=Paper=
{{Paper
|id=Vol-2081/paper15
|storemode=property
|title=Architecture of the National Classification of Legal Regimes of Restricted Access Information
|pdfUrl=https://ceur-ws.org/Vol-2081/paper15.pdf
|volume=Vol-2081
|authors=Dmitrii Lovtsov,Dmitrii Makarenko,Andrei Fedichev
}}
==Architecture of the National Classification of Legal Regimes of Restricted Access Information==
https://ceur-ws.org/Vol-2081/paper15.pdf
Architecture of the National Classification of Legal
Regimes of Restricted Access Information
Dmitrii Lovtsov
Department of Information Law, Informatics and Dmitrii Makarenko
Mathematics National Legal Service, LLC
Russian State University of Justice Russian Federation, Moscow
Russian Federation, Moscow d.g.makarenko@gmail.com
dal-1206@mail.ru
Andrei Fedichev
Legal Information Scientific Centre of
Ministry of Justice of the Russian Federation
Russian Federation, Moscow
andrey.fedichev@scli.ru
Abstract—Purpose of the paper: improving the scientific and clandestine regime envisages [1]: the person's/ entity's statutory
methodical base of the theory of legal regimes of information right to introduce the restricted access regime; establishment
resources. Method used: conceptual and logical modelling of the and restriction of the scope of the holder's rights to protected
legal concept and productive facet-cum-hierarchical classification information and his/her duties to protect the same and to
of pragmatic types and kinds of classified information. Results disclose it at the requests of competent governmental agencies
obtained: based on the principle of heterogeneity of the concept as well as liability for breach of established rights and duties.
of information and classified information, the architecture
(conceptual and logical organization) is justified and the However, the laws are mostly codifying the private and
conceptual and methodical base (principles-rules of classification, applied approach, whereby the clandestine (secret) means the
methods of coding of classification elements, classification information itself that should be protected from unauthorized
groupings) is developed for creating an efficient national access and use in order to prevent harm to interests of parties to
classification of legal regimes of restricted access information as a legal relations. This leads to confusion of the notions of
regulation subject to further standardization and inclusion in the clandestine, including secret and privileged information (new
list of Russian classifications contained in the Russian data for a recipient), and to confusion of types of clandestines
Classification of Information on Russian Classifications. The and secrets.
place and role of the national classification of legal regimes of
restricted access information in the system of Russian In the modern legal science, clandestine means a special
classifications are shown. legal regime of privileged information as a package of legal
tools that describe a combination of interrelated prohibitions,
Keywords—privileged information; data; relational model; permissions, enforcements, entitlements, incentives (privileges)
classified information; legal protection and sanctions, i.e. the legal regime of concealment and/or legal
protection of privileged information [2]. That is to say, the
same data (information) having certain potential "novelty", i.e.
The information concealment in the clandestine regime as the information value for a certain range of persons, may
secret (having a secrecy label - the secret regime) and belong to different legal regimes without change in their
confidential information is now the primary way of legal information content, may be subject to clandestine (secret) of
protection (safeguarding) for privileged information (having a the appropriate type and kind. For example:
tangible, moral and any other value due to its being unknown
to third parties), e.g., scientific and technical information, data on the essence of certain new industrial properties
financial, economic, production, structural information and (inventions, pre-production prototypes, utility models) can be
know how, market, patent, license etc. information, from third simultaneously subject to the state clandestine regime of the
parties' access. entity acting as the governmental R&D customer, to the
business secret regime of a non-public organization (defense
The clandestine and secret varieties number over 50 in industry enterprises etc.) acting as R&D developer, and to
Russian law (taking into account international treaties). Their official secret of a leading employee of the entity acting as
common feature is that the information protection in the R&D support customer;
70
individual's personal data may be simultaneously subject to clandestine (which are recognized by the law-maker as civil
the personal (private) clandestine regime, tax (office) right items, in Articles 150, 139, 857, 946, and 1123, Russian
clandestine and bank (professional) clandestine; Civil Code, respectively). The particular feature of these
information and legal regimes is that the privileged content
data on the private digital signature key may be subject to itself ("new" data), subject to the legal regime of a certain
the personal clandestine regime, if the digital signature keys are clandestine, is a special sort of intangible benefit and, as such,
generated independently, and also simultaneously to the can also be the target of information legal relations (besides the
personal clandestine regime and the office (professional) regime) having the protective (rather than regulatory)
clandestine regime, if the keys are generated by the public nature [4].
(commercial) Certification Center (Key Certification Center)
etc. These four basic components (see Table 1) contain inter-
related subsets of clandestine (secret) varieties, the main of
An array of correlating clandestine varieties (information which being, in particular:
and legal regimes) necessitates the substantiation of an
intelligent system intended for legal protection of privileged 1) state clandestine of governmental authorities, including:
information where a consistent classifier (from Latin classis military, foreign policy, economic, intelligence, counter-
meaning "category" and facere meaning "to do") of legal intelligence, anti-terrorist, geological etc. secrets; industrial,
regimes for the sensitive information is the key component operational search etc. clandestines;
serving as the streamlined list of the information and legal
regimes, each having the matching unique code. The classifier 2) private clandestine of individuals or legal entities
enables to identify functional relationships among the (private life or business clandestine), including such
components, i.e. the regimes of the legal protection system for clandestine varieties as:
privileged information, and among the respective legal - private life clandestine, which comprises two inter-related
relations that arise, in order to discover and estimate the clandestines:
pragmatic features of the information security law sub-industry
integrity [1]. The classifier shall also allow for unification of personal clandestine of an individual, citizen, national etc.,
computer databases and streamlining of the computer-aided including: clandestine of religion, political views and voting,
sharing of privileged information in federal and municipal diaries and personal records, personal life (including love
information systems [3]. affairs, in particular, when related to adultery; vicious social
past and defamatory business and amicable connections);
An array of legal regimes for the restricted access physical (hidden physical defects) and mental state (sexual
information in the classifier can be conventionally divided, preferences, bad habits, inclinations, choices, congenital,
according to the well-known [2] efficient relation model of the hereditary and acquired vices, sometimes bordering on nervous
legal notion of clandestine (Table 1), into four classification and mental abnormalities), etc.
groupings: public, private (personal, family, commercial),
office and professional clandestine. family clandestine of relatives, including: clandestines of
adoption, intimate relations, communication and creative work,
joint family life etc.
TABLE 1.
-commercial clandestine of an individual or legal entity as
Relation model of the legal notion of "clandestine" the business entity, including: securities and invention
Type of Legally significant clandestine Type of clandestine; production secrets (know how), corporation,
clandestine types information
of public law of private law legal relations trading process (insider), craft etc. secrets
nature nature (essence) 3) office clandestine protected by a public servant,
Basic Absolute
(clandestine is Public Private (protection including: tax, audit, voting, state registration, fingerprint,
the target) against social service recipient, security effort clandestines (with
encroachment) respect to the judge and other legal proceeding participants,
Derivative Relative officers of law enforcement and supervisory authorities),
(clandestine is Office Professional (protection clandestine of investigation, legal proceedings (conference of
duty) against breach)
judges, conference of jury, of legal proceeding participants), of
enforcement proceedings, of personal data of military men of
The basic and derivative clandestines as targets of the Interior Ministry's internal forces, etc.;
information legal relations arising out of the authority and 4) professional clandestine protected by a professional
subordination, one of the parties to which is a public authority, business entity: clandestine of confession, pawnshop,
i.e. public information legal relations, also have the public law communication (correspondence - mail, telegraph, computer
nature. In particular, it is public and office clandestines. and other messages; telephone calls, etc.), journalist (editorial)
However, the clandestines as targets of civil (private) clandestine, clandestine of legal efforts (of legal counsel,
information legal relations arising out of the independence of insurance, testament, of notarial efforts, mediation procedure),
will, equality and proprietary independence of the parties, have bank clandestine (of bank accounts, deposits and transactions;
the private law nature. In particular, it is personal and family of the credit history), medical clandestine (doctor's, donor's),
clandestines, business, bank, insurance and testament etc.
71
The legal protection regime is not determined for a lot of TABLE 2.
individual restricted access data (e.g., data in connection with Structure of the classifier of legal regimes
the procurement of goods, work, services to meet federal and for restricted access information
municipal needs; data and proposals contained in the submitted Code Clandestine types and kinds
applications for participation in the tender, when an indebted 100.000.000 TARGETS OF CLANDESTINE (basic)
enterprise is sold; or enterprise price proposals before the start 101.000.000 STATE CLANDESTINE
of tender or before granting access to the applications 101.001.000 Military secrets
101.002.000 Foreign Policy and Economy Secrets
submitted as e-documents for participation in tenders; data that
101.003.000 Industrial clandestine
became known to individuals during operating investigations; 101.004.000 Intelligence, counter-intelligence,
data pertaining to the mediation procedure etc. ), mentioned in operational search and anti-terrorist secrets
federal law, which necessitates the creation of a classifier under 101.004.001 Operational investigation clandestine
development. 101.005.000 Transport security secrets
101.006.000 Geological secrets
Besides, many clandestines are comprehensive by nature, 102.000.000 PRIVATE CLANDESTINE
being the clandestines of lines of business, including different 102.001.000 Private life clandestine
types and varieties of clandestines and secrets, and production 102.001.100 Personal clandestine
clandestines are the tool for implementing the basic 102.001.101 Religion clandestine
clandestines, so the liability for their compromising 102.001.102 Clandestine of diaries and personal records
(unauthorized access, disclosure) may be established for all 102.001.103 Clandestine of political views and voting
102.001.104 Physical and mental state clandestine
offences. For instance, breach of professional clandestine via 02.001.200 Family clandestine
unauthorized access (Article 241, Russian Criminal Code) to 102.001.201 Family life clandestine
computer information, which resulted in getting acquainted 102.001.202 Adoption clandestine
with the information that constitutes state clandestine (Article 102.002.000 Business clandestine
283.1, Russian Criminal Code), gives rise to criminal liability 102.002.001 Securities clandestine
as the perfect set of crimes (under both articles of the Russian 102.002.002 Invention clandestine
Criminal Code). 102.002.003 Trade secrets
102.002.004 Craft secrets
The relation model of the legal notion of clandestine (see 102.002.005 Production secrets (know how)
Table 1) is the blueprint for substantiation of a uniform, 102.002.006 Corporate secrets
consistent system of one-for-one connection between the types 200.000.000 CLANDESTINE - DUTIES (derivative)
of possible information legal offences and those of relevant 201.000.000 OFFICE CLANDESTINE
penalties. As well as for development of the appropriate inter- 201.001.000 Tax clandestine
related set of information and legal regimes (ILR) that perform 201.002.000 Audit clandestine
special protective and defense functions of heterogeneous 201.003.000 Voting clandestine
201.004.000 State registration clandestine
privileged information and enabling, in the aggregate, to
201.005.000 Fingerprint clandestine
implement the principle of balanced interests of a personality, 201.006.000 Social service recipient's clandestine
the community and the State, while improving and developing 201.007.000 Security effort clandestine
the information law in order to support their multi-faceted 201.008.000 Investigative clandestine
information security [5]. 201.009.000 Legal proceeding clandestine
201.009.001 Clandestine of judge meetings
With the use of this relation model for building up the 201.009.002 Clandestine of jury meetings
classifier, the classification of information and legal regimes 201.009.003 Clandestine of legal proceeding participants
into independent ("parallel") classification groupings (facets) 201.009.000 Clandestine of enforcement proceedings
and their subsets (classes, categories) is carried out according 201.010.000 Clandestine of personal data of military personnel of
to the well-substantiated principles, based on the established the Interior Ministry's internal forces
features of discrepancy or similarity of information and legal 202.000.000 PROFESSIONAL CLANDESTINE
202.001.000 Confession clandestine
regimes, using the combined facet and hierarchical method. 202.002.000 Pawnshop clandestine
The set of classification groupings shapes a hierarchic quasi- 202.003.000 Connection clandestine
arborescent structure as a branching free chart where groupings 202.004.000 Journalist (editorial) clandestine
serve as nodes. A large information capacity, tradition nature 202.005.000 Clandestine of legal efforts
and regularity of application, the possibility of creating the 202.005.001 Legal advisor's clandestine
meaningful mnemonic codes for classification items (Table 2), 202.005.002 Insurance clandestine
and a certain flexibility of the structure hinging upon the 202.005.003 Clandestine of notary actions
possibility of including new information and legal regimes into 202.005.004 Testament clandestine
202.005.005 Mediation clandestine
one of the four classification groupings, are the main 202.006.000 Bank clandestine
advantages of such method. 202.006.001 Bank deposit clandestine
202.006.002 Credit history clandestine
202.007.000 Medical clandestine
202.007.001 Doctor's clandestine
202.007.002 Donor's clandestine
72
The following basic principles-rules [6-8] are used for efficient tool for integration of electronic information resources
building up the classifier: of judicial and law enforcement authorities and may align the
system for classification and encoding privileged information
- pragmatism (practical relevance and immediate use), i.e. with global and Russian classifiers and standards.
only classification groupings and signs required for addressing
some particular objectives of legal protection (safeguarding) of Thus, based on the efficient use of the well-known relation
privileged information should be included into the classifier; model of the legal notion of clandestine, which enables to
develop the functionally sufficient and consistent set of
- non-overlapping of classification groupings, i.e. the protective information and legal regimes, as well as the well-
composition of signs in one grouping must not be repeated in substantiated classification principles and rules, the conceptual
others; and methodical basis of creating an efficient national classifier
- guaranteed legal protection, i.e. inclusion of the of legal regimes for restricted access information was
information and legal regime into the subset (class, category) elaborated, as a regulation subject to further standardization
of the regimes described by the set of legal tools that guarantee and inclusion in to the list of Russian classifiers, which is
legal protection (safeguarding) of the privileged information; contained in the Russian Classifier of Information on Russian
Classifiers.
- compatibility, i.e. conformity to the requirements of the
Unified System for Classification and Encoding of Technical,
Economical and Social (Including Social and Legal) REFERENCES
Information of the Russian Federation (USCE of TESI) etc. [1] D. Lovtsov, “Systematology of legal regulation of information relations
in information sphere”: article thesis, Moscow: RGUP, 2016, 316 pp.
The combined parallel and sequent method is used for [2] D. Lovtsov, “Conceptual and logical modeling of the legal notion of
encoding the classifier elements, i.e. assigning a code to the clandestine”, Informational Law, 2009, issue No. 2, pp. 12-14.
classification grouping (facet) or the classification item [3] D. Lovtsov, A. Fedichev, “Place and role of legal informatics in
(information and legal regime): the classification signs inside a information and legal knowledge”, Legal Informatics, 2017, issue No. 1,
facet are encoded independently from each other by certain pp. 5-12.
categories or a group of categories of code designation. In [4] V. Kopylov, Informational Law. Moscow: Moscow State Legal
addition, all information and legal regimes in the classifier are University, 2005, 510 pp.
described, for referential purposes, by availability of [5] D. Lovtsov, Informational Theory of Ergasystems: Thesaurus. Moscow:
Science, 2005, 248 pp.
regulations and laws (R&L), indicating liability for their
[6] V. Omelchenko, General Classification Theory, Part 1: Basics of Reality
violation [9, 10] (see the Appendix). Cognition Systematology. Preface by D. Lovtsov. Moscow: Librocom,
A scientifically-substantiated classifier of legal regimes of 2008, 436 pp.
restricted access information, as the basic component of a [7] V. Omelchenko, General Classification Theory, Part 2: Theoretical and
Array Grounds. Preface by D. Lovtsov. Moscow: Librocom, 2010, 296
sound system for legal protection of privileged information will pp.
be able to influence the structure of electronic data of legal [8] D. Lovtsov, Bases of Linguistic and Informational Support of
proceedings in all Russian courts and also the improvement of Automated Control Systems, in 2 books, Book 2: Information Base.
legal methods used in drafting regulations in this field. Their Moscow: V.A. named after Peter the Great, 1990, 147 pp.
application in legal proceedings takes the precise regulatory [9] D. Lovtsov, A. Kovalenko, “Development of the national classifier for
determination of the single meaning of the laws that govern the legal regimes of restricted access information”, Proceedings of the VI
similar social relations, so that to ensure their sustainability and Russian Scientific and Practical Conference Modern Continued
Education and Innovative Development (April 20, 2016), FIRO FGAU,
uniform understanding of the law and judicial practice. Thus, Serpukhov: IIF MOU, 2016, pp. 706-709.
the systematic and stable legal terminology is formed in
[10] Fedichev A., Artamoshkin S. The Systematisation of Types of
constitutional, civil, administrative, criminal, and arbitration Relationships and Responsibility in Acquiring Access to Information.
proceedings [11]. Voprosy kiberbezopasnosti [Cybersecurity issues], 2014, No 2(3), pp.
51-59. DOI: 10.21681/2311-3456-2014-2-51-59.
The Unified Classifier of Legal Regimes of Restricted
[11] D. Lovtsov, V. Niesov, “Topical issues of creating and developing the
Access Information may become an important tool for securing information space in the Russian judicial system”, Informational Law,
the terminological unity of legal proceedings and also an 2013, issue No. 5, pp. 13-18.
73