Publication date: 15.07.2024
Information law: Concepts, principles and regulation
Introduction
Information law is a relatively new branch of law that is developing in response to the growing importance of information and information technology in modern society. This branch of law regulates relations related to the creation, use, storage, transmission and protection of information. In this article, we will consider the basic concepts, principles, sources and areas of regulation of information law.
The concept of information law
Definition
Information law is a set of legal rules that govern relations in the field of information activities, including the creation, processing, storage, transmission and protection of information. This area of law covers various aspects such as intellectual property, personal data protection, information security, freedom of speech and access to information.
Objects of information law
The main objects of information law are:
- Information: any information, knowledge or data, regardless of the form in which it is presented.
- Information resources: a set of documents and data arrays in information systems.
- Information technology: a set of methods, processes and technical means for collecting, processing, storing and transmitting information.
- Information systems: systems that provide storage, processing and transmission of information.
Principles of information law
The principle of accessibility of information
Information should be available to the public, except as otherwise provided by law. This includes the right of citizens to access information about the activities of state bodies, local governments and other entities.
The principle of confidentiality
Information containing personal data, trade secrets or other types of confidential information must be protected from unauthorised access and disclosure. The subjects of information relations are obliged to ensure the confidentiality of such information.
The principle of integrity
Information must be accurate, complete and reliable. Subjects of information relations are obliged to ensure the integrity of information during its creation, processing, storage and transmission.
The principle of truthfulness
Information disseminated in information systems must be truthful and not misleading. This is especially important for mass media, which can influence public opinion and decision-making.
Principle of protection of rights of subjects of information relations
Subjects of information relations have the right to protect their rights and legitimate interests in the field of information activity, including the right to appeal against illegal actions and compensation for damages.
Sources of information law
The Constitution of Ukraine
The Constitution of Ukraine enshrines the fundamental rights and freedoms of citizens in the field of information activity, including freedom of speech, the right to information, protection of personal data and confidential information.
Laws of Ukraine
The main laws of Ukraine in the field of information law are:
- TheLaw of Ukraine "On Information": regulates the basic principles of information activity, rights and obligations of subjects of information relations, the procedure for access to information and its protection.
- TheLaw of Ukraine "On Access to Public Information": establishes the procedure for granting access to public information held by state bodies and other entities.
- TheLaw of Ukraine "On Personal Data Protection": regulates the procedure for processing, storage and protection of personal data, the rights of personal data subjects and the obligations of data owners.
- TheLaw of Ukraine "On Telecommunications": regulates relations in the field of telecommunications, including access to telecommunications services, consumer protection and information security.
- TheLaw of Ukraine "On Electronic Documents and Electronic Document Management": establishes the legal framework for the use of electronic documents and the organisation of electronic document management.
By-laws and regulations
National and international standards, resolutions, instructions and other regulatory documents governing certain aspects of information activities, including information protection, information security, personal data processing, etc.
Areas of information law regulation
Intellectual property
Intellectual property covers rights to the results of creative activity, such as copyrights, patents, trademarks, trade secrets, etc. Information law regulates the protection of intellectual property in the digital environment, including copyright protection on the Internet and the fight against piracy.
Protection of personal data
Personal data protection includes measures to ensure the confidentiality and security of personal data processed in information systems. Legislation establishes requirements for the processing of personal data, the rights of personal data subjects and the obligations of data owners.
Information security
Information security includes the protection of information systems from unauthorised access, loss, distortion or disclosure of information. Legislation establishes requirements for information security, including the use of cryptographic means of protecting information, cybersecurity measures, etc.
Freedom of speech and access to information
Freedom of speech and access to information are fundamental human rights that ensure the possibility of free expression of opinions and the receipt and dissemination of information. Legislation regulates the procedure for granting access to public information, protection of journalists and freedom of mass media.
Electronic documents and electronic document management
Electronic documents and electronic document management include the legal framework for the creation, processing, storage and transmission of electronic documents. Legislation sets requirements for electronic signatures, electronic archiving and the organisation of electronic document management.
Mechanisms of protection of rights in the field of information law
Judicial protection
Citizens and legal entities have the right to apply to court to protect their rights and interests in the field of information activities. The court may decide to compensate damages, impose fines or apply other measures of influence to violators.
Administrative protection
Administrative authorities, such as the State Service of Ukraine for Personal Data Protection and the National Commission for the Regulation of Communications and Informatisation, monitor compliance with information law and have the authority to apply administrative measures to violators.
Self-regulation
Organisations operating in the field of information technology and mass media may establish self-regulatory bodies to monitor compliance with standards and ethical norms in their field.
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