Service and professional secrecy

The activities of any state and its bodies depend on a large number of factors. First of all, it is necessary to note the importance of law. Indeed, it is thanks to this specific regulator of social relations that the activities of many departments and services are carried out within a certain framework. In addition, the legal regime in the state helps to streamline the interaction of people. That is, in this case we are talking about such irreplaceable categories as law and order and law. It should be noted that these elements affect many spheres of human life. One of them is informational. After all, lists of any nature have their value. Of course, in some cases it will be quite insignificant. Nevertheless, information is a sphere that is regulated and in some cases is protected by law. It should be noted that there are certain information, the state's requirements for which are overstated. In this case, we are talking about such specific types of information as professional and official secrets. Categories have not only characteristic features, but also a number of certain points related to legal protection. Therefore, the specifics of official professional secrecy we will consider further in the article, based on the provisions of the current legislation.

Information: concept

Secrecy of any type, protected by law, is in any case nothing more than information with limited access. That is, it is certain information known not to all people. At the same time, they need to be studied on the basis of the classical concept of "information". This term describes any kind of information, if you do not take into account the form of their direct expression. Information in this sense can be displayed in an ideal way, that is, in people's minds, as well as on material carriers, for example, paper, computer, dictaphone, photography, video, etc. In addition, one must take into account the fact that any information appears Exclusively in the process of communication. As for information with limited access (professional and professional secrets), it is generally confidential, which causes some of its features.

What is confidential information?

Any restricted access list is confidential in nature. This term implies the inadmissibility of disclosure or otherwise leakage of specific information. The regime of confidentiality is strictly observed in state organizations and services, where work involves interaction with limited statements by law. Thus, confidential information is a collection of certain information, the disclosure of which is not allowed by applicable law. An important role is played by these data in the 21st century. Because to date, information with limited access can be made public by the Internet and other technological innovations. This, as we understand, should not happen. After all, the leakage of confidential information can inflict invaluable damage to the public. In this article, the author is interested in the following types of information with limited access, namely:

- professional secret;

- official secret;

It should be noted that the second part of the name of specific information contains the word "mystery" for a reason. The mode of these statements is conditioned by the lack of access to them for most citizens of the Russian Federation.

Legislation in the field of professional and service information

In the Russian Federation, there are many legal mechanisms that regulate different activities. Thus, it is possible to allocate a lot of normative acts, which protects official and professional secrets. The law, by-laws and judicial IPA are the basis of the entire legal system of this issue. Thus, the following sources of information are related to such sources, namely:

1. Norms of laws, for example, the basis of the RF legislation "On Notary", the basis of the RF legislation "On Health Protection", the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, the Criminal Code of the Russian Federation, the Family Code of the Russian Federation, the Federal Law "On Psychiatric Care" Organ transplantation ", Federal Law" On Postal Communication ", etc.

2. There is also a number of by-laws that are not basic, but they have a great influence on the process of organizing and protecting professional and official secrets. To such it is possible to carry the decision of the government of the Russian Federation «About the statement of rules of rendering of services of a mail service», etc.

3. Judicial practice is of great importance for the formation and modernization of public relations in the sphere of official and professional secrecy, even despite the fact that a legal precedent in the legal system of the Russian Federation is not used.

The presented types of normative acts are the basis of the regime of confidentiality of professional and official secrets. It should be noted that most do not distinguish between the two categories presented. At the same time, professional and professional secrets are completely different in nature. This is evident not only for any theoretical comprehension, but also for the object composition and principles of information circulation.

What is the secret of a professional nature?

Professional secrecy is the collection of certain bindings. But, as we have already explained, information of this kind is protected by law. However, this is not the only characteristic moment. The concept says that professional secrecy is a system of information that gets to the holder, that is, the person owning it, by virtue of the latter performing any professional functions. Thus the person should not be on municipal or public service as this will be an example of other data. In addition to everything else, the secret of a professional nature, with its immediate disclosure, can lead to the onset of negative consequences, which, in turn, will harm society and specific individuals. Thus, this thesis reveals the importance of the confidentiality regime of the information described.

Criteria for assessing professional secrecy

So, we found out what a professional secret is. This information has many features. At the same time, it should be noted that not all information can be classified as professional. In order for information to have a similar status, it must comply with a number of criteria, namely:

- the holder has learned it solely due to the performance of certain functional duties;

- the holder should not be a representative of the state or municipal service, otherwise the information will have a completely different status;

- Information that is a professional secret must be banned, which does not allow the disclosure of information because they can harm society and specific individuals;

- professional secrecy, or rather, information belonging to it, should not be related to information of state or commercial importance;

In addition to the presented criteria, it is necessary to take into account the fact that there is responsibility for the disclosure of professional secrecy. This factor is extremely important, as it indicates the existence of a certain mode of protection of the relevant data. Thus, information will be a professional secret if it is positively characterized from the position of all the presented criteria.

Mystery of a professional nature - object composition

On the basis of the above criteria, we can identify the following specific objects of professional secrecy. In this case, the object is the specific information of a particular sphere of human activity. Hence, one can single out the following branches falling under the legal regime of professional secrecy, for example:

1. Almost every person ever turned to doctors. But at the same time, few people know that the information they own directly is protected by law and is called a medical secret. It can include a number of the following data: the fact of contacting a medical institution, information about a donor, information on medical documentation, information about the fact of artificial insemination, information about a patient's mental illness, and so on.

2. The structure of the objective composition of professional secrecy also includes information transmitted between people by means of various forms of communication (mail, telephone, e-mails, the Internet, etc.).

3. The current legislation protects a notarial secret, that is, information that becomes known to a notary in the process of making specific actions. In this case, we can also mention a specific mode of information that is known to lawyers in the process of providing legal assistance.

4. The secret of adoption is an object of professional knowledge. This includes data on the child who was adopted.

5. Strangely enough, but the law extends its protection to information that is trusted to the clergy directly at the confession.

6. The last object of professional secrecy is the secret of insurance, namely data on the beneficiary and the insured person (property status, state of health, etc.).

It should be remembered that the object composition includes a strict list of individual spheres. Its expansion is allowed only on the basis of changes or amendments to the current legislation. After all, the presented objects are actually taken from the specific legal norms presented earlier in the article of the NPA. If you do not comply with the legal regime of these objects and in every possible way violate it, then the inevitable responsibility for divulging professional secrecy can follow.

Professional secrecy - subjects

Previously, we considered specific statements, which are covered by the legal protection regime . But any legal category has a number of certain persons who actually realize its features. Subjects of professional secrecy in this case are characterized by the fact that they directly contact such information. As a consequence, they have the opportunity to disclose, change, destroy, etc. To the subjects of professional secrecy, today the following persons are reckoned:

- trustees or owners of certain information;

- holders;

- Users;

The trustee can be called an individual, that is, a specific person who passes the known lists to another person. As a rule, ordinary citizens have such status, who applied to this or that enterprise to solve a certain issue. Their role in the process of protection and use of professional secrecy is negligible. More important is the information holder. Both physical and legal persons are referred to it. The peculiarity is that, due to the fulfillment of professional tasks and specific functions, an enterprise or an individual receives confidential information. Automatically, the regime of legal protection of information of the corresponding type begins to spread to it. To the holders of professional information can be attributed to date the following persons, namely:

- participants in cases of adoption;

- health care institutions: doctors, workers in the pharmaceutical field, and so on.

- persons organizing the process of postal and electronic communication;

- notaries;

- lawyers, priests, clergymen.

Ambiguous status has a person who is characterized as a user of professional secrecy. These subjects get access to the relevant information due to their official activities, which is conditioned by the norms of legislative acts. Such persons are responsible for preserving professional secrets and its correct use, in the process of which it will not be brought to people and organizations that do not have the corresponding rights to it. Given this thesis, we can conclude that users are:

- Judges who have cases with protected information.

- Prosecutors, whose professional information became known in connection with the implementation of the investigation.

- Bodies that carry out operational-search activity, if the protected information came to them in the course of carrying out operational activities.

Thus, the user can be a person or organization that represents state power, if access to professional secrecy is conditioned by the current legislation and corresponding expansions, grounds, etc. As mentioned earlier, these persons play a large role in the legal protection of the represented category. Because thanks to them the legal protection of professional secrecy is realized.

Official secret

Legal regulation of professional secrecy is carried out through the aforementioned normative acts. However, the information available to the subjects in connection with their activities should not be identified with the service one. Because the latter kind of characterizes a completely independent system of individual information. On the basis of this, it can be concluded that official secret is confidential information protected by law, which is held by representatives of state bodies and local self-government. At the same time, information of this nature can be known to the subjects only by virtue of legitimate grounds in the course of their performance of official activity. Access to official information is limited by the norms of the current legislation due to possible harm that may arise due to its disclosure. Legal protection of official secrets is carried out on the basis of the provisions of the federal law "On Service Secret."

Criteria for classifying information as a service

As in the case of professional secrets, official information can be considered only if it meets a number of requirements. They include the following, namely:

- the information should be referred to the service regulations of the legislative acts;

- to carry the register to the official secret can also be if there is an official need for this;

- information contains information about the private life of another person (commercial, bank secrecy, etc.);

- information is not a state secret ;

- information was obtained in the process of the activity of a state body or a local government body;

If a specific list of information meets these characteristics, then it can be attributed to the official information, which will indicate the existence of a specific mode of its protection.

Objects of official secrecy

The protection of professional secrecy, as well as of official, is aimed at certain objects. Only in the second case the list of specific information will differ. To the objects of official secrecy to date, you can refer information in the following areas, for example:

- information on the activities of federal state bodies, military judicial and investigative secrets;

- information containing personal data on legal entities and individuals, which became known by virtue of the performance of the official activity;

Thus, the protection mode extends to information only if it is a direct object of official secrecy. In other cases, we can not speak about the availability of legal protection for any statements.

Conclusion

So, in the article we tried to answer the question about what constitutes information constituting professional secrets and official information. It should be noted that the legal characteristics of these categories are simply necessary, given the prevalence of digital technologies in the modern world, through which the secret is often disclosed to unauthorized persons.