On the issue of the relationship between information about private life and personal data

On the issue of the relationship between information about private life and personal data

Concepts of privacy information and personal data

One of the key characteristics of recent decades has been the formation of a new information reality, which provides the ability to quickly search for information, receive a wide range of services online, purchase goods, etc. In most cases, the condition for receiving such services is to indicate your personal data, provide consent to their processing, and agree to privacy policies. As a result, the term “personal data” has become firmly entrenched in our vocabulary.

Much has been written about personal data, but not all controversial issues have been resolved. One of the main issues is the relationship between the concept of personal data and the concept of information about private life.

In the legal literature, different opinions are expressed regarding the relationship between the categories of information about private life and personal data.

Some researchers consider information about private life to be a broader category than personal data. Thus, according to M.N. Maleina, the secret of private life can be presented as a general generic category, including professional and non-professional (other) secrets; The secret of personal data is one of the types of secrets. According to Mindrova E.A., personal data is, in its content, a segment of information about the private life of a person.

Other authors believe that privacy information is a type of personal data. It is noted that since personal data is any information about an identified person or a person who can be identified, information about private life is only a segment of personal data.

Finally, the third group of authors is inclined to think that these categories partially overlap and are partially independent. According to A.I. Savelyev, an analysis of the provisions of the legislation on personal data allows us to conclude that the relations regulated by it, on the one hand, do not fully cover situations that fall under the right to privacy, and on the other hand, they clearly beyond its scope. Thus, the right to the protection of personal data has acquired largely independent meaning.

In domestic legislation, the issue of the relationship between the categories under consideration has not been clearly resolved.

According to Art. 28 of the Constitution, everyone has the right to protection from unlawful interference in his personal life. The Constitution does not contain the right to protection of personal data.

Information about the private life of an individual and personal data are classified into the same category of information - information, the distribution and (or) provision of which is limited (paragraph 2, part 1, article 17 of the Law on Information Protection). A condition for performing actions with both personal data and information about private life is the receipt of the written consent of the person, unless otherwise provided by legislative acts (Part 2 of Article 18 of the Law on Information Protection).

Personal data is defined as basic and additional personal data of an individual, subject to inclusion in the population register in accordance with legislative acts, as well as other data that allows the identification of such a person (paragraph 24 of article 1 of the Law on Information Protection).

Thus, in the author’s opinion, the definition is extremely narrow, limited to information that allows the identification of a person. By comparison, the Council of Europe Convention for the Protection of Natural Persons with regard to Automatic Processing of Personal Data uses a broader definition of personal data, as data that relates not only to an identified individual, but also to an individual who is not identified but can be identified.

Unlike the concept of “personal data,” the term “private life information” is not defined in law.

The categories “privacy information” and “personal data” are used in several dozen legislative acts. Basically, we are talking about securing the right of various government agencies to gain access to personal data without the consent of citizens or the obligation of representatives of certain professions to keep confidential information about private life or personal data known to them.

In general, one can note the lack of clarity and consistency in the use of the terms in question. Some acts talk about the right to access information about private life, although it is clear from the context that we are also talking about personal data. For example, a journalist is required to obtain consent to disseminate information about the personal life of an individual in the media (Article 40 of the Law on Mass Media). But nothing is said about the need to obtain consent regarding actions with personal data. Apparently, the norm in question is intended to cover actions with personal data.

Other acts deal only with actions with personal data. This is the most commonly used approach. However, in a number of cases, based on the content of regulated legal relations, similar actions with information about private life are not excluded, which is not reflected in regulatory requirements. Thus, if in order to consider an electronic appeal on its merits it is necessary to indicate the personal data of the applicant or other persons, with the exception of those contained in the appeal, the applicant is invited to submit an oral or written appeal (clause 4 of Article 25 of the Law on Appeals of Citizens and Legal Entities).

Finally, a number of legislative acts indicate both of these categories simultaneously. This approach is primarily characteristic of acts adopted recently. For example, among the duties of a notary is the obligation not to disclose information constituting a notarial, commercial and (or) other secret protected by law, other information, the distribution and (or) provision of which is limited, including without the written consent of an individual, information about his private life and personal data, unless otherwise established by legislative acts (paragraph 10 of article 1 of the Law on Notaries).

The ambiguity of legislative provisions can also be seen in the norms and Code of Administrative Offenses. The Code of Administrative Offenses contains Art. 23.7. The Code of Administrative Offenses does not contain a general framework on liability for illegal actions with information about private life. Perhaps the corresponding actions may be covered by the provisions of Art. 23.6 of the Administrative Code, but this article concerns only the actions of a special subject - a person who knows a secret protected by law in connection with his professional or official activities.

The situation is the opposite. It contains Art. 179 of the Criminal Code, which provides for liability for the illegal collection or dissemination of information about private life, but there are no rules on liability for violation of laws on personal data. According to the author, here the legislator considered that actions with personal data may also fall under this norm.

To summarize, it can be noted that the legislation does not contain a clear answer to the question of the relationship between the categories under consideration.

Read about the provisions of the draft Law on the Protection of Personal Data, as well as an analysis of the practice of the European Court of Human Rights in the field of privacy in ilex

Implementation and protection of constitutional rights and freedoms of citizens

Constitutional rights and freedoms of the individual, their content and constitutional consolidation, guarantees of implementation and protection are the main indicator of the level of democracy of any society. In modern Russia there are many problems associated with violations of constitutional rights and personal freedoms. One of the reasons for this phenomenon is the low legal culture of Russian citizens, who do not know their constitutional rights, freedoms and responsibilities, who are unable and sometimes do not want to protect them. One of the conditions for solving this problem is the study of constitutional rights and personal freedoms by all citizens of the Russian Federation. This brochure reveals the concepts of fundamental constitutional rights and freedoms of citizens, as well as the mechanisms for their protection and implementation. The brochure is intended for a wide range of readers.

What are the constitutional rights and freedoms of man and citizen, what is their value?

The adoption of the Constitution of the Russian Federation of 1993 marked the beginning of the formation of a new stage in the development of Russian statehood based on the principles of a democratic and legal state, the highest value of which is the person, his rights and freedoms, and the recognition, observance and protection of the rights and freedoms of man and citizen is the responsibility of the state.

The Constitution of the Russian Federation enshrines a wide range of rights and freedoms of man and citizen. Constitutional rights and freedoms mean the opportunities enshrined in the Constitution and guaranteed by the state that allow each citizen to independently and in his own interests choose the type and extent of his behavior, as well as to use the social benefits provided to him.

The Constitution enshrines the most significant and important rights and freedoms for an individual, society and the state, and therefore they are called fundamental. They are the most important condition for the dignified and free existence of a person, guarantee the possibility of full participation of a person and citizen in political life, and are also a prerequisite for satisfying his basic material and spiritual needs. This is where their value is manifested, both for the individual and for the whole society.

Each individual has the full scope of constitutional rights and freedoms, the waiver of which is unacceptable. The state guarantees equality of rights and freedoms of humans and citizens, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.

It is important that the rights and freedoms of man and citizen in the Russian Federation are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive powers, local self-government and are ensured by justice (Article 18 of the Russian Constitution). This means that constitutional rights and freedoms are valid and applied even if they are not enshrined in current legislation. At the same time, courts and other authorities, when making their decisions, are obliged to be guided primarily by the constitutional rights and freedoms of man and citizen. Deviation from this rule calls into question the legality of their decisions and actions.

Why are there constitutional human rights and freedoms and civil rights and freedoms? What is their difference?

The Constitution of the Russian Federation distinguishes between the concepts of “human rights” and “civil rights”.

Human rights are predetermined by his social nature and are acquired by him by virtue of the fact of his birth. These rights are inalienable.

The rights of a citizen are conditioned by the fact that they are enshrined in the Constitution and are granted only to citizens of Russia.

The Russian Constitution uses the term “everyone” when establishing human rights. For example, Article 20 states that everyone has the right to life. When describing the rights of a citizen, the Russian Constitution uses the term “citizens”. In particular, Article 32 of the Constitution establishes that citizens of the Russian Federation have the right to participate in the management of state affairs, both directly and through their representatives.

The terms “law” and “freedom” used in the Russian Constitution are largely equivalent. At the same time, freedom presupposes greater autonomy of the individual in its implementation. For example, the Constitution guarantees freedom of thought and speech (Article 29). A person can realize this freedom in a wide variety of forms and in different ways.

What types of rights and freedoms are enshrined in the Constitution of the Russian Federation?

Taking into account the scope of implementation, constitutional rights and freedoms are divided into the following groups:

The Constitution of the Russian Federation is the basic Law of Russia, establishing the foundations of the constitutional system, the organization of state power and the relationship between citizens, society and the state, adopted by the people of Russia on December 12, 1993, and came into force on December 25, 1993.

The Constitution has the highest legal force, establishing the foundations of the constitutional system of Russia, the state system, the formation of representative, executive, judicial authorities and the system of local self-government, the rights and freedoms of man and citizen, as well as constitutional amendments and revision of the Constitution

Chapter 2 of the Constitution enshrines a wide range of personal, political, social and economic rights and freedoms of man and citizen.

Personal rights and freedoms are natural and inalienable human rights and freedoms, that is, they belong to everyone from birth, regardless of citizenship.

The Constitution of the Russian Federation includes the following personal rights and freedoms: the right to life (Article 20), the right to personal dignity (Article 21), which assumes that the state creates for a person such living conditions that would not detract from his dignity, the right to freedom and personal integrity (Article 22), the right to privacy, personal and family secrets, protection of one’s honor and good name (Article 23), the right to inviolability of home (Article 25), the right to freely determine and indicate one’s nationality and use your native language (Article 26), the right to freedom of movement, choice of place of stay and residence (Article 27), the right to freedom of conscience and freedom of religion (Article 28), the right to freedom of thought and speech (Article 29) .

Political rights and freedoms in accordance with the Constitution of the Russian Federation include: freedom of thought and speech, freedom of mass information (Article 29), which can be classified as both personal and political rights and freedoms, the right to information (Articles 24, 29 ), the right to association (Article 30), the right to hold public events (Article 31), the right to participate in the management of state affairs, the right to elect and be elected, the right of equal access to public service, the right to participate in the administration of justice (Article 32), the right to appeal to state bodies and local government bodies (Article 33).

The Constitution of the Russian Federation includes the following economic rights and freedoms: the right to freedom of entrepreneurial and other economic activities not prohibited by law (Article 34), the right to private property and its inheritance (Article 35), the right to free possession, use and disposal of land and other natural resources citizens and their associations (Article 36), the right to freely dispose of their ability to work, to choose their type of activity and profession (Article 37), the right to work and to remuneration for work (Article 37), the right to rest (Article 37 ), the right to create trade unions and other public associations to protect social and economic interests (Article 30).

The Constitution of the Russian Federation includes the following social rights: the right to state protection of motherhood, childhood and family (Article 38), the right to state support for paternity, disabled people and elderly citizens (Article 7), the right to social security by age, in case of illness, disability , loss of a breadwinner, for raising children (Article 39), the right to housing, for low-income citizens to receive housing free of charge or at an affordable price (Article 40), the right to health care and medical care (Article 41), including free medical care in state healthcare institutions, the right to a favorable environment, reliable information about its condition (Article 42), the right to compensation for damage caused to health or property by environmental violations (Article 42).

Cultural rights in accordance with the Constitution of the Russian Federation include: the right to education, to universal accessibility and free preschool, basic general and secondary vocational education (Article 43), the right to free higher education on a competitive basis (Article 43), freedom of literary, artistic, scientific, technical and other types of creativity, teaching (Article 44), the right to participate in cultural life and use cultural institutions, to access cultural values ​​(Article 44).

Also according to Art. 17 of the Constitution of the Russian Federation, fundamental human rights and freedoms are inalienable and belong to everyone from birth. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of others.

Prosecutor of the Kirov administrative district of the city of Omsk T.P. Sidorenko.

Personal non-property rights ensuring the social existence of a citizen

1. Right to a name

enshrined in Art. 19 Civil Code. It is intended to legally ensure the ability of a citizen to have a certain name, to require other persons to address him in accordance with this name, and also to change (change) it in the prescribed manner.

The object of this right is very specific. It is understood as the given name itself, together with the patronymic and surname (family name). A name is one of the personal goods that personify its bearer and act as a means of formal individualization of the individual.

This right has a special content, which can include the following essential elements:

1) the right of a citizen to demand from other persons treatment in accordance with his last name, first name and patronymic;

2) the right to change and change the name, surname, patronymic;

3) the right to demand the termination of the unlawful use of the name.

2. Right to privacy

in its most essential features can be characterized as the personal non-property right of a person to freedom to determine his behavior in individual life activities, excluding any interference from other persons, except in cases expressly provided for by law. This right consists of two groups of interrelated powers. The first of them is designed to ensure the inviolability of private life, the second is to preserve the secrets of this life.

Rights related to privacy include the following.

2.1. Right to inviolability of home

found legal codification in Art. 25 of the Constitution, which established that no one can enter a home against the will of the persons living in it except in cases established by federal law or on the basis of a court decision. Art. corresponds with this provision of the Constitution. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, according to which everyone has the right to respect for his home. When speaking about this right, the legislator does not mean the physical inviolability of the home as such, but the inviolability of one of the elements of private life, the legal boundaries of which are determined by the citizen’s actual home. In accordance with this subjective right, a person can act in his home at his own discretion and reject any attempts to illegally invade it.

All cases provided for by law in which entry into a home is allowed against the will of authorized persons can be differentiated into three groups. First

characterized by the presence
of an emergency
(extraordinary)
situation
caused by a fire, gas explosion in the room, etc.
The second
group consists of cases where entry into a home is also dictated by
actual necessity
- the implementation of precautionary and other preventive measures (inspection of gas and other equipment, etc.).
The third
group of cases is based on
the legal need
to perform strictly defined procedural actions, which are regulated by the norms of the Code of Criminal Procedure, as well as the Law on Operational-Investigative Activities, the Law on Internal Troops of the Ministry of Internal Affairs, etc.

2.2. The right to inviolability of means of personal communication of citizens

covers such basic means of communication as postal correspondence, telegraphic and other messages, and telephone conversations. The European Convention on Human Rights recognizes the right of everyone to respect for his correspondence (Article 8), and the ECtHR in its decisions emphasizes that the right to privacy of personal correspondence is aimed at protecting the confidentiality of private communications and is interpreted as a guarantee of the rights to uninterrupted and uncensored communication with others <1>. At the same time, inspection of even one letter is enough to confirm a violation of this right.

The right to confidentiality of correspondence is enshrined in Part 2 of Art. 23 of the Constitution. This provision is specified in the Communications Law, as well as in the Postal Law, etc.

The essence of this right is that no one can get acquainted with personal letters, telephone conversations, telegraphic and other messages of a citizen transmitted over telecommunication networks and postal networks without his personal (in each case) consent. Information about messages transmitted over telecommunication networks and postal networks, about postal items, as well as these messages and postal items themselves, can be issued only to senders and recipients (or their representatives), unless otherwise provided by law.

Inspection of postal items, their opening, examination of attachments, familiarization with information and documentary correspondence transmitted over telecommunication networks and postal networks are carried out only on the basis of a court decision, except for cases established by federal laws (Article 63 of the Communications Law, Art. 15 of the Law on Postal Services).

2.3. The right to inviolability of appearance.

Violation of such integrity is not associated with any direct physical, mental or legal impact on the person as such.
Here we are talking about the fact that through the illegal reproduction
of the external appearance and the subsequent examination of material media of visual information, the private life of a citizen is violated <1>.
The violation will consist in the fact that the external appearance of a person is reproduced (outside the cases specified in the law itself) without the consent
of the person whose appearance (and with dynamic methods of reproduction, also actions) is reflected in the appropriate medium.

In accordance with Art. 152.1 of the Civil Code, specifically dedicated to the protection of a citizen’s image, the essence of the right to inviolability of external appearance is that the publication and further use of a citizen’s image is allowed only with his consent (after the death of a citizen - with the consent of his children and surviving spouse, and in their absence - with parental consent).

Article 152.1 of the Civil Code regulates those relations in which citizens who are not performing artists participate, i.e. actors, musicians, singers or dancers who play a role, recite poetry, sing or otherwise carry out their creative activities and are subject to special rules of the Civil Code on the protection of copyright and related rights. The captured person may be a person who is not playing a role, but is walking down the street, relaxing on the beach, having lunch in a restaurant, etc. Scenes from life observed by the lens can be shown only after obtaining the consent of their participants, since otherwise there will be a violation not of the rights of the performer, but of the right to inviolability of the citizen’s appearance, which is an important element of his right to private life.

The Civil Code provides for the possibility of protecting the image of a citizen if, against his will, it is captured in a photograph, as well as a video recording or a work of fine art, and indicates three cases when obtaining such consent is not required.

Firstly,

if the use of the image is carried out in state, public or other public interests. The text of the law does not directly disclose what should be understood by “public” interests (state or public). As previously noted in the legal literature, these must be actions performed specifically for the purpose of information about the person depicted <1>. In this case, the objects of public interest, as a rule, become well-known government and public figures who play a certain role in the field of politics, economics, art, etc. <2>, referred to in the practice of the ECHR as “public figures”. Notable in this regard is the case of June 24, 2004 “Von Hanover (Princess of Hanover) v. Germany”, in which it was recognized as a violation of the right to privacy that the distribution in many magazines in Germany of photographs of Princess Caroline (a member of the ruling family of Monaco), taken not on official events, and during her everyday life (sports, walks, leaving a restaurant, relaxing on the beach, etc.). This was not about the dissemination of ideas, but of images containing very personal information about an individual, and the images themselves were taken without his knowledge or consent, in conditions of harassment by journalists to which many public figures are subjected in their daily lives. The ECtHR called on Germany to draw a clear distinction between “significant historical figures” and “relatively” public figures, so that both are able to know exactly where and when they are protected, and where and when, on the contrary, they must wait for interference from others , especially the tabloid press.

There is no doubt that the use of an image in the state and public interests without obtaining consent is carried out in cases where photographs, verbal portraits of persons are made available to the public for the purpose of searching for persons, in particular in connection with a criminal investigation and in other similar cases.

Secondly

, in accordance with Art. 152.1 of the Civil Code is not required to obtain consent if the image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sports competitions and similar events), except in cases when such an image is the main object of use.

Third,

consent is not required if the citizen posed for a fee.

A citizen whose right to inviolability of appearance was violated by the distribution or introduction into civil circulation of certain material media containing his image (magazines, newspapers, photographs, books, disks, etc.) has the right to demand in court their seizure from circulation and destruction without any compensation. A similar requirement can be stated if such objects were manufactured for the purpose of their further introduction into civil circulation (i.e. for sale or other alienation).

If an image of a citizen, obtained in violation of his right to inviolability of appearance, was distributed on the Internet, he has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution (clause 3 of Article 152.1 of the Civil Code).

2.4. Right to privacy of private documents

is that the publication of letters, diaries, notes, notes is allowed only with the consent of their author, and letters - with the consent of the addressee. In the event of the death of one of them, these documents may be published with the consent of the surviving spouse and children of the deceased. This right is not directly enshrined in the civil legislation of the Russian Federation, however, it requires independent legal protection, since it is not identical to subjective copyright in works of science, literature and art.

The right to inviolability of private documentation includes the following powers:

- the right of copyright, which legally expresses the fact of the creation of a specific personal document by a given person. In the event of a transfer of ownership from the author to another person, this authority still remains with the author;

— powers to use and dispose of the material object of the right in question. At the same time, there are specifics in the implementation of these powers, since a personal document is not only a thing, but also a carrier of information. Because of this, the use of personal documentation (and its disposal) may consist in the transfer not so much of the object itself as of the specified information;

- dispositive powers, which, on the one hand, give the author complete freedom to create, maintain and accumulate personal documents, and on the other hand, they negate (do not allow) any intrusions into this area.

Consequently, the right to the inviolability of private documentation is a subjective right by virtue of which a citizen has the freedom to create, maintain, use and dispose of his private documentation at his own discretion, excluding any interference in said documentation by third parties against his will, for except in cases provided by law.

3. Civil protection of private life.

Article 150 of the Civil Code contains a general rule that personal and family secrets, like other intangible benefits, are protected by civil law. In addition to this general norm, there is a whole set of special norms that operate in various spheres of public relations and regulate certain types of secrets about the private life of citizens. Thus, in accordance with the Fundamentals of Legislation on Notaries, a notary is obliged to keep secret information that has become known to him in connection with the implementation of his professional activities. The Family Code provides for the secrecy of adoption. The Law on the Protection of Citizens' Health establishes the legal regime of medical confidentiality. However, regardless of whether an indication of a particular type of professional secret is contained in a special act, by virtue of Art. 150 of the Civil Code, employees of any kind - medical, legal and other state, municipal (banks, communications enterprises, registry offices), public (parties, trade unions, media, etc.), as well as private (medical, legal, including security, Detective and other) organizations are obliged to keep secret information about the private life of a person obtained in the performance of their professional duties (public assignments).

If information about private life became known in connection with the emergence (or fulfillment) of a specific civil legal obligation (to provide certain services, perform work, or even simply pay money to a certain person), in which the citizen was a party, then his counterparty has no right disclose the information received either about the citizen himself or about third parties who participated in this obligation (for example, in whose favor it was concluded) (clause 2 of article 152.2 of the Civil Code).

Also, the unlawful dissemination of information about private life is considered to be its use in the creation of works of science, literature and art, if such use violates the interests of a citizen. Such restrictions imposed on participants in various civil legal relations arising in the sphere of both purely property and creative relations arise from the direct prohibition provided for in paragraph 1 of Art. 152.2 Civil Code. Without the consent of a citizen, it is not permitted to collect, store, distribute and use any information about his private life, including information that does not fall under the regime of specially protected secrets (in particular, about his origin, his place of stay or residence, his occupation or marital status), unless otherwise expressly provided by law.

It is not a violation of this rule to collect, store, distribute this information in state, public or other public interests, and also if information about the private life of a citizen previously became publicly available or was disclosed by the citizen himself or at his will (Clause 1 of Article 152.1 of the Civil Code) . The latter has become widespread on the Internet, where on their personal pages of social networks, many citizens, on their own initiative, disseminate a variety of (sometimes very intimate) information about their private lives.

Depending on the nature and method of illegally obtaining, storing or disseminating information about private life, the court, at the request of a citizen, determines a specific method of protecting his violated right. Thus, if information is contained in documents, video recordings or other tangible media, a citizen has the right to demand not only the removal of the relevant information, but also the suppression or prohibition of its further dissemination by confiscating and destroying the material media, if without this it is impossible to remove the relevant information. No compensation is provided for destroyed material media (discs, video recordings, documents, etc.) made for the purpose of their introduction into civil circulation.

Depending on the specific circumstances, a citizen may also resort to those methods of protecting his private life that are provided for in paragraph 2 of Art. 150 GK. In the event of the death of a citizen, this right is granted to his children, parents and surviving spouse.

4. Right to freedom of movement

enshrined in Art. 27 of the Constitution, according to which everyone who is legally present on the territory of the Russian Federation has the right to move freely, choose their place of stay and residence. Art. corresponds with this constitutional provision. 2 of Protocol No. 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, according to which everyone who is legally present in the territory of a state has the right to freedom of movement and freedom of choice of residence within that territory. Art. comes from this. 150 GK. The content of this right is specified in the Law on Freedom of Movement.

The essence of this right is that only the citizen himself can decide where, how long he will live, what places to visit, where his permanent or temporary place of residence will be. The analyzed right includes a number of powers: 1) the right to move freely within one’s state; 2) the right to choose a place of stay; 3) the right to choose a place of residence (permanent or primary); 4) the right to free travel outside the Russian Federation; 5) the right to unhindered return to the Russian Federation. This list is not exhaustive, since it concerns only the main possible ways of realizing freedom of movement.

For a long time, the right to freedom of movement was limited by the permissive registration procedure that existed in the USSR. In the Law mentioned above, the term “registration” itself is not used at all, but refers to the registration of citizens. This means that a citizen should not seek consent for residence from representatives of executive, administrative or other authorities. Registration only implies the obligation to report the place of one’s new permanent residence to authorized government bodies within a specified period of time (seven days) (Article 6 of the Law). The latter must complete registration within three days from the date of presentation of documents.

Restrictions on the right of citizens to freedom of movement, choice of place of stay and residence within the Russian Federation are permitted only on the basis of law. In particular, such restrictions can be established in the border zone, in closed military camps, in closed administrative-territorial entities, in environmental disaster zones, in certain territories and in populated areas, where in case of danger of the spread of infectious and other mass diseases and poisoning of people special conditions and regimes for population residence and economic activity have been introduced; in territories where a state of emergency or martial law has been declared.