GIS? or nongis? That is the question

Hi, Habr!

The reason for this publication is the absence of a specific definition of such an entity as a GIS (state information system) on the one hand, and a diverse (sometimes, unacceptable) interpretation of this concept on the other. The correct classification of a system (GIS or non-GIS) is of immediate practical importance: if the system is non-GIS, then a number of mandatory (sometimes serious) requirements will go into the category of recommendations.

What is the state information system? The Federal Law of 27.07.2006 N 149- “On Information, Information Technologies and Information Protection” (hereinafter - the law) contains the concept of an information system (as a whole) and indirectly defines a GIS.

So, an information system is a combination of information contained in databases and information technologies and technical means ensuring its processing (clause 3, article 2 of the said law). The definition is quite a "technical", not referring to the rule of law, and, in my opinion, concrete enough to not cause controversy over the content of the concept. In addition, the presence of such terms as "database", "information technology", "technical means" allows us to make a conclusion with a sufficient degree of confidence that the information system is stored (and operated) in the computer memory.

With the state information system is already more difficult. According to paragraphs.1 to p. Art. 13 state information systems are federal information systems and regional information systems created on the basis of respectively federal laws, laws of constituent entities of the Russian Federation, on the basis of legal acts of state bodies. What conclusions can be drawn from this concept?

1. State systems are federal and regional.
2. Federal state systems are created on the basis of federal law or an act of a federal government body.
3. Regional state systems are created on the basis of the laws of the subjects or an act of a regional government body.

Further, Art. 14 of the law defines the goals of creating a GIS - this is the realization of the powers of state bodies and ensuring the exchange of information between these bodies, as well as for other purposes established by federal laws. Immediately the question arises, what is a government body? And how, in the context of the law, the concept of “state body” correlates with the concept of “state body”, since the text of the law contains both that and that? For the purposes of this material, we agree that the concepts are identical.

There is no single list of goals for creating a GIS, but the law itself defines a completely obvious goal as the realization of powers and the exchange of information.

"Authority" dictionary S.I. Ozhegova defines as “the right of any activity, conducting business” officially granted to someone. Each state body has its own powers, the study of which allows to conclude that the powers reveal the functionality of the body and, in a simplified sense, answer the question of why a particular body was created. In other words, powers are not all the activities that the body carries out, but only the one that characterizes the body specifically taken. Industry-wide activities such as accounting, personnel records, compliance with standards in the field of labor protection, environmental standards, etc. not included in the concept of authority. It is permissible, in my opinion, to use such an approach to resolving the issue: to open a provision on a state body, a section of authority and determine what specific authority the information system implements. If the answer is found, this is a very convincing argument in favor of considering the information system as the state.

According to paragraph 3 of Art. The 14 sources of information for GIS are statistical and other documented information provided by citizens (individuals), organizations, government bodies, local governments. Judging from the sources, it is obvious that the information content of a GIS cannot consist of the results of the internal activity of one particular state body.
Government of the Russian Federation Resolution of July 06, 2015. No. 676 approved "Requirements for the order of creation, development, commissioning, operation and decommissioning of state information systems and further storage of 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 authorities, and for the governing bodies of state extra-budgetary funds, local governments, these requirements are not requirements, since they are recommendatory in nature.

Clause 1 (1) of these Requirements lists the main requirements to be implemented during the creation, development, commissioning, operation and decommissioning of a GIS:

• requirements of regulators of the FSB and FSTEC;
• requirements for the organization and measures to protect information contained in the GIS;
• requirements for the protection of personal data, if they 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 met everywhere, i.e. all organs. There is a contradiction between the Decree and the law, but the law has more legal force with all the ensuing consequences.

What of all the above conclusions can be drawn?

GIS is 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);
• created for the exchange of information and for the implementation of the powers of a state body, and the purpose of creation may be determined by federal law;
• content - documented information provided by individuals, organizations, government bodies, local governments;
• GIS is subject to the requirements of the FSTEC and FSB regulators.