Hyperlink to standard terms of use of open data. Standard terms and conditions for the use of publicly available information. IV. Final provisions

Providing consumers with open government data in the field of education and science is based on Russian and international law and compliance with the following conditions.

1. To use open data, the consumer is not required to enter into any agreements with the Ministry of Education of the Russian Federation, its subordinate organizations or local governments. Open data on the open data portal of the Ministry of Education of Russia is published on the basis of an open license Open Data Commons, including all rights and restrictions provided for herein. This means that the user is granted a perpetual, free, non-exclusive right to use open data.

2. The consumer of open data has the right:

Reproduce, copy, publish and transmit open data;

Disseminate open data and regroup its components;

Adapt, modify or extract information from open data;

Use open data for commercial purposes when producing a new product or service.

3. The consumer is allowed any use of open data (including commercial) provided that the source is referenced. When using open data, a reference to the source must be placed in the form of a permanent Internet address of the original version of the open data, indicating the owner of the open data and contact information of his official representative.

4. Open data is available from the moment of its direct production or receipt from the owner of the information without any other direct or indirect guarantees not provided for in these terms of use.

5. The consumer has the exclusive right to process open data. During this processing, the consumer undertakes not to distort the content of open data, its original source and time of last update, and not to involve a third party in the processing process.

draw your attention to that in accordance with Part 5 of Article 7 of Federal Law No. 149-FZ, information in the form of open data that constitutes a state secret is not subject to publication and distribution.

Restrictions on access to information are established by federal laws in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensure the defense of the country and state security (Part 1 of Article 9 of Federal Law No. 149-FZ).

When publishing information containing personal data, the developers anonymized the data in accordance with current legislation.

Model terms of use of open data

In accordance with subparagraph 1 of paragraph 3 of Article 6 of the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection” (hereinafter referred to as Federal Law No. 149-FZ), the owner of the information has the right to determine the procedure and conditions for access to information, as well as permit other actions with information. Information posted in the form of open data is publicly available (clause 4 of Article 7 of Federal Law No. 149-FZ), which means there are no restrictions on its use (clause 1 of Article 7 of Federal Law No. 149-FZ).

By the decision of the Government Commission for Coordination of Open Government Activities (protocol of absentee voting dated September 19, 2016 No. 6 (clause 1 of section X), the Standard Conditions for the use of publicly available information posted on the information and telecommunications network “Internet” (hereinafter referred to as the “Internet”) were approved. in the form of open data (hereinafter referred to as the Standard Conditions for the Use of Open Data).

The standard conditions for the use of open data contain explanations of the norms of the legislation of the Russian Federation on information, information technology and information protection, the legislation of the Russian Federation on ensuring access to information on the activities of state bodies and local governments, as well as by-laws.

In accordance with paragraph 3 of the Protocol, the Federal executive authorities are instructed to ensure the placement of a hyperlink to the Standard Conditions for the Use of Open Data on the pages of data sets on the Internet, including data sets posted before the approval of the Standard Conditions for the Use of Open Data.

In accordance with paragraph 4 of the Protocol, state authorities of the constituent entities of the Russian Federation and local governments are recommended to ensure the placement of a hyperlink to the Standard Conditions for the Use of Open Data on the pages of data sets on the Internet, including data sets posted before the approval of the Standard Conditions for the Use of Open Data .

I. General provisions

1. Providing the User with publicly available information posted on the information and telecommunications network "Internet" (hereinafter referred to as the "Internet") in the form of open data is based on the provisions of these Standard Terms of Use of information posted on the Internet in the form of open data (hereinafter - Standard conditions) defining rights and restrictions on the use of open data.

2. In these Standard Conditions, open data means information posted by its owners on the Internet in a format that allows automated processing without prior human modification for the purpose of its reuse;

Information user - a citizen (individual), organization (legal entity), public association searching for information on the Internet.

3. The beginning of the User’s use of information posted by its owners on the Internet in the form of open data is confirmation of his agreement with these Standard Terms.

II. Placing publicly available information on the Internet information and telecommunications network in the form of open data

4. The general principles of legal regulation of relations arising in the field of information are outlined in the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection” (hereinafter referred to as the Information Law);

5. State bodies and local self-government bodies post information about their activities in the form of open data in accordance with paragraph 2.1 of Article 7 of the Federal Law of February 9, 2009 No. 8-FZ “On ensuring access to information about the activities of state bodies and local self-government bodies” " (hereinafter referred to as the Law on Ensuring Access to Information);

6. Classification of information about the activities of state bodies and local self-government bodies as publicly available information posted in the form of open data is carried out in accordance with the Rules for classifying information as publicly available information posted by state bodies and local government bodies on the information and telecommunications network "Internet" in the form open data approved by Decree of the Government of the Russian Federation of July 10, 2013 No. 583 “On ensuring access to publicly available information on the activities of state bodies and local governments on the Internet information and telecommunications network in the form of open data”;

7. The frequency of publication of publicly available information on the activities of state bodies and local self-government bodies, posted in the form of open data, is determined by the Rules for determining the frequency of posting on the information and telecommunications network "Internet" in the form of open data, publicly available information on the activities of state bodies and local self-government bodies, terms its updates, ensuring the timely implementation and protection by users of their rights and legitimate interests, as well as other requirements for posting this information in the form of open data, approved by Decree of the Government of the Russian Federation of July 10, 2013 No. 583 “On ensuring access to publicly available information about activities state bodies and local governments in the information and telecommunications network "Internet" in the form of open data";

8. Mandatory open data sets are published in accordance with the order of the Government of the Russian Federation dated July 10, 2013 No. 1187-r “On Lists of information on the activities of state bodies and local governments posted on the Internet in the form of open data” .

III. Terms of use of publicly available information posted on the Internet in the form of open data

9. The User’s rights to use open data are determined by the Law on Information and the Law on Ensuring Access to Information:

1) freely search, receive, transmit and distribute open data;

2) receive reliable information in the form of open data about the activities of state bodies and local governments;

3) appeal in the prescribed manner acts and (or) actions (inaction) of state bodies and local self-government bodies, their officials, violating the right to access information in the form of open data about the activities of state bodies and local self-government bodies and the established procedure for its implementation;

10. The User’s obligations when using open data are established by the requirements of the Information Law:

1) use open data only for legal purposes;

3) upon subsequent use of information received by the User in the form of open data, present it in a reliable form in accordance with paragraph 7 of Article 8 of the Information Law.

IV. Final provisions

11. In accordance with paragraph 2 of Article 4 of the Federal Law of February 9, 2009 No. 8-FZ “On ensuring access to information on the activities of state bodies and local self-government bodies”, a state body or local government body that has posted open data on the Internet ", guarantees that the information is reliable, relevant, publicly available and does not relate to information constituting a state secret, and the use of this data does not violate the rights of third parties.

12. To use open data, the User is not required to enter into an agreement with a government agency or local government body that has posted open data on the Internet. Information about the activities of government bodies of the Russian Federation, posted in the form of open data, is publicly available in accordance with the Law on Information and the Law on Ensuring Access to Information, does not provide for restrictions on its use and does not require specialized agreements and licenses.

13. In accordance with the Standard Terms, Users of Open Data are not limited in their use for non-commercial and commercial purposes.

14. For failure to comply with these Standard Conditions when using open data, the User bears responsibility established by the legislation of the Russian Federation. If disputes arise regarding the use of open data, the judicial procedure for resolving disputes is applied.

Document overview

Standard conditions for the use of publicly available information posted on the Internet in the form of open data have been approved.

It is clarified that open data refers to information posted on the Internet in a format that allows automated processing without prior human modification for the purpose of reuse.

The legal basis for posting this information on the Internet by government agencies and local governments is provided.

The rights and responsibilities of information users, who may be citizens, organizations, and public associations, are listed. In particular, they have the right to receive reliable information about the activities of these bodies. At the same time, they are obliged to use the received data only for legal purposes.

To use open data, you do not need to enter into an agreement with the body that posted it on the Internet. Users have the right to unrestricted use of them for both non-commercial and commercial purposes.

Disputes regarding the use of such information are resolved in court.

Standard terms and conditions for the use of publicly available information,
posted on the Internet information and telecommunications network in the form of open data

I. General provisions

Information user - a citizen (individual), organization (legal entity), public association searching for information on the Internet.

3. The beginning of the User’s use of information posted by its owners on the Internet in the form of open data is confirmation of his agreement with these Standard Terms.

II. Placing publicly available information on the Internet information and telecommunications network in the form of open data

III. Terms of use of publicly available information posted on the Internet in the form of open data

9. The User’s rights to use open data are determined by the Law on Information and the Law on Ensuring Access to Information:

1) freely search, receive, transmit and distribute open data;

2) receive reliable information in the form of open data about the activities of state bodies and local governments;

10. The User’s obligations when using open data are established by the requirements of the Information Law:

1) use open data only for legal purposes;

3) upon subsequent use of information received by the User in the form of open data, present it in a reliable form in accordance with paragraph 7 of Article 8 of the Information Law.

IV. Final provisions

13. In accordance with the Standard Terms, Users of Open Data are not limited in their use for non-commercial and commercial purposes.

APPROVED by the protocol of absentee voting of the Government Commission for Coordination of Open Government Activities dated September 19, 2016 No. 6
STANDARD CONDITIONS for the use of publicly available information posted on the Internet information and telecommunications network in the form of open data

I. General provisions
1. Providing the User with publicly available information posted on the information and telecommunications network "Internet" (hereinafter referred to as the "Internet") in the form of open data is based on the provisions of these Standard Terms of Use of information posted on the Internet in the form of open data (hereinafter - Standard conditions) defining rights and restrictions on the use of open data. 2. In these Standard Conditions, open data means information posted by its owners on the Internet in a format that allows automated processing without prior human modification for the purpose of its reuse; Information user - a citizen (individual), organization (legal entity), public association searching for information on the Internet. 3. The beginning of the User’s use of information posted by its owners on the Internet in the form of open data is confirmation of his agreement with these Standard Terms.

II. Placing publicly available information on the Internet in the form of open data
4. The general principles of legal regulation of relations arising in the field of information are outlined in the Federal Law of July 27, 2006.
No. 149-FZ “On information, information technologies and information protection” (hereinafter referred to as the Information Law); 5. State bodies and local self-government bodies post information about their activities in the form of open data in accordance with paragraph 2.1 of Article 7 of the Federal Law of February 9, 2009 No. 8-FZ “On ensuring access to information about the activities of state bodies and local self-government bodies” " (hereinafter referred to as the Law on Ensuring Access to Information); 6. Classification of information about the activities of state bodies and local self-government bodies as publicly available information posted in the form of open data is carried out in accordance with the Rules for classifying information as publicly available information posted by state bodies and local government bodies on the information and telecommunications network "Internet" in the form open data approved by Decree of the Government of the Russian Federation of July 10, 2013 No. 583 “On ensuring access to publicly available information on the activities of state bodies and local governments on the Internet information and telecommunications network in the form of open data”; 7. The frequency of publication of publicly available information on the activities of state bodies and local self-government bodies, posted in the form of open data, is determined by the Rules for determining the frequency of posting on the information and telecommunications network "Internet" in the form of open data, publicly available information on the activities of state bodies and local self-government bodies, terms its updates, ensuring the timely implementation and protection by users of their rights and legitimate interests, as well as other requirements for posting this information in the form of open data, approved by Decree of the Government of the Russian Federation of July 10, 2013 No. 583 “On ensuring access to publicly available information about activities state bodies and local governments in the information and telecommunications network "Internet" in the form of open data"; 8. Mandatory open data sets are published in accordance with the order of the Government of the Russian Federation dated July 10, 2013 No. 1187-r “On Lists of information on the activities of state bodies and local governments posted on the Internet in the form of open data” .

III. Terms of use of publicly available information posted on the Internet in the form of open data
9. The User’s rights to use open data are determined by the Law on Information and the Law on Ensuring Access to Information: 1) freely search, receive, transmit and distribute open data; 2) receive reliable information in the form of open data about the activities of state bodies and local governments; 3) appeal in the prescribed manner acts and (or) actions (inaction) of state bodies and local self-government bodies, their officials, violating the right to access information in the form of open data about the activities of state bodies and local self-government bodies and the established procedure for its implementation; 10. The User’s obligations when using open data are established by the requirements of the Information Law: 1) use open data only for legal purposes; 2) indicate a link to the source of open data; 3) upon subsequent use of information received by the User in the form of open data, present it in a reliable form in accordance with paragraph 7 of Article 8 of the Information Law.

IV. Final provisions
11. In accordance with paragraph 2 of Article 4 of the Federal Law of February 9, 2009 No. 8-FZ “On ensuring access to information on the activities of state bodies and local self-government bodies”, a state body or local government body that has posted open data on the Internet ", guarantees that the information is reliable, relevant, publicly available and does not relate to information constituting a state secret, and the use of this data does not violate the rights of third parties. 12. To use open data, the User is not required to enter into an agreement with a government agency or local government body that has posted open data on the Internet. Information about the activities of government bodies of the Russian Federation, posted in the form of open data, is publicly available in accordance with the Law on Information and the Law on Ensuring Access to Information, not
provides restrictions on its use and does not require specialized agreements and licenses. 13. In accordance with the Standard Terms, Users of Open Data are not limited in their use for non-commercial and commercial purposes. 14. For failure to comply with these Standard Conditions when using open data, the User bears responsibility established by the legislation of the Russian Federation. If disputes arise regarding the use of open data, the judicial procedure for resolving disputes is applied.