The role of reading in the speech development of primary schoolchildren. The role of retelling in the formation of speech activity of primary schoolchildren in literary reading lessons. "Retelling is a type of student's work, a means of developing speech on the basis of a sample"

The concept of official secrets can be found in individual government documents and regulations, as well as in the media and personal communication - it is quite widespread. However, not everyone knows what an official secret is and how its legal regulation is ensured in the Civil Code of the Russian Federation. Especially when you consider that this term is currently out of use in the legislation.

Official secrets in the Civil Code of the Russian Federation - what is it, legal regulation and standards

As already mentioned earlier, at the moment the concept and definition of official secrets is almost impossible to find in legislation - the exception is old and unedited regulations, separate internal departmental documentation and mentions in the press. Nevertheless, not every employer or employee knows about this fact, and even more so, understands what exactly can or could be an official secret, and what does not apply to it and did not apply before.

In 2018, an official secret most often means any information that must be protected from unauthorized access and disclosure. In particular, it can include both a commercial secret, which has a sufficiently deep and reliable legal regulation, and personal data, which are also protected by current legislation. In addition, there is now also a professional secret, which concerns information obtained in the course of work.

Earlier, an official secret in the Civil Code of the Russian Federation was mentioned in the provisions of Article 139 of the Civil Code of the Russian Federation, which has now lost its validity. It meant information that relates to government agencies and could get to government officials due to the performance of their direct official duties.

The definition of an official secret, valid at the moment, is contained in the provisions of the Decree of the President of the Russian Federation No. 188 of 03/06/1997, which contains a list of information considered confidential - these include official information. That is, data with limited access directly related to a state, municipal or other service.

What refers to official secrets as official information

Service information with limited access, in accordance with the legislation of the Russian Federation, includes any information to which citizens' access is limited by certain regulations. At the same time, such information includes non-secret data on the activities of organizations and services that cannot be disclosed due to the legal prohibition on disclosure of this particular data or those that were obtained in the course of professional activities.

Official secrets should be shared with classified information - the latter may include information constituting a state or military secret, but not an official one. Confidentiality is not provided for official information.

It should also be remembered that the legislation strictly regulates the right of citizens to access certain information, and therefore the following data cannot be an official secret under any circumstances:

Commercial, professional and official secrets and their differences

Since now the concept of an official secret has been practically leveled out in the current legislation, in many respects its functions have been transferred to a commercial secret. Its legal regulation is provided by the normative provisions of the Federal Law No. 98 of July 29, 2004. Under the trade secret legislation means any information obtained in the course of economic activity and having a certain value, provided that it is kept secret.

Accordingly, the following differences between official and commercial secrets can be distinguished:

Trade secrets can belong to both state organizations and private companies and ordinary citizens, while official secrets refer exclusively to state or municipal facilities.
The consequences of the disclosure of commercial secrets will always be the loss of the value of information and material damage, and the disclosure of official secrets may entail a violation of the rights of the state or individual individuals.
A trade secret must necessarily have any value, while an official secret has no practical value.

Another close concept to official secrecy is professional secrecy. At the same time, a large number of different regulatory documents are devoted to this aspect, highlighting certain types of professional secrets, which include:

Secrecy of correspondence.
Medical secrecy.
The secret of confession.
The secret of telephone conversations.
Notarial secret.
Attorney secrecy
and other types of information that may be obtained by third parties in the course of their direct professional activities, and the disclosure of which may entail damage.

At the same time, from a certain point of view, both official and professional secrets are common, since the information obtained in the course of the professional activities of civil servants is both professional and official.

Personal data is a separate object of confidential information and cannot be freely processed and, in particular, disclosed without the consent of the person who provided them. At the same time, the protection of personal data applies to any business entities and state bodies, and its legal regulation is ensured by the provisions of Federal Law No. 152 dated July 27, 2006. More details on how the personal data of employees of various enterprises is protected can be found in a separate article.

Consequences of disclosing official secrets and responsibility for such actions

The legislation provides for the possibility of bringing to justice those guilty of disclosing information constituting any secret. At the same time, this responsibility may be of a different nature and various sanctions will be provided for it. So, the disclosure of official secrets may entail:

1. The concept of a commercial secret and the procedure for classifying information as a commercial secret.

2. Measures to protect commercial secrets.

Question 1. The concept of a commercial secret and the procedure for classifying information as a commercial secret.

In the Republic of Belarus, the concept of a commercial secret is given in the Regulations on commercial secrets, approved by the Council of Ministers of the Republic of Belarus in 1992.

Commercial secret - deliberately concealed economic interests and information about various aspects of production, management, scientific and technical, financial activities of an enterprise, the protection of which is due to the interests of competition and a possible threat to the economic security of the enterprise.

Commercial secret of an enterprise - information related to the production, management, financial activities of an enterprise, the disclosure of which may harm its interests.

Information constituting a trade secret must meet the following requirements:

Have actual or potential commercial value to the enterprise;

It is not generally known or publicly available;

Must be properly marked (top secret, for official use, etc.);

Should not be a government secret and protected by copyright or patent law;

Should not relate to the negative activities of the enterprise.

The Regulation on commercial secrets defines information that cannot be classified as commercial secrets:

Constituent documents, licenses;

Information on the established reporting forms of the enterprise;

Solvency documents;

Data for checking the correctness of the payment of taxes and other obligatory payments;

Information on the number, composition of employees, their wages, working conditions

Each company has its specifics, therefore the list of information constituting a commercial secret is determined by a specially created group of experts from among economists, marketers, and merchants. Trade secrets may include:

1) Business information: financial information, technology, business plans and plans for the production of new products, enterprise strategy, customer lists, agreements and proposals, contracts and agreements, information about the business qualities of employees, etc.

2) Scientific and technical information: research projects, design developments, technical parameters of new products, patent applications, design of new products, technical capabilities of production equipment, PC software, information technology, etc.

Question 2. Measures to protect commercial secrets

There are the following channels of leakage of information about trade secrets:

A) Informal: exhibitions, seminars, conferences, presentations, mass media.

B) Formal: business meetings, negotiations, exchange of technical documentation, firm personnel, government agencies and insurance companies.

Industrial espionage, an illegal collection of information constituting a commercial secret, can cause great damage to an enterprise. The main role in the preservation of commercial secrets is played by the organizations themselves, which must carry out organizational, technical, and legal measures.

Organizational measures include :

Creation of enterprise security services.

The head of the organization approves the Regulation on the protection of commercial secrets, with which persons who have access to it must be familiarized with a personal signature. The head, by order, publishes a list of information constituting a commercial secret with the definition of the degree of secrecy: strictly secret, confidential, not subject to publicity.

Marking on documents in the right corner: "CT", "strictly confidential" or

"confidentially". Indication of the number of copies of the document and to whom they are sent

Work with personnel, on which the safety of commercial secrets depends on 80%.

The manager conducts conversations with employees upon hiring and dismissal, concludes with employees an Agreement on non-disclosure of commercial secrets, conducts instructions and training in the methods of safeguarding confidential information.

Comprehensive analysis to identify channels of information leakage, control the work of departments and individuals.

Technical measures include:

Limit visits to unauthorized persons, issuance of passes.

Installation of additional doors, constipation, alarm.

The presence of special devices that detect any eavesdropping devices.

Noise on the telephone network.

Protection of photo and copying equipment.

Protection of electronic information.

Storage of concluded agreements and contracts, other documents in a safe.

Special events include :

Provide in the text of the concluded agreements the responsibility of the parties for unauthorized disclosure of commercial secrets.

The employee should have access only to the information he needs in the job.

Development of job descriptions for specialists with responsibilities for maintaining trade secrets. Indication of confidential business information in the employment contract.

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Official secrets in the Civil Code of the Russian Federation - what is it, legal regulation and standards

What refers to official secrets as official information

Commercial, professional and official secrets and their differences

Consequences of disclosing official secrets and responsibility for such actions

Send your good work in the knowledge base is simple. Use the form below

Similar documents