In hours 1 tbsp. 24 of the Constitution of the Russian Federation establishes a ban on the distribution, use, collection, storage of information about the personal life of a citizen without his consent. This regulation is intended to protect the privacy of any person.
According to Part 2 of Art. 24 of the Constitution of the Russian Federation , structures of local and state authorities, their employees are obliged to provide the interested subject with the opportunity to familiarize themselves with information directly affecting their duties and rights, unless otherwise provided by law. The clause present in the second part relates to information classified as state or other secret.
Consider the features of the application of Art. 24 of the Constitution of the Russian Federation with the comments of lawyers.
Relevance of the issue
Part 1 of Article 24 of the Constitution of the Russian Federation attaches particular importance to the protection of information about a person’s personal life. Any unauthorized intrusion into the sphere of private life, firstly, diminishes the dignity of a person, makes the person an object of external manipulation, and secondly, is a real threat to the right to inviolability of family, personal relations, other freedoms and rights associated with the individual’s self-determination.
Analyzing Art. 24 of the Constitution of the Russian Federation with expert comments , it should be noted that experts pay attention to the problems of information protection of the person that existed under the domination of totalitarian regimes of the twentieth century, and remain unresolved today. In the modern world, a person remains unprotected due to the emergence and improvement of a variety of technical means, allowing without any difficulty to invade personal life, and often this happens completely anonymously.
Today, computer systems are capable of storing, storing, processing, and using information about a person. Moreover, the confidentiality of information is not always guaranteed .
Privacy protection
Article 24 of the Constitution of Russia establishes a person’s right to keep information related to his personality secret. The principle of informational non-interference in private life is based on self-determination, individual autonomy, citizen freedom in an intimate, private sphere of life, delimited from external public and state control.
Private life is an area that should not be addressed by legal regulation. The line between public and private must be defended.
Confidentiality of Information
Currently, special Law No. 149 is in force that regulates the treatment of information, information technology and data protection. In this regulatory act, information is defined as information provided in various forms.
Confidentiality - the requirement not to transfer data to unauthorized entities without the consent of their carrier. The relevant provision is enshrined in Art. 2 Federal Law No. 149.
Any information about a person’s private life is confidential. Meanwhile, to determine all such data is rather difficult and, in general, impractical, because otherwise the concept of the sphere of private life would inevitably be narrowed, and the amount of guaranteed protection, in turn, would decrease.
Protected Data Categories
By imposing a ban on actions with personal data , article 24 of the Constitution of the Russian Federation does not specify information that relates to private life.
Analyzing the norms of legislation, it can be concluded that information on racial, religious, social affiliation, spiritual world, beliefs, opinions, intimate, family relationships, health, membership in any social groups, professional activities, property, income, etc. should be considered confidential. facts of life, biographies that the subject does not consider possible to publish.
A citizen independently determines information, the confidentiality of which must be maintained, the level of sensitivity for him of data, the disclosure of which will entail moral suffering.
Legal processing and use of information
In h. 2 Article 24 of the Constitution of the Russian Federation refers to authorities (state / local) that are required to provide a person with access to data that directly relates to his rights and obligations.
These structures include:
- ATS units.
- Accounting and registration authorities.
- Tax service.
In addition, medical institutions, insurance, banking companies, service companies (utilities providers), insurance, marketing and other commercial organizations possess personal information about the subject.
Personal data
The rules for working with such information are established by the Federal Law No. 152. The provisions of this normative act specify and develop the requirements of Article 24 of the Constitution of the Russian Federation .
In accordance with Law No. 152, information related to a specific individual is considered personal data, including:
- FULL NAME.
- Date of birth (day, month and year).
- Property, family, social status.
- The amount of income.
- Education.
- Profession, etc.
Separately in Art. 11 of the Law refers to the biometric data of a person.
Data Processing Specifics
Like Art. 24 of the Constitution of the Russian Federation, Law No. 152 indicates the obligation to obtain consent from a data carrier for subsequent data processing. The exception is situations stipulated by other legislative acts.
152-FZ requires the collection of personal information by legal means solely for the purposes stated by the operator as part of its authority. Information must be reliable and accurate. The amount of information should not exceed the amount necessary to achieve the stated processing goal.
The consent of the holder of personal data must be in writing.
Nuances
Federal Law No. 152 prohibits the collection and processing of certain categories of information. These include, in particular, information about intimate life, nationality, philosophical / religious beliefs, political views, and health status.
However, there are exceptions to this rule.
Key condition for processing information
Work with personal data cannot give rise to any legal consequences for its holder.
Under certain conditions, the owner of the information gets access to the processed data, information about the source from which they are obtained, their content, methods and goals of working with the information. In addition, legislation gives the data carrier the right to demand their clarification, destruction or blocking.
The control
Pursuant to the requirements of Art. 24 of the Constitution of the Russian Federation , the operator must take measures of an organizational and technical nature aimed at ensuring the protection of personal information from unlawful, unauthorized access to it, copying, illegal distribution and other similar actions.
Supervision of compliance with the requirements in the processing of data is entrusted to the federal executive power structure authorized to implement the control functions in the field of communications and information technologies.
Responsibility
Violation of the requirements provided for in Art. 24 of the Constitution of the Russian Federation , as well as Federal Law No. 152, entails administrative, civil, disciplinary and other sanctions.
Violations of the confidentiality of information that pose a special danger are punishable under the Criminal Code. Such acts, in particular, include:
- Violation of privacy. The structure of this encroachment includes unlawful collection, dissemination of data on the private side of the life of the subject without his consent, i.e., a direct violation of the provisions of Art. 24 of the Constitution of the Russian Federation .
- Illegal receipt and disclosure of data related to tax, commercial, banking and other secrets.
- Violation of confidentiality of communication.
- Illegal access to computer data.
Additionally
However, it should be noted that a person’s right to ensure the protection of his personal information may be limited by virtue of 3 parts 55 of the Constitution.
This exception applies when the processing of information is a measure aimed at protecting the constitutional order, health, morality, interests and rights of other entities, ensuring the defense and security of the country.