What is meant by invasion of privacy?
The Criminal Code treats the collection of personal and family information illegally, as well as its public dissemination, as an invasion of privacy. Also, the private life of citizens is protected by the Civil Code. Article 152.2 specifies a direct prohibition on the receipt and use of personal data, including place of residence, marital status and other personal information. Within the framework of civil law, citizens can, on the basis of Article 150 of the Civil Code of the Russian Federation, demand the protection of intangible benefits.
In addition, Federal Law No. 152 “On the Protection of Personal Data” sets the main goal of protecting human rights and freedoms in the field of privacy, personal and family secrets, when transferring this information to third parties.
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.
Types of invasion of privacy
Invasion of privacy is considered by the Criminal Code to be the collection and storage of information about a citizen’s identity.
Note!
Article 152.2 of the Civil Code means by private life information about origin, place of stay, residence, personal and family life.
Also, Article 152.1 of the Civil Code of the Russian Federation protects images of citizens: the use and publication of photographs, videos and works of art in which a citizen is depicted is possible only with consent.
Invasion of personal affairs
The Federal Law “On Personal Data” defines personal information as any information relating directly to information relating to a directly or indirectly identified and identifiable person.
Obtaining information about the name, date, place of birth, marital status, address, availability of property, level of education and profession is possible only with the consent of the citizen or by court decision. In other cases, gaining access to this data is considered an intrusion into personal affairs.
Note!
Roskomnadzor clarified that the amount of a citizen’s salary and income is personal information and is protected by law.
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.
Assigning a name or appearance
According to Article 19 of the Civil Code, the acquisition of rights and the performance of obligations is carried out under one’s own name.
In addition, according to the Civil Code, Russians have the right to a pseudonym and change their name. Paragraph 4 of Article 19 of the Civil Code of the Russian Federation outlines a ban on acquiring rights under someone else’s name. Moreover, in the second paragraph of this paragraph, the legislator allows the use of a citizen’s name with his consent for creative and entrepreneurial activities, if this does not mislead third parties.
Illegal use of a first and last name is subject to legal protection under Article No. 152 “On the Protection of Honor, Dignity and Business Reputation” and Article No. 151 “Compensation for Moral Damage”
Dissemination of information about private life
This is understood as the publication in the public space, as well as the use in the press or on the Internet, of information about a person without his consent.
Part 3 of norm 137 of the Criminal Code provides for punishment for the publication of information about the identity of a victim in a criminal offense under the age of 16 years.
Mention in the public space of descriptions of the suffering of a minor who has suffered during the commission of a criminal offense entails a financial penalty in favor of the state in the amount of 150 thousand to 300 thousand rubles or the total income of the perpetrator for three years.
Also, a person convicted of violating this provision of the law may be deprived of the opportunity to engage in certain professional activities or be required to perform forced labor for five years. The most severe punishment for disseminating information about private life can be arrest for six months or imprisonment for five years.
Note!
Based on part 4 of norm 152.2 of the Civil Code, citizens have the right to petition the court to delete or confiscate video recordings and other documents containing data about their personal lives.
Data about a citizen’s personal life obtained as part of investigative actions is also protected. According to the Federal Law “On Police,” law enforcement officers may request additional information to identify a citizen, including from medical institutions. The transfer of this information, in accordance with Part 6 of Article 5 of the Law, cannot be transferred to third parties without the consent of the citizen, with the exception of situations of initiation of criminal and administrative cases, when documents are transferred to the investigative authorities and the court.
Responsibility for non-compliance with legal requirements in the field of personal data protection
In accordance with the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” (Article 24), persons guilty of violating the requirements of the Federal Law are subject to penalties provided for by the legislation of the Russian Federation, namely: civil, criminal, administrative, disciplinary and other responsibility. The size and nature of the sanctions are shown in the table below.
Note! On March 26, 2021, the Federal Law of February 24, 2021 No. 19-FZ “On Amendments to the Code of the Russian Federation on Administrative Offenses” came into force, according to which fines for violation of the legislation of the Russian Federation in the field of personal data (Article 13.11) were doubled, for a number of provisions, fines were established for repeated violations and the administrative penalty in the form of a warning was eliminated for some items. For example, if previously the maximum fine for processing personal data without the written consent of the subject was 75,000 rubles, now it is 150,000 rubles. And for a repeated violation – 500,000 rubles. However, fines for different offenses may be cumulative.
It should also be borne in mind that the statute of limitations for bringing to administrative liability for violation of the legislation of the Russian Federation in the field of personal data has been increased from 3 months to 1 year.
The table shows the amount of fines taking into account recent changes.
| NPA | Article | Type of violation | Punishment | |||
| citizens | executive | IP | entity | |||
| Civil liability | ||||||
| Civil Code of the Russian Federation | 15 | Causing losses to a person as a result of violation of the rules for processing his personal data (hereinafter referred to as PD). Losses are understood as:
| Compensation for damages. | |||
| 152-FZ, Civil Code of the Russian Federation | 24, 151 | Causing moral harm to a citizen as a result of violating the rules for processing personal data. | Compensation for moral damage (physical or moral suffering) regardless of compensation for property damage for losses incurred by the subject. | |||
| Criminal liability | ||||||
| Criminal Code of the Russian Federation | 137 (part 1, 2) | Illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent, or dissemination of this information in a public speech, publicly displayed work or the media. |
|
| – | – |
| 137 (part 3) | Illegal dissemination in a public speech, publicly displayed work, mass media or information and telecommunication networks of information indicating the identity of a minor victim under the age of sixteen in a criminal case, or information containing a description of the physical or mental suffering he received in connection with the crime resulting in harm to the health of a minor, or mental disorder of a minor, or other grave consequences. |
| – | – | – | |
| 138 | Violation of the confidentiality of correspondence, telephone conversations, postal, telegraph or other messages. |
|
| – | – | |
| 140 | Unlawful refusal of an official to provide documents and materials collected in the prescribed manner that directly affect the rights and freedoms of a citizen, or provision of incomplete or deliberately false information to a citizen, if these acts caused harm to the rights and legitimate interests of citizens. |
| – | – | – | |
| 272 (part 1) | Unlawful access to legally protected computer information, if this act entailed the destruction, blocking, modification or copying of computer information. |
| – | – | – | |
| 272 (part 2) | Unlawful access to legally protected computer information, if this act caused major damage (the amount of which exceeds 1,000,000 rubles) or was committed out of selfish interest. |
| – | – | – | |
| 272 (part 3) | Acts provided for in Part 1 or Part 2 of Art. 272 of the Criminal Code of the Russian Federation, committed by a group of persons by prior conspiracy or by an organized group or by a person using his official position. |
|
| – | – | |
| 272 (part 4) | Acts provided for in Parts 1-3 of Art. 272, if they caused grave consequences or created a threat of their occurrence. | Imprisonment (up to 7 years). | Imprisonment (up to 7 years). | – | – | |
| Administrative responsibility | ||||||
| Code of Administrative Offenses of the Russian Federation | 5.39 | Unlawful refusal to provide a citizen, including a lawyer in connection with a lawyer’s request received from him, and (or) an organization with information, the provision of which is provided for by federal laws, untimely provision of it, or provision of knowingly false information. | – | Fine from 5,000 to 10,000 rubles. | – | – |
| 13.11 (part 1) | Processing of data in cases not provided for by law. | Fine from 2,000 to 6,000 rubles. For repeated violation – from 4,000 to 12,000 rubles. | Fine from 10,000 to 20,000 rubles. For repeated violation – 20,000 to 50,000 rubles. | For repeated violation - a fine of 50,000 to 100,000 rubles. | Fine from 60,000 to 100,000 rubles. For repeated violation – from 100,000 to 300,000 rubles. | |
| 13.11 (part 2) | Processing of personal data without the written consent of the subject | Fine from 6,000 to 10,000 rubles. For repeated violation – from 10,000 to 20,000 rubles. | Fine from 20,000 to 40,000 rubles. For repeated violation – from 40,000 to 100,000 rubles. | For repeated violation - a fine of 10,000 to 20,000 rubles. | Fine from 30,000 to 150,000 rubles. For repeated violation – from 300,000 to 500,000 rubles. | |
| 13.11 (part 3) | Failure to fulfill the obligation to publish or otherwise provide unrestricted access to a document defining the operator’s policy regarding the processing of personal data, or information about the implemented requirements for the protection of personal data. | Fine from 1,500 to 3,000 rubles. | Fine from 6,000 to 12,000 rubles. | Fine from 10,000 to 20,000 rubles. | Fine from 30,000 to 60,000 rubles. | |
| 13.11 (part 4) | Failure to fulfill the obligation to provide the PD subject with information regarding the processing of his PD. | Fine from 2,000 to 4,000 rubles. | Fine from 8,000 to 12,000 rubles. | Fine from 20,000 to 30,000 rubles. | Fine from 40,000 to 80,000 rubles. | |
| 13.11 (part 5) | Failure by the operator to comply with the requirements for clarification of personal data, blocking or destruction within the time limits established by law. | Fine from 2,000 to 4,000 rubles. For repeated violation – from 20,000 to 30,000 rubles. | Fine from 8,000 to 20,000 rubles. For repeated violation – from 30,000 to 50,000 rubles. | Fine from 20,000 to 40,000 rubles. For repeated violation – from 50,000 to 100,000 rubles. | Fine from 50,000 to 90,000 rubles. For repeated violation – from 300,000 to 500,000 rubles. | |
| 13.11 (part 6) | Failure to fulfill, when processing PD without the use of automation tools, the obligation to comply with conditions that ensure the safety of PD when storing physical PD media and excluding unauthorized access to them. | Fine from 1,500 to 4,000 rubles. | Fine from 8,000 to 20,000 rubles. | Fine from 20,000 to 40,000 rubles. | Fine from 50,000 to 100,000 rubles. | |
| 13.11 (part 7) | Failure of an operator, which is a state or municipal body, to fulfill the obligation to anonymize personal data or failure to comply with established requirements or methods for anonymizing personal data. | – | Fine from 6,000 to 12,000 rubles. | – | – | |
| 13.11 (part 8) | Failure by the operator, when collecting personal data, including through the information and telecommunications network “Internet”, provided for by the legislation of the Russian Federation in the field of personal data, to ensure recording, systematization, accumulation, storage, clarification (updating, changing) or retrieving personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation. | Fine from 30,000 to 50,000 rubles. For repeated violation – from 50,000 to 100,000 rubles. | Fine from 100,000 to 200,000 rubles. For repeated violation – from 500,000 to 800,000 rubles. | As for legal entities. | Fine from 1,000,000 to 6,000,000 rubles. | |
| 13.14 | Disclosure of information, access to which is limited by federal law, by a person who has gained access to such information in connection with the performance of official or professional duties. | Fine from 5,000 to 10,000 rubles. | Fine from 40,000 to 50,000 rubles or disqualification for up to 3 years. Note. Lawyers who have committed an administrative offense under this article bear administrative liability as officials. | – | Fine from 100,000 to 200,000 rubles. | |
| 13.14.1 | Illegal acquisition of restricted information | Fine from 5,000 to 10,000 rubles | Fine from 40,000 to 50,000 rubles or disqualification for up to 3 years | – | Fine from 100,000 to 200,000 rubles | |
| 17.13 (part 1) | Violation of the requirements provided for by the legislation of the Russian Federation on state protection to ensure the confidentiality of information about protected persons and their property, if these actions (inaction) do not contain signs of a criminal offense | Fine from 50,000 to 70,000 rubles | Fine from 100,000 to 300,000 rubles or disqualification for up to 3 years | – | Fine from 300,000 to 500,000 rubles | |
| 17.13 (part 2) | Collection, transfer (distribution, provision, access) of personal data of judges, prosecutors, investigators, persons conducting inquiries, employees of internal affairs bodies, military personnel, employees of the federal security service, employees of state security agencies, employees of foreign intelligence agencies of the Russian Federation, employees Investigative Committee of the Russian Federation, employees of the National Guard of the Russian Federation, employees of bodies or institutions of the penal system, employees of customs authorities or employees of compulsory enforcement authorities of the Russian Federation in connection with their official activities or the performance by such persons of public duty or personal data of relatives of such persons committed in violation of the requirements of the legislation of the Russian Federation in the field of personal data, except for the cases provided for in Part 1 of this article, if these actions do not contain signs of a criminal offense | Fine from 20,000 to 40,000 rubles | Fine from 50,000 to 100,000 rubles or disqualification for up to 3 years | Fine from 100,000 to 200,000 rubles | Fine from 200,000 to 300,000 rubles | |
| 19.4 | Disobedience to a lawful order of an official of a body exercising state supervision (control), an official of an organization authorized in accordance with federal laws to exercise state supervision, an official of a body exercising municipal control. | Warning or fine from 500 to 1,000 rubles. | Fine from 2,000 to 4,000 rubles. | – | – | |
| 19.4.1 (part 1) | Obstructing the legitimate activities of an official of a state control (supervision) body, an official of an organization authorized in accordance with federal laws to carry out state supervision, an official of a municipal control body to conduct inspections or evading such inspections. | Fine from 500 to 1,000 rubles. | Fine from 2,000 to 4,000 rubles. | – | Fine from 5,000 to 10,000 rubles. | |
| 19.4.1 (part 2) | Actions (inaction) provided for in Part 1 of Art. 19.4.1, resulting in the impossibility of conducting or completing the inspection. | – | Fine from 5,000 to 10,000 rubles. | – | Fine from 20,000 to 50,000 rubles. | |
| 19.4.1 (part 3) | Repeated commission of an administrative offense under Part 2 of Art. 19.4.1. | – | A fine of 10,000 to 20,000 rubles or disqualification for a period of 6 months to 1 year. | – | Fine from 50,000 to 100,000 rubles. | |
| 19.5 | Failure to comply in a timely manner with a legal order (resolution, presentation, decision) of a body (official) exercising state supervision (control), an organization authorized in accordance with federal laws to carry out state supervision (official), a body (official) exercising municipal control. | Fine from 300 to 500 rubles. | A fine of 1,000 to 2,000 rubles or disqualification for up to 3 years. | – | Fine from 10,000 to 20,000 rubles. | |
| 19.7 | Failure to submit, untimely submission or provision in incomplete/distorted form to the state body exercising state control (supervision) of information, the submission of which is provided for by law and is necessary for this body to carry out its legal activities. | Warning or fine from 100 to 300 rubles. | Fine from 300 to 500 rubles. | – | Fine from 3,000 to 5,000 rubles. | |
| Disciplinary and financial liability | ||||||
| Labor Code of the Russian Federation | 81 (part 6 p.v), 193 | Disclosure of personal data that has become known to the employee in connection with the performance of his job duties. | Dismissal. | – | – | – |
| 90, 193 | Responsibility for violation of the rules governing the processing and protection of employee personal data. |
| – | – | – | |
| 243 (part 7) | Disclosure of information constituting a secret protected by law (state, official, commercial or other), in cases provided for by this Code and other federal laws. | Financial liability is within the limits of the employee’s average monthly earnings, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws. | – | – | – | |
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Violation of the confidentiality of correspondence and other communications
The Criminal Code protects correspondence, telephone conversations, postal, telegraph and other messages. Violation of this secret on the basis of Article 138 of the Criminal Code of the Russian Federation threatens with a material penalty in favor of the state of up to 80 thousand rubles, compulsory or corrective labor. Violation of the inviolability of the home is also subject to criminal liability.
Restriction of the right to privacy of correspondence, telephone conversations and other methods of exchanging information is possible on the basis of Article 13 of the Criminal Procedure Code only if there is an appropriate court decision.
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.
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When there is no punishment
According to norm 20 of the Criminal Code, punishment is not provided for violating the secrets of private and family life in cases where the person who committed this crime has not reached the age of 16 years.
Note!
The Civil Code, in the second paragraph of part 1 of norm 152.2, removes liability for violation of privacy and the dissemination of personal information in state or public interests.
According to the Supreme Court Resolution No. 16 of 2010, paragraph 25, in judicial practice a distinction should be made when publishing information in the media about the private life of officials, when it has a positive effect on public discussion, and publishing information in the press about the private life of citizens, not engaged in public activities.
When considering cases involving the publication in the media of details of the personal lives of public and government figures, the court is guided by the principle of journalists fulfilling their public duty.
Criminal article for violation of personal space
Criminal article for violation of personal space and inviolability of home. Responsibility for violating the inviolability of a citizen’s place of residence is provided for by norm 139 of the Criminal Code.
Note!
Entering a house against the owner’s wishes is punishable by a financial penalty in favor of the state of 40 thousand rubles or compulsory work for 360 hours.
If the violation of personal space occurred with the use of violence or with the use of official position, the punishment is increased. The court may sentence those guilty of committing these actions to a fine of 300 thousand rubles or imprisonment for a period of up to 3 years. Persons who have committed illegal entry into a home using their official position may also be deprived of the right to engage in certain professional activities by court decisions.
