Конституция РФ

The Constitutional Right of Everyone to Freely Produce Information in the System of Personal Information Rights

Introduction. The article deals with determining the place of the constitutional right of everyone to freely produce information in the system of personal information rights. Theoretical analysis. The author considers different approaches of scientists to the definition of “human rights in the information sphere”, “information rights”, “right of information”. The author considers correlation of the constitutional right to freely produce information with personal information rights enshrined in part 4 of Art. 29 of the Constitution of the Russian Federation. Results. The author notes that constitutional scientists and experts in information law consider personal information rights as a part of the freedom of speech and press; others consider these rights as a symbol of a whole group of personal rights and freedoms; still others claim that personal information rights fall into the category of public, political rights; at the same time, some scientists believe that these rights belong to the group of personal rights. The author supposes that the rights to seek, receive, transmit and disseminate information are secondary to the right to produce information.

The Constitutional Right of Everyone to Freely Produce Information: Concept and Essence

Introduction. The article deals with a complex analysis of the constitutional legal regulation of the right of everyone to produce information. Theoretical analysis. The author considers various approaches of scientists to the content of the right to information. The right to produce information is generally considered as one of the warrants of the right to information. There is no concept of the production of information in Russian legislation, but at the same time, synonymous terms are used. They reflect the essence of the production of information, such as: “making”, “creation”, “editing”, “processing”, “formation”, “preparation” of information. The author considers constituents of the constitutional formulation that reads «everyone has the right to produce information». Results. The author notes that the right to produce information can be regarded as a subjective constitutional right to create an information product, regardless of its presentation in the process of creative, production and other socially useful activity of a person and citizen, as the right to make, process, prepare and edit information products with the aim of replicating such information. The author proposes to consider the right to produce information as an independent subjective right and formulates her own notion of the constitutional right to produce information.