Relatively recently, the right to privacy has been established in the world. This happened at the end of the 19th century. During bourgeois revolutions, immunity law was widespread in Europe. Normative consolidation was carried out in the legislation of France. In the Bill of Rights and the US Constitution, this right is not fixed positively. However, it is derived from some amendments to the country's Basic Law.
Historical information
The first scientific development of privacy law was reflected in an article by Brendyce and Warren, legal scholars. The work was published in 1890 in the United States. Subsequently, this right was supported by a number of precedents of the Armed Forces of America. The Supreme Court justified its existence and deduced from some amendments to the Constitution. In the 40-50s. The right to privacy was fixed by a number of international treaties. Their norms were implemented (implemented in practice) in the laws of many states, including the USSR and, subsequently, the Russian Federation. The law was subsequently developed in some cases in Strasbourg before the European Court of Justice.
The regulatory framework in Russia
In the Russian Federation, the inviolability of the personal life of citizens is established by Articles 23 and 24 of the Constitution. Among the regulatory acts governing this right are the Federal Law "On Personal Data", the Civil Code, as well as international treaties. Of the latter, the Declaration of Human Rights, the Convention on their Protection, and the International Covenant are of the greatest importance. The privacy of the Russian Federation is protected by Article 137 of the Criminal Code of the Russian Federation.
Main categories
What exactly does article 137 of the Criminal Code protect? Comment can be given as follows.
Human and citizen rights include:
- a ban on the collection, use and storage of information about other people without their permission to do so;
- protection of honor and good name;
- providing independent control of information about yourself;
- protection of individual data;
- secret communications.
The legislator also included the secret of adoption, medical diagnosis, and confession in article 137 of the Criminal Code of the Russian Federation.
Privacy concept
In jurisprudence, this term is designated as the subjective right of a person to maintain that lifestyle, which is provided for by his personal beliefs, moral values and worldview. It does not exist separately from social concepts. For example, rest, which is considered an element of private life, can be considered as a type of social relations.
Features
Private life is based on:
- maintaining the secrecy of those aspects of human existence that are not related to public relations;
- the principle of preservation of personal status.
The main aspects of privacy should include:
- The house, including the right to inviolability of housing.
- Family. In a legal context, a person has the right to non-disclosure of secrets, relatives and relatives may not testify against each other in court.
- Gen. A person has the right to organize relations in his home and family as he sees fit.
- Correspondence. The state guarantees confidentiality of correspondence.
- Health. A person may not disclose the state of his health, the doctor must keep the diagnosis secret.
- Religion. Citizens have the opportunity to freely be in any religious organization or to be atheists.
The above aspects are protected by Articles 137, 138 of the Criminal Code. The legislator provides for various types of liability for violation of these rights.
137 article of the Criminal Code: composition
The norm of the Criminal Code establishes liability for the illegal collection, dissemination and storage of information relating to a citizen’s private life, related to his family or personal secret, without his consent or the dissemination of this information in public speaking, public works or mass media. 137 article of the Criminal Code of the Russian Federation defines as punishment:
- Fine up to 200,000 rubles. or in the amount of the guilty salary or other income for 18 months.
- Mandatory work up to 360 hours.
- Imprisonment for 2 years with a ban on holding certain posts or positions or performing certain activities for up to 3 years.
- Correctional work for 1 year.
- Arrest up to 4 months.
- Forced labor up to 2 years, followed by the deprivation of the right to engage in certain types of activities or to remain in some posts or positions, or without it.
Responsibility for using official position
137 article of the Criminal Code of the Russian Federation for the above acts in this case establishes:
- Deprivation of the right to remain in certain positions or posts or carry out certain activities for a period of 2 to 5 years.
- Arrest up to 6 months.
- Forced labor up to 4 years with the prohibition to perform a number of duties and carry out some activities for five years or without it.
- Fine from 100 to 300 thousand rubles. or in the amount of salary or other income of the perpetrator for a period of one year to 2 years.
- Imprisonment of up to 4 years with a ban on holding a number of posts and positions and carrying out certain activities for five years.
137 article of the Criminal Code for minors
The law protects the privacy rights of persons under the age of 18. In particular, the following is included in Article 137 of the Criminal Code of the Russian Federation.
Dissemination in a publicly displayed work or speech, media or through information and telecommunication networks of data indicating the identity of an injured citizen under the age of 18 in a criminal case or information containing a description of the moral or physical suffering suffered as a result of a crime, resulting in mental illness or other grave consequences are considered illegal.
137 article of the Criminal Code of the Russian Federation establishes the following liability for the above offenses:
- Forced labor up to 5 years with the deprivation of the ability to occupy certain posts or positions or to carry out some activity for 6 years or without it.
- Fine from 150 to 350 thousand rubles. or in the amount of salary or other income of the perpetrator for a period of 18 months. up to 3 years.
- The ban on staying at certain posts or positions for 3-5 years.
- Arrest up to six months.
- Imprisonment of up to 5 years with a ban on staying in certain positions and performing certain actions for 6 years.
Finally
Thus, the state protects the privacy of any citizen, including those who have not reached the age of majority. This allows people to feel free and to understand that they live in a democratic country. In case of violation or infringement of rights, citizens can apply to the court in a general manner. It should be remembered that no one has the right to encroach on the good name, honor and personal life of other people who belong to them from birth.