GIS? or non-gIS? That's the question
The reason for this publication is the lack of a specific definition of such an entity as GIS (state information system) on the one hand, and a diverse (sometimes unacceptable) interpretation of this concept on the other hand. The correct classification of the system (GIS or non-GIS) has immediate practical significance: if the system is non-GIS, then a number of mandatory (sometimes serious) requirements go into the category of recommendations.
What is a state information system? Federal Law of July 27, 2006 N 149-ФЗ "On Information, Information Technologies and the Protection of Information" (hereinafter referred to as the Law) contains the concept of an information system (as a whole) and indirectly defines GIS.
So, an information system is a combination of information contained in databases and information technology and technical means that ensure its processing (Clause 3, Article 2 of the aforementioned law). The definition is completely “technical”, not referring to the rule of law, and, in my opinion, specific enough not to cause controversy about the content of the concept. In addition, the presence of terms such as "database", "information technology", "technical means" allows us to conclude with a sufficient degree of certainty that the information system is stored (and operated) in the memory of a computer.
With the state information system is already more complicated. According to paragraphs 1, paragraph 1. Art. 13 state information systems - federal information systems and regional information systems created on the basis of federal laws, laws of the constituent entities of the Russian Federation, respectively, on the basis of legal acts of state bodies. What conclusions can be drawn from this concept?
- State systems are federal and regional.
- Federal state systems are created on the basis of federal law or an act of a federal state body.
- Regional state systems are created on the basis of the laws of entities or an act of a regional state body.
Further, Art. Section 14 of the law defines the goals of creating a GIS - this is the realization of the powers of state bodies and the exchange of information between these bodies, as well as for other purposes established by federal laws. The question immediately arises, what is a government agency? And how in the context of the law does the concept of “state body” correlate with the concept of “body of state power,” since both are found in the text of the law? For the purposes of this material, we agree that the concepts are identical.
There is no single list of goals for creating GIS, but the law itself defines an obvious goal for itself as the exercise of authority and the exchange of information.
"Empowerment" dictionary of S.I. Ozhegova defines as "officially granted to someone the right to carry out some activities, conduct business." Each state body has its own powers, the study of which allows us to conclude that the powers reveal the functionality of the body and, in a simplified sense, answer the question of why this or that body was created. In other words, authority is not all the activities carried out by an authority, but only that characterizing a particular authority. Industry-wide types of activities, such as bookkeeping, personnel records, compliance with labor protection standards, environmental standards, etc. not included in the concept of authority. It is permissible, in my opinion, to use this approach to solving the issue: to open the provision on the state body, the division of powers and determine what specific authority is implemented by the information system. If an answer is found, this is a very convincing argument in favor of considering the information system to be state.
According to paragraph 3 of Art. 14 sources of information for GIS is statistical and other documented information provided by citizens (individuals), organizations, government bodies, local governments. Judging by the sources, it is obvious that the information content of a GIS cannot consist of the results of the internal activities of one particular state body.
By the Government of the Russian Federation, Decree of July 6, 2015 No. 676 approved "Requirements for the procedure for the creation, development, commissioning, operation and decommissioning of state information systems and further storage of the information contained in their databases." I note that from the point of view of this Decree, the requirements are mandatory for federal and regional executive bodies, and for the governing bodies of state extra-budgetary funds, local authorities, these requirements are not requirements, because they are advisory in nature.
Clause 1 (1) of these Requirements lists the basic requirements that should be implemented during the creation, development, commissioning, operation and decommissioning of GIS:
- requirements of the FSB and FSTEC regulators;
- requirements for the organization and measures to protect the information contained in the GIS;
- protection requirements for personal data, if any, are contained in the GIS.
At the same time, paragraph 5 of Art. 16 of the law establishes that the requirements of regulators (FSB and FSTEC) regarding the protection of information in GIS should be implemented everywhere, i.e. all bodies. There is a contradiction between the Decree and the law, but the law has greater legal force with all the ensuing consequences.
What conclusions can be drawn from all of the above?
GIS is such an information system that has a number of characteristics:
- created on the basis of a law or an act of a state body (federal or regional);
- it is created for the exchange of information and for the exercise of the powers of a state body; the purpose of creation can also be determined by federal law;
- information content - documented information that is provided by individuals, organizations, government bodies, local governments;
- GIS is subject to the requirements of the FSTEC and FSB regulators.