Any citizen living according to the laws of a legal society has the right to count on the protection by the state of values of a universally significant nature - not only life, health and property, but also honor, dignity and reputation. But no less important for a person is a category of a different kind - privacy. How is this “intangible value” protected and what threatens a person who infringes on this right?
Personal life is one of the main values of a person, and therefore personal and family secrets are protected not just by law, but by the Constitution of the Russian Federation.
What is meant by the private life of a citizen?
Each of us is confident that events and experiences of a personal nature will never become public property unless we ourselves want it. Especially in the age of Instagram and YouTube, when almost everyone strives to film and show the whole world something shocking or funny. Random passers-by are not always happy to be in the frame, and if we are talking about an exposing or revealing false video, then any person has the right to fear for his reputation and demand protection from the state.
But the main danger comes from personal data (full name, residential address, etc.). It is obvious that information about us in certain areas of life reaches people, on whose integrity the preservation of their confidentiality depends.
So who can distribute our data:
- Data that contains private elements is requested by organizations for lending and servicing personal technical devices.
- Education workers, doctors, notaries and lawyers, and clergy, among others, may have access to personal moments.
The right to private life is enshrined in Articles 23 and 24 of the Constitution of the Russian Federation.
It implies not only non-interference in personal events on the part of unauthorized persons or government bodies, but also a ban on the collection of data about a law-abiding citizen and their illegal storage without his consent.
What else is included in a person’s private life?
Additionally, the following personal data of a person is protected:
- In addition, the use and disclosure of information about people’s private lives and family secrets (including the secrets of adoption and relationships between relatives and spouses) is prohibited.
- The definition of private life also includes the secrecy of correspondence and personal negotiations, as well as the use of a citizen’s external data and the facts of his private life to one’s advantage.
- This definition includes all information about personal and spiritual life that the person himself does not want to make public. These include sexual and religious preferences, hobbies, aspects of perception of the surrounding world, property relations within the family and the life plans of a citizen.
In addition, even for disclosing your life schedule or walking routine with children and dogs, you already face liability, because this may pose a threat to your life and health. For example, if this information is sold to ill-wishers who want to cause harm.
The private life of a citizen is the whole complex of events and feelings of a personal and family nature, bearing signs of being closed from third parties and organizations, but not contradicting the law.
What is privacy
Private life is the right of a person to choose a course of behavior in accordance with his views, interests and needs. A person can have his own goals, beliefs and worldview. No one has the right to force him to change the nature of his actions or discuss his actions publicly. The exception is cases when a person’s behavior is contrary to the rules of the law and social rules.
Private life is built on the basis of several constitutional principles:
- inviolability of housing;
- maintaining family secrets;
- refusal of relatives to testify against each other;
- organizing everyday life in any convenient way and manner;
- secrecy of the contents of letters and messages;
- medical secrecy;
- freedom of choice of faith and religion.
The criteria listed above are outside of a person’s work, service, or social activity. Consequently, they can remain protected from the intrusion of public discussion and criticism. The state also does not have the right to intrude into private life if its manifestations are not in the nature of illegal acts.
Authorized invasion of privacy
Of course, not every person has the right to privacy. If law enforcement officers interfere in the personal life of a citizen, then they have good reasons for this. As a rule, this is to ensure the safety of society or individual citizens, as well as the restoration of legal justice.
! An unshakable reason to keep control over a citizen’s personal life is his unreliability from the point of view of the law.
Search activities involve the collection of operational information about the alleged person involved in the case:
- Personal Information;
- Registration and actual residence addresses;
- Car make and number;
- Favorite cafes, restaurants;
- Presence of relatives in certain cities, etc.
Permission for this is given only by judicial authorities. After their sanction, you can confiscate a person’s personal correspondence, track his movements, conversations (including by phone and on social networks), and conduct a search in his residential premises.
Without prior judicial authorization, law enforcement officers can act only in emergency situations. The reason may be suspicion that a citizen has committed a crime and fears that he will try to escape from justice.
And even in this case, within 24 hours the court must give an opinion on the legality or illegality of the actions of investigators or interrogators.
Legal control of a person’s life is also his status from a legislative point of view. In other words, a citizen serving a suspended sentence is subject to official supervision. All areas of the offender’s life are monitored. The same thing happens during the first time after a person returns from prison.
Example.
During the interrogation of citizen Pavlov, accused of stealing antiques from an antiques store, he pointed out the presence of accomplices Naumov and Kozlov. Moreover, he said that both accomplices were going to leave and had already purchased tickets. There was no need to delay the search efforts. The investigator considered it possible to ask permission to use surveillance equipment and listen to the suspects' communications. After being convinced of their involvement in the crime, a search was carried out with the sanction of the prosecutor, which brought results - the products were found and the criminals were detained.
If you are in doubt about the legality of an invasion of privacy, consult your attorney immediately.
Right to legal protection
The personal life of any person is considered inviolable, which is guaranteed by Art. 23 of the Constitution, art. 152.2. Civil Code and Art. 137 CC.
According to Art. 152.2 of the Civil Code the following nuances are taken into account:
- it is prohibited to collect or store information about a person’s origin, registration, residential address or personal relationships without obtaining his prior and written consent;
- It is prohibited to use illegally obtained data in scientific or literary works if the rights or interests of a Russian are violated;
- if unlawfully obtained information is on media, then the person has the right to demand its removal through legal proceedings;
- it is permitted to obtain and store data, as well as their use or dissemination, if necessary for the state or society;
- Close relatives take care of the personal information of the deceased person.
According to Art. 137 of the Criminal Code, criminals are held accountable for illegally obtaining or distributing personal information, and especially serious punishment is provided for officials who gain access to this information on the basis of their official position. Severe measures are taken when the personal space of a child is violated, and as a result of such actions he has suffered harm, which can be physical or spiritual.
Disclosure of a person’s personal data is possible only with the written consent of the citizen.
Wrongful violation of the right to privacy
In contrast to what is provided for by law, illegal “participation” in the personal life of a citizen entails punishment up to and including criminal prosecution.
For example, if we are talking about:
- Selling your information to business competitors and ill-wishers;
- Transferring or stealing data to commit fraudulent activities;
- Used to disrupt important transactions or other financial crimes.
When can you not file a claim for unlawful interference with privacy?
Of course, the trial does not concern cases where interference occurs at the level of neighborly gossip and peeking through the keyhole.
And:
- Controlling a teenager’s social media communications by his parents, or accidentally reading a letter addressed to a neighbor and thrown into a nearby mailbox by mistake, are also not punishable.
- You also cannot be charged with controlling the life of your adult relative if he is addicted to drugs, alcohol or gambling.
But if information about a person is collected, stored, and then used without his consent, causing harm to his honor and dignity, moral suffering to him and his family, this is strictly punishable by law.
Types of liability for violation
If the privacy of personal life is violated, which leads to the dissemination of information about a person’s life, then measures are taken against the violator within the framework of the Criminal Code. They are represented by a fine, a real prison term, as well as forced and compulsory labor. The offender loses the right to occupy certain leadership positions. The fine varies from 100 to 300 thousand rubles.
According to Art. 152.2. The Civil Code regulates intrusion or encroachment on a person’s privacy. Based on Art. 23 of the Constitution of the Russian Federation, punishment for such violations can be represented by criminal, civil or administrative liability. The exact choice depends on the severity of the violation and other conditions that may be aggravating or mitigating. According to the administrative code, punishment is imposed in the form of a fine of up to 3 thousand rubles.
According to Art. 138 of the Criminal Code the following punishments are used:
- for the dissemination of secret information, a fine of up to 80 thousand rubles is imposed, which can be replaced by income for 6 months, compulsory work for up to 360 hours, or correctional labor for up to 1 year;
- if such a crime is committed by a person who took advantage of official opportunities, then the sanction ranges from 100 to 300 thousand rubles, and it can be replaced by salary for a period of 1 to 2 years, a ban on holding certain positions for a period of 2 to 5 years, mandatory labor for 480 hours, forced labor for 4 years, arrest for 4 months or prison term for 4 years.
Based on Art. 137 penalties may be used:
- collecting or transmitting illegally obtained data about people’s private lives without first obtaining consent is punishable by a fine of up to 200 thousand rubles, 18 months’ earnings, compulsory labor for 360 hours, forced labor for up to 2 years, deprivation of the right to hold certain positions for 3 years , arrest for 4 months, imprisonment for up to 2 years;
- if these violations are committed by a person who took advantage of his official position, then a fine of 100 to 300 thousand rubles will be charged. or earnings for a period of 1 to 2 years, and also deprivation of the right to hold certain positions for a period of 2 to 5 years, forced labor for up to 4 years, arrest for 6 months, and a prison term for up to 4 years;
- if confidential information is disseminated by illegal means in the media or during speeches indicating the identity of a minor who is not yet 16 years old, which leads to physical or spiritual harm to the child, then the fine ranges from 150 to 350 thousand rubles, and a sanction is also imposed, equal to the salary of the culprit from 18 months to three years, deprivation of the right to occupy leadership positions for a period of 3 to 5 years, forced labor for 5 years, arrest for six months or a prison term for 6 years.
Important! The exact punishment is determined only by the judge while studying all the materials attached to the case under consideration.
The culprit is not held accountable if the violation is minor. For example, if a neighbor overheard conversations or took some letters from the mailbox of other residents of the houses. Parents often read their child's correspondence, which is not a significant crime, since they are not distributing information or trying to harm the child.
What harm can the collection and dissemination of personal data cause?
In addition to moral suffering, the use of personal data can also cause quite significant material damage. This happens in cases of taking advantage of:
- Citizen's appearance;
- Passport data;
- Facts from his personal life (for example, for falsifying documents in obtaining a loan, fabricating deliberately false evidence for accusations).
Complicating the situation is the resort of attackers to tools that facilitate the collection of personal data. These are a variety of tracking devices that are prohibited by law: for example, all kinds of bugs, recording devices, hidden cameras.
On the issues raised in the article, more complete information can be obtained by contacting the lawyers on our website. Communication is free and around the clock.
Types of violation of privacy rights
So, if privacy is violated, then you can be held accountable only in the following cases when it happens:
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- Publication of personal facts that the citizen concerned would prefer to keep secret.
- Direct invasion of privacy by collecting confidential information and threatening to disclose it.
- Using a person’s personality for one’s own purposes (appearance, voice, gait, clothing, passport data and information obtained from him). Most often, the external data of some significant person (artist, politician) is used in order to “promote” the business.
- Tampering with evidence to knowingly accuse a person falsely by using personal facts and information. That is, the presentation of facts about a person that influence his “face” and distort the actual state of affairs.
The main thing that needs to be proven is: purposeful collection of personal data to achieve personal gain.
Offenders' goals
Why do attackers commit crimes related to violation of the privacy rights of citizens?
- Most often, of course, for financial reasons. The goal is to obtain benefits in the form of, for example, inheritance, credit or other valuables as a result of discrediting, losing a person’s good name, or using his external and passport data for a crime of a financial nature.
- Elimination of a person as a political competitor, a contender for a significant position is the second most important motive. Disclosure of facts and secrets of a citizen's personal life can destroy his professional or political career. Even punishing the offender cannot completely eliminate the harm he has caused.
- Motives for revenge. The goal is: To discredit a person who has brought trouble to the offender or his family;
- Destroy intrafamily relationships;
- Uncover the secrets of adoption.
Criminals can achieve their goals in different ways. This may include the illegal acquisition and use of tracking devices; obtaining confidential information by bribing an official (for example, a doctor, an archive worker, a notary).
Information obtained in a confidential conversation, in a stressful situation or under the influence of psychological factors is also used.
Family secrets have the strongest protection in adoption matters.
Signs of qualification: when will the punishment be toughened?
Like most crimes, violation of the privacy of citizens has its own qualifying (aggravating) characteristics.
- The collection of data about a person can take place using the official position of the person interested in it. As you know, a citizen endowed with power also has much more resources to penetrate personal life and use such information in his own interests.
- A “complicating” sign is the penetration into the secrecy of correspondence, postal items, and the replication of information about this in public resources.
- The dissemination of personal information on social networks or other media that directly affects children and adolescents has more than once led to tragedies. The danger of consequences that could result from the dissemination of information about a minor was the reason for giving such crimes a qualifying attribute.
- Use of illegally acquired tracking devices, listening devices and other devices for collecting and storing confidential information. This also applies to the manufacture, storage and sale of such devices. Only law enforcement agencies have the right to use them in the interests of the investigation.
In other words, if the information became public domain or was used to cause major material and physical harm.
Example.
Citizen Sintsova filed a complaint with the police about a violation of her privacy rights. In it, she said that her teenage daughter is registered and undergoes periodic treatment with a psychiatrist at the local clinic, Petrova.
Petrova recently published information about her daughter Sintsova at her training seminar, citing as an example a case from medical practice. This seminar was also posted on her website on the Internet.
Not only was there a disclosure of medical confidentiality, but also the interests of a minor child and his parents were affected.
The crime has two qualifying features at once - abuse of official position and infringement of the rights of a minor child.
Correspondence Law
There are several federal regulations that guarantee the right to privacy of correspondence. This includes the Constitution of the Russian Federation, Art. 152.2 of the Civil Code, the Law “On Communications” and Art. 138. Basic information is contained in the provisions of the Federal Law “On Communications”. Here is a definition of communication privacy, which means that during correspondence, telephone conversations or communication over the Internet, the use or distribution of personal information is not allowed.
Reference! The mobile operator is responsible for storing this data, and a citizen’s right to confidentiality can only be violated if there is an appropriate court decision.
Measures of liability for violation of such rights by citizens or representatives of various institutions are contained in the provisions of Art. 138 of the Criminal Code.
Where to go for protection?
If the privacy of a citizen is violated, he should seek protection from the guardians of the law. First of all, you need to write a statement to the police.
An application for interference with privacy is submitted to the police department at the place of residence.
The document is drawn up without any special rules, according to a generally accepted template.
- The “header” of the application contains the name of the body to which the document is sent, the full name and address of the applicant and his telephone number.
- Detailed description of the circumstances of the case. This part indicates by whom, in what form, and how personal information was disseminated. It is indicated what consequences this illegal act led to, and where the offender received the information from.
- It tells about the damage caused in the form of moral suffering or some other form (for example, after the dissemination of information about his personal life, a person was hospitalized with a heart attack and soon died).
- Please bring the culprit to justice.
- The following is a list of documents presented in the form of evidence (if any) and an assurance of the veracity of the above on the part of the applicant (so as not to be prosecuted for knowingly false denunciation).
- Date and signature.
The amount of moral or material damage can only be recovered through the court.
You can send an application to the court in a similar form, only with a request to compensate for the harm caused to the victim. There is no state duty.
How the law protects citizens
There are several regulations that ensure the immunity of Russians. Therefore, information from the following documents is taken into account:
- Art. 23 of the Constitution of the Russian Federation;
- Art. 152.2 of the Civil Code, containing data on the protection of personal information;
- Art. 137 of the Criminal Code, which provides for the main measures of liability applied to persons who commit any illegal actions that violate the integrity of another citizen.
According to the Constitution of the Russian Federation, every Russian has the right to secrets. If necessary, you can defend your good name and positive reputation. This even includes the secrecy of correspondence and telephone conversations.
The restriction is lifted only if there is a court decision, if a criminal case has been opened against a person, therefore information obtained from correspondence or telephone conversations acts as evidence of a person’s crime or innocence.
