-Purpose of the paper: improving the scientific and methodical base of the theory of legal regimes of information resources. Method used: conceptual and logical modelling of the legal concept and productive facet-cum-hierarchical classification of pragmatic types and kinds of classified information. Results obtained: based on the principle of heterogeneity of the concept of information and classified information, the architecture (conceptual and logical organization) is justified and the conceptual and methodical base (principles-rules of classification, methods of coding of classification elements, classification groupings) is developed for creating an efficient national classification of legal regimes of restricted access information as a regulation subject to further standardization and inclusion in the list of Russian classifications contained in the Russian Classification of Information on Russian Classifications. The place and role of the national classification of legal regimes of restricted access information in the system of Russian classifications are shown.
The information concealment in the clandestine regime as secret (having a secrecy label - the secret regime) and confidential information is now the primary way of legal protection (safeguarding) for privileged information (having a tangible, moral and any other value due to its being unknown to third parties), e.g., scientific and technical information, financial, economic, production, structural information and know how, market, patent, license etc. information, from third parties' access.
The clandestine and secret varieties number over 50 in
Russian law (taking into account international treaties). Their
common feature is that the information protection in the
clandestine regime envisages [
However, the laws are mostly codifying the private and applied approach, whereby the clandestine (secret) means the information itself that should be protected from unauthorized access and use in order to prevent harm to interests of parties to legal relations. This leads to confusion of the notions of clandestine, including secret and privileged information (new data for a recipient), and to confusion of types of clandestines and secrets.
In the modern legal science, clandestine means a special
legal regime of privileged information as a package of legal
tools that describe a combination of interrelated prohibitions,
permissions, enforcements, entitlements, incentives (privileges)
and sanctions, i.e. the legal regime of concealment and/or legal
protection of privileged information [
data on the essence of certain new industrial properties (inventions, pre-production prototypes, utility models) can be simultaneously subject to the state clandestine regime of the entity acting as the governmental R&D customer, to the business secret regime of a non-public organization (defense industry enterprises etc.) acting as R&D developer, and to official secret of a leading employee of the entity acting as R&D support customer; individual's personal data may be simultaneously subject to the personal (private) clandestine regime, tax (office) clandestine and bank (professional) clandestine;
data on the private digital signature key may be subject to the personal clandestine regime, if the digital signature keys are generated independently, and also simultaneously to the personal clandestine regime and the office (professional) clandestine regime, if the keys are generated by the public (commercial) Certification Center (Key Certification Center) etc.
An array of correlating clandestine varieties (information
and legal regimes) necessitates the substantiation of an
intelligent system intended for legal protection of privileged
information where a consistent classifier (from Latin classis
meaning "category" and facere meaning "to do") of legal
regimes for the sensitive information is the key component
serving as the streamlined list of the information and legal
regimes, each having the matching unique code. The classifier
enables to identify functional relationships among the
components, i.e. the regimes of the legal protection system for
privileged information, and among the respective legal
relations that arise, in order to discover and estimate the
pragmatic features of the information security law sub-industry
integrity [
An array of legal regimes for the restricted access
information in the classifier can be conventionally divided,
according to the well-known [
The basic and derivative clandestines as targets of information legal relations arising out of the authority and subordination, one of the parties to which is a public authority, i.e. public information legal relations, also have the public law nature. In particular, it is public and office clandestines.
However, the clandestines as targets of civil (private)
information legal relations arising out of the independence of
will, equality and proprietary independence of the parties, have
the private law nature. In particular, it is personal and family
clandestines, business, bank, insurance and testament
clandestine (which are recognized by the law-maker as civil
right items, in Articles 150, 139, 857, 946, and 1123, Russian
Civil Code, respectively). The particular feature of these
information and legal regimes is that the privileged content
itself ("new" data), subject to the legal regime of a certain
clandestine, is a special sort of intangible benefit and, as such,
can also be the target of information legal relations (besides the
regime) having the protective (rather than regulatory)
nature [
These four basic components (see Table 1) contain interrelated subsets of clandestine (secret) varieties, the main of which being, in particular:
1) state clandestine of governmental authorities, including: military, foreign policy, economic, intelligence, counterintelligence, anti-terrorist, geological etc. secrets; industrial, operational search etc. clandestines;
2) private clandestine of individuals or legal entities (private life or business clandestine), including such clandestine varieties as:
- private life clandestine, which comprises two inter-related clandestines:
personal clandestine of an individual, citizen, national etc., including: clandestine of religion, political views and voting, diaries and personal records, personal life (including love affairs, in particular, when related to adultery; vicious social past and defamatory business and amicable connections); physical (hidden physical defects) and mental state (sexual preferences, bad habits, inclinations, choices, congenital, hereditary and acquired vices, sometimes bordering on nervous and mental abnormalities), etc.
family clandestine of relatives, including: clandestines of adoption, intimate relations, communication and creative work, joint family life etc.
-commercial clandestine of an individual or legal entity as the business entity, including: securities and invention clandestine; production secrets (know how), corporation, trading process (insider), craft etc. secrets
3) office clandestine protected by a public servant, including: tax, audit, voting, state registration, fingerprint, social service recipient, security effort clandestines (with respect to the judge and other legal proceeding participants, officers of law enforcement and supervisory authorities), clandestine of investigation, legal proceedings (conference of judges, conference of jury, of legal proceeding participants), of enforcement proceedings, of personal data of military men of the Interior Ministry's internal forces, etc.;
4) professional clandestine protected by a professional business entity: clandestine of confession, pawnshop, communication (correspondence - mail, telegraph, computer and other messages; telephone calls, etc.), journalist (editorial) clandestine, clandestine of legal efforts (of legal counsel, insurance, testament, of notarial efforts, mediation procedure), bank clandestine (of bank accounts, deposits and transactions; of the credit history), medical clandestine (doctor's, donor's), etc.
The legal protection regime is not determined for a lot of individual restricted access data (e.g., data in connection with the procurement of goods, work, services to meet federal and municipal needs; data and proposals contained in the submitted applications for participation in the tender, when an indebted enterprise is sold; or enterprise price proposals before the start of tender or before granting access to the applications submitted as e-documents for participation in tenders; data that became known to individuals during operating investigations; data pertaining to the mediation procedure etc. ), mentioned in federal law, which necessitates the creation of a classifier under development.
Besides, many clandestines are comprehensive by nature, being the clandestines of lines of business, including different types and varieties of clandestines and secrets, and production clandestines are the tool for implementing the basic clandestines, so the liability for their compromising (unauthorized access, disclosure) may be established for all offences. For instance, breach of professional clandestine via unauthorized access (Article 241, Russian Criminal Code) to computer information, which resulted in getting acquainted with the information that constitutes state clandestine (Article 283.1, Russian Criminal Code), gives rise to criminal liability as the perfect set of crimes (under both articles of the Russian Criminal Code).
The relation model of the legal notion of clandestine (see
Table 1) is the blueprint for substantiation of a uniform,
consistent system of one-for-one connection between the types
of possible information legal offences and those of relevant
penalties. As well as for development of the appropriate
interrelated set of information and legal regimes (ILR) that perform
special protective and defense functions of heterogeneous
privileged information and enabling, in the aggregate, to
implement the principle of balanced interests of a personality,
the community and the State, while improving and developing
the information law in order to support their multi-faceted
information security [
With the use of this relation model for building up the classifier, the classification of information and legal regimes into independent ("parallel") classification groupings (facets) and their subsets (classes, categories) is carried out according to the well-substantiated principles, based on the established features of discrepancy or similarity of information and legal regimes, using the combined facet and hierarchical method. The set of classification groupings shapes a hierarchic quasiarborescent structure as a branching free chart where groupings serve as nodes. A large information capacity, tradition nature and regularity of application, the possibility of creating the meaningful mnemonic codes for classification items (Table 2), and a certain flexibility of the structure hinging upon the possibility of including new information and legal regimes into one of the four classification groupings, are the main advantages of such method.
Code 100.000.000 101.000.000 101.001.000 101.002.000 101.003.000 101.004.000
The following basic principles-rules [
- pragmatism (practical relevance and immediate use), i.e. only classification groupings and signs required for addressing some particular objectives of legal protection (safeguarding) of privileged information should be included into the classifier; - non-overlapping of classification groupings, i.e. the composition of signs in one grouping must not be repeated in others;
- guaranteed legal protection, i.e. inclusion of the information and legal regime into the subset (class, category) of the regimes described by the set of legal tools that guarantee legal protection (safeguarding) of the privileged information; - compatibility, i.e. conformity to the requirements of the Unified System for Classification and Encoding of Technical, Economical and Social (Including Social and Legal) Information of the Russian Federation (USCE of TESI) etc.
The combined parallel and sequent method is used for
encoding the classifier elements, i.e. assigning a code to the
classification grouping (facet) or the classification item
(information and legal regime): the classification signs inside a
facet are encoded independently from each other by certain
categories or a group of categories of code designation. In
addition, all information and legal regimes in the classifier are
described, for referential purposes, by availability of
regulations and laws (R&L), indicating liability for their
violation [
A scientifically-substantiated classifier of legal regimes of
restricted access information, as the basic component of a
sound system for legal protection of privileged information will
be able to influence the structure of electronic data of legal
proceedings in all Russian courts and also the improvement of
legal methods used in drafting regulations in this field. Their
application in legal proceedings takes the precise regulatory
determination of the single meaning of the laws that govern the
similar social relations, so that to ensure their sustainability and
uniform understanding of the law and judicial practice. Thus,
the systematic and stable legal terminology is formed in
constitutional, civil, administrative, criminal, and arbitration
proceedings [
The Unified Classifier of Legal Regimes of Restricted Access Information may become an important tool for securing the terminological unity of legal proceedings and also an efficient tool for integration of electronic information resources of judicial and law enforcement authorities and may align the system for classification and encoding privileged information with global and Russian classifiers and standards.
Thus, based on the efficient use of the well-known relation model of the legal notion of clandestine, which enables to develop the functionally sufficient and consistent set of protective information and legal regimes, as well as the wellsubstantiated classification principles and rules, the conceptual and methodical basis of creating an efficient national classifier of legal regimes for restricted access information was elaborated, as a regulation subject to further standardization and inclusion in to the list of Russian classifiers, which is contained in the Russian Classifier of Information on Russian Classifiers.