Punishment for interference with privacy and how to exercise your right to privacy protection

What does the right to privacy mean?

The Constitution of the Russian Federation enshrines a guarantee of privacy. A citizen has the right to protect the inviolability of private life and family secrets, and to defend his honor by legal methods.

The general rules for protecting personal life are determined by the Constitutional Court of the Russian Federation:

personal information;
the ability for a citizen to control the non-distribution of personal information;
the possibility of obtaining assistance from law enforcement agencies;
guarantee of privacy by the state;
prohibition of using personal data without the permission of the owner.

The Constitution and the Declaration of Human Rights establishes the only basis for ignoring the right to protection of private life - a judicial decision that allows non-consensual interference.

In other cases, you can hire a lawyer and go to court.

The main situations requiring protection of privacy are:

Violation of the privacy of existence.
Public disclosure of facts that violate private interests.
Assignment of appearance, name.
Spreading false information.

Agreement

The sample transfer of personal data to third parties, which will be posted below, must be drawn up in accordance with all the rules, in accordance with the law and regulations noted in the legal acts of the company or enterprise. There is an unspoken instruction regarding special requirements for the preparation of this document, which is recommended to be in writing:

A header indicating the full name of the company, as well as the full name and position of the manager to whom the paper is addressed.
Below is the full name and position of the employee, passport details, and place of residence.
The essence of consent to the transfer of personal data to third parties, sample: “I authorize the provision of my information and its processing in my interests in accordance with Federal Law No. 152” (can be written in free form).
List of what will be processed.
List of persons and legal organizations to whom data can be transferred.
The nature of the planned analysis: mixed, systematized, including subsequent storage, transfer, depersonalization, destruction.
Validity.
The procedure and external circumstances under which an employee has the right to revoke the authority of a document.
Conclusion.

What to do when privacy and family life is violated

The police are investigating the violation of privacy. An allegation of violation of privacy is filed.

Important:
When filing an application, it is worth considering that the police are obliged to verify the fact of a crime of violation of privacy and you need to provide evidence.

If false information is disseminated, witness testimony, photographs, video materials, and documentary evidence must be provided. A knowingly false denunciation faces criminal liability (Article 306 of the Criminal Code of the Russian Federation). Confirmation of the stated information is accompanied by the initiation of a criminal case.

The protection of privacy is implemented by the court. It is permissible to file a claim for compensation for damage caused. Non-material damage may also be compensated. The refusal of the police to initiate a criminal case regarding the protection of a person’s right to privacy can be challenged in the prosecutor’s office or in court.

Confidentiality

For any purposeful collection of information, consent to the transfer of personal data to third parties must be present. Without an official signed document, no one has the right to verify certain personal data. The Federal Law prescribes the preservation of received information, therefore operators and consultants with access to data do not have the right to distribute it without the consent of the subject. Analysis of information is carried out only with written permission. If the rules and principles of disclosure of personal data, as well as the confidentiality of existing information about a citizen, are violated, the representative is subject to a certain liability. Most often, a fine, and in rare exceptional cases, a more serious punishment.

Liability for violation of privacy

Violation of the inviolability of private and family life is fraught with prosecution of the violator under the Criminal Code of the Russian Federation. Responsibility is expressed by the collection of a fine, forced correctional labor, and imprisonment. The measure is determined by the imputed article of the Criminal Code.

Article 137 Violation of privacy

Reason for use: collection of private information, dissemination of personal/family secrets, public dissemination of individual information.

Example
– the employer collects information about the employee with the help of third parties, or the psychologist tells the content of work conversations to an outside party.

The minimum penalty is a fine of 200,000 rubles maximum, the maximum penalty is imprisonment for a period of 3 years.

Committing an act using one's official position increases the degree of guilt. The maximum fine is 300,000 rubles; maximum imprisonment is imposed for 4 years.

Illegal dissemination of private information in public is punishable more seriously. The fine reaches 350,000 rubles; the violator can be deprived of liberty for a period of 6 years. Other types of liability are being tightened.

Article 138 Violation of confidentiality of correspondence

The basis is the illegal dissemination of information obtained from someone else’s correspondence or other exchange of information by third parties.

Example
– someone opened someone else’s letter, sharing the contents with strangers.

The violator is awarded a fine of no more than 80,000 rubles or compulsory/forced labor for no more than 12 months. The commission of an action by an official tightens the measure. Variations of liability range from a maximum fine of 300,000 rubles to a four-year prison term.

Article 138.1 Illegal trafficking of special technical means...

There is a risk of involving the use of various special means to obtain personal information. An example is the installation of a listening device.

Federal law provides for the protection of personal life through a fine of up to 200,000 rubles and four years' imprisonment.

Article 139 Violation of the inviolability of the home

You cannot cross the threshold of his home without a person’s consent. The resident may not be the owner. The very fact of legal residence is important.

Example
– representatives of the supposed management company enter against the will of the owner. No documents confirming the right to inspect the property controlled by the management company are provided.

Violation of privacy and home is punishable by a maximum fine of 40,000 rubles. The maximum penalty is arrest for 3 months.

Entering a home against the will of the resident with the use of violence (threats) tightens the measure. The fine reaches 200,000 rubles, imprisonment for 2 years.

Responsibility for violation of privacy for employees who used their official position is expressed by a fine of up to 350,000 rubles, arrest of up to 4 months, imprisonment of up to 3 years. A ban on holding certain positions for 5 years or forced labor for a maximum of 3 years is possible.

Phone call

Transferring personal data to third parties, namely a telephone number and related information about its owner, including a detailed description of financial wealth and marital status, level of education, is also considered a violation of the law.

Similar cases may arise when credit companies or firms wishing to get new clients may ask for information about friends and relatives who may be interested in the proposed service. Many, not suspecting anything wrong, without a doubt provide consultants with the necessary information about phone numbers, their owners, even their level of earnings. At first glance, ordinary information, but published without the consent of the owner, can become part of an administrative offense - Article 13.11 of the Code of Administrative Offenses of the Russian Federation, for neglecting Law 152-FZ “On Personal Data”. To avoid becoming a hostage to an awkward situation, you must avoid transferring personal data to third parties without consent.

When there is a restriction on the right to privacy

The law allows cases of ignoring the protection of privacy. According to Article 9 of the Law on Operational-Investigative Activities, the secrecy of correspondence, messages, and other manifestations of privacy is violated by a court decision. The authorized bodies are required to submit a petition to the court, justifying the need for the violation.

Threats to the privacy of citizens from law enforcement agencies arise in cases that require urgent obtaining of information. For example, involvement in a serious crime, the likelihood of the criminal hiding. Law enforcement officers can carry out any event that infringes on a citizen’s privacy. After the event is completed, the court is notified within 24 hours.

The Constitutional Court of the Russian Federation explains: every individual case of violation of privacy requires a thorough examination of the circumstances.

Other types of liability and related sanctions

There is also a civil law type of violation for the transfer of personal data to third parties, Article 15 of the Civil Code, when losses are caused (costs for restoring a violated right, lost income) by circumventing the law. Then the sanction is compensation for the damage caused. When causing moral damage under Art. 24 of the Law on Personal Data, Art. 151 of the Civil Code also provides for its compensation, most often in monetary terms.

Disciplinary liability applies to employees of an enterprise who were caught disclosing and transferring personal data to third parties, Article 81, Part 1, Clause 6, Subclause “c” of the Labor Code, as a result of which dismissal is provided. For other violations in this area, Art. 90 and 192 of the Labor Code implies a reprimand or reprimand.

Foreign standards

In countries near and far abroad, it is customary to distinguish two approaches to determining personal data. In the Netherlands, New Zealand and Sweden, any information about a specific person is considered such; in the UK, the concept is detailed, establishing criteria and categories. English-speaking neighbors do not allow the collection of information about racial origin, religious and political views, mental health, criminal history and sexual orientation. In the United States, there is a law that prohibits managers from investigating the background of employees. If an entrepreneur wants to find out everything about his subordinate, he needs to take written permission from him.

In Russia, this concept may vary from the principles of the organization, but, in essence, it is the information necessary for the employer to establish labor relations. There is no specific list by law. The type of information required is determined by the company's regulations within the framework of federal legislation.

Federal Law No. 152 states that personal information can be any information about a specific person, including his last name and initials, date and place of birth, information about social status, marital status, level of property wealth, education, and fixed income. Depending on the purpose of processing the available data, the list may be expanded or modified.

Every time you have to sign important documents, you need to pay attention to whether you consent to the collection and processing of information about yourself, as well as whether personal data can subsequently be used and transferred to third parties. If there has been a violation of the law, moral or material damage caused as a result of the disclosure of personal information, it is recommended to boldly file a claim in court, which provides for administrative fines and other sanctions. If there is no documented evidence of information leakage, unfortunately, it will be difficult to prove a violation of the law.

How are others?

In the 21st century, almost all Western countries have adopted laws that regulate the collection and processing of personal information. Italy and France have introduced a ban for employers to collect personal information about employees, unless we are talking about professional qualities and qualification requirements, which are necessary in work activities. Other countries are also trying to limit the widespread processing of personal data, as well as information related to race, political or religious views, social status, sexual preferences, membership in organizations, alcohol consumption, health, and property status.