BELARUS NEWS AND ANALYSIS

DATE:

06/06/2007

Expert Input Sought on Belarusian Information Law

Editor, Maricelle Ruiz, IBLS Director - Europe

The Government of Belarus is in the process of adopting a law on information, informatization and protection of information in that Eastern European country. Belarus intends to combine national and self-regulation to guarantee the right to receive and exchange information, including governmental data, while protecting individual privacy and national security. Think tank E-Belarus is seeking expert advice on the matter to measure the impact of the law; identify positive or negative aspects of it; and determine whether any provisions are missing from the text. Please click on "Discuss" to post an expert comment on the proposed law at the IBLS Speaker's Corner, our legal blog. Your input is most appreciated by the parties working on this initiative.

The proposed Law of the Republic Of Belarus "On Information, Informatization and Protection of Information" designates the powers of public officials in this area; guarantees the right to information as long as it isn't abused; establishes the types of information available, including public and confidential information; and sets the parameters regarding the use of personal and professional data and state secrets. It also regulates the provision and distribution of information, including data held by state bodies posted online; and demands the prompt distribution of public information upon electronic request. Furthermore, the proposed law sets the legal requirements of owners and users of data and systems, including the rights and responsibilities of parties regarding data protection.

Under the proposed law, the President and the Council of Ministers will define and implement the country's information and privacy policies. The State Center on Informational Security and the National Academy of Sciences will come up with technical measures to protect information and keep a registry of the providers of said data. The Ministry of Communication and Informatization will regulate the sector and ensure the implementation of international treaties and the upgrading of technology. State organizations will guarantee the understanding of information technologies and resources and the timely receipt of public information.

Information may not be used to overthrow the Government, threaten the Country's territorial integrity, or promote social, religious or racial hostility, according to the proposed legislation. The distribution of individual data should be limited to ensure personal privacy; maintain state and professional secrets; and guarantee the integrity of ongoing court cases. Holders of personal information must take measures to protect the data and seek subject authorization to distribute it. The distribution of data infringing upon the honor, dignity and business reputation of an individual or corporation is prohibited. Individuals or corporations have the right to take legal action to prevent the disclosure of their private information.

Furthermore, the planned standard states that information distributed in Belarus must clearly identify its owner and distributor, who in turn must comply with users' right to refuse this data. Public data should be made available via email upon request promptly unless the information may harm national security or private interests. It should also be provided on the Internet. Websites of state organizations must include contact information, organizational structure, appointment times for citizens and the laws regulating said organizations. They may not contain political propaganda or ads. Both public and private sites must take adequate measures to protect personal data. A state registry on informational systems should be in place.

In addition, the proposed law establishes that international informational networks accessible from Belarus should respect national legislation. Belarusian email recipients have the right to verify senders of these communications. There are no limitations to the international exchange of information within Belarus as long as Legislation of the Republic of Belarus on Provision of Information and Protection of Intellectual Property is observed. The rights of the owner of the information contained within a database are also protected. The Government of Belarus, meanwhile, may limit or suspend the international exchange of information if deemed necessary.

Finally, it states that the users of information have the right to access personal data and use informational systems as long as they don't abuse this right or the rights of others using these systems. Agreements should be in place to regulate the rights of owners of the information and the distributors. Agreements should also outline legal responsibility for the misuse of information. Physical protection of informational systems; cryptography; and data access controls should be in place. Violation of any of the provisions of this proposed law, slated to go into effect six months after official publication, will lead to disciplinary, civil, administrative or criminal responsibilities.

To view the full draft of the law in English, please visit:

http://www.e-belarus.org/docs/informationlawdraft.html

Source:

http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1776