secret is important for protecting the interests of an organization.
08.12.2020
