The Use of Restricted Access Information Stored in State Information Systems: Legal Regulation of Providing Information to Third Parties

Abstract

The paper is devoted to the study of the legal regulation of the procedure envisaged for providing restricted access information stored in state information systems (SIS). The paper provides an overview of the formation and development of legislation regulating public relations in the field of the SIS operating. Reviewing allowed the authors to follow the process of developing an approach to the procedure of providing the above mentioned information from the moment when the SIS started their operation. The paper examines the procedure for providing restricted access information from individual SIS operating in different spheres of state activities. A comparative legal analysis of normative regulation has been carried out in terms of issues related to the transfer of restricted access information. Based on the study, it was concluded that the legislation provides for the transfer of limited information from SIS exclusively to a closed list of subjects at no charge. The paper argues that the amendments introduced in 2018 and 2022 for the possibility of performing the functions of a SIS operator by commercial organizations under a concession agreement or a public-private partnership agreement have not resulted in a revision of the established approach prohibiting monetization of access to restricted access information stored in the SIS and the transfer of such information to third parties. The paper concludes that such an approach seems optimal, since obtaining restricted access information from the SIS by third parties may lead to violation of the trade secret regime, reasonable expectations and equality of rights of business participants, incur damage to their commercial interests, restriction of competition and violation of human rights and state interests.