St. 24 of the Constitution of the Russian Federation with comments

H< / span>. 1 of article 24 of the Constitution of the Russian Federation set a ban on the distribution, use, collection, storage of information about private life of a citizen without his consent. This requirement is aimed at protecting the private life of any person.

According to the Part 2 of article 24 of the Constitution of the Russian Federation, the structure of local and state authorities, their officials are obliged to provide to the interested entity information directly concerning their rights and responsibilities, if other is not established by the legislation. Clause, which is present in the second part, relates to information classified as state or other secret.

Consider the peculiarities of applying the Article 24 of the Constitution with comments of lawyers.

Current issues

Part 1 of article 24 of the Constitution of the Russian Federation special importance is attached to protection of information about personal life. Any unauthorized intrusion into the sphere of private life, first, diminish the dignity of the human person, makes a person the object of external manipulation, and secondly, is a real threat to the right to the inviolability of family, personal relationships, other freedoms and the rights associated with self-determination of the individual.

Parsing Article 24 of the Constitution of the Russian Federation with comments experts, not to mention that the experts draw attention to the problem of information protection of identity that existed under the rule of totalitarian regimes of the twentieth century, remain today unresolved. In today's world people remain unprotected in connection with the emergence and improvement of a variety of means, allowing you to work without any privacy, and this happens completely anonymously.

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Today distributed computer system is able to accumulate, store, process, use information about a person. This is not always guaranteed confidentiality.

Privacy Protection

Article 24 of the Constitution of Russia recognizes the right of a person to preserve information related to his identity in secret. The principle of information privacy is based on self-determination, personal autonomy, freedom of the citizen in the intimate, private sphere of life, separated from the external social and political control.

The Private lives – an area that should not touch the legal regulations. The line between public and private should be protected.

Privacy information

Currently there is a special Law No. 149 regulating the handling of information, information technology and data protection. The regulation information defined as information provided in a different form.

Privacy & ndash; the requirement not to transfer data to other entities without the consent of their carrier. The relevant provision is enshrined in article 2 of the Federal law № 149.

Any information on the private life of a person are confidential. Meanwhile, to identify all such data is difficult and, in General, it is impractical, due to the fact that otherwise the concept of privacy would inevitably narrowed, and the amount of guaranteed protection, in turn, would decrease.

Categories of data under protection

Forbidding actions with personal data< / span>, article 24 of the Constitution of the Russian Federation Not konkretisiert details that apply to private life.

Analyzing the legislation, we can conclude that should be considered confidential information about racial, religious, social class, spiritual world, beliefs, thoughts, intimate, family relationships, health, affiliation to any social groups, professional activities, assets, income, and other facts of life, the biography, which the subject considers it impossible to disclose.

The Citizen alone determines what information the confidentiality of which must be preserved, the sensitivity level for data whose disclosure would entail moral suffering.

Legitimate processing and use of your information

In part 2 of article 24 of the Constitution of the Russian Federation referred to the authorities (state/local) which are required to provide the person access to data that directly affects his rights and obligations.

These structures include:

• Internal Affairs Departments.
• The Bodies of records and registration.
• The IRS.

In addition, personal information about the subject include medical facilities, insurance, banking company, serving the enterprise (utility providers), insurance, marketing and other commercial organizations.

Personal information

The Rules of work with such information establishes law No. 152-FZ. The provisions of this normative act konkretisiert and develop regulations 24 articles of the Constitution.

In accordance with the Law No. 152 personal data is considered information pertaining to specific natural persons, including:

• Full name
• Date of birth (day, month, and year).
• Property, family, social position.
• The income.
• Education
• Profession, etc.

Separatelyin article 11 of the Law refers to biometric data of the person.

The Specifics of processing

As Article 24 of the Constitution of the Russian Federation, Law No. 152 indicates a requirement to obtain consent from the data carrier for subsequent processing. With the exception of the situations envisaged by other legislative acts.

152-FZ prescribes to collect personal information lawfully and exclusively for the purposes declared by the operator in accordance with its powers. Information must be factual and accurate. The amount of information should not exceed the extent necessary to achieve the objective of the processing.

The consent of the owner of personal data has to be written.

Nuances

In law No. 152-FZ prohibits the collection and processing of certain categories of information. To them, in particular, include information about the intimate life, nationality, philosophical/religious beliefs, political opinions, health condition.

However, in this rule there are exceptions.

A Key condition for processing information

Working with personal data can't generate for their carrier of any legal consequences.

Under certain conditions, the holder of information has access to the processed data, the information about the source from which they are obtained, their content, methods and goals of working with information. In addition, the law gives the media the right to demand their clarification, destruction, or blocking.

Control

Pursuant to predpisano Article 24 of the Constitution, the operator should take measures of organizational and technical character aimed at ensuring the protection of personal information from unlawful and unauthorized access, copying, illegal distribution or other similar actions.

Supervision of compliance with regulations when processing the data rests with the Federal Executive power structure, is authorized to implement control functions in the field of communication and information technologies.

Responsibility

The Violation of regulations stipulated by the Article 24 of the Constitution, as well as law No. 152-FZ, shall entail administrative, civil, disciplinary and other sanctions.

Infringing on the privacy of particular danger are punishable under the criminal code. Such acts, in particular, include:

• Violation of privacy. The structure of this assault includes the unlawful collection, dissemination of data on private life of the subject without his consent, i.e. a direct violation of the provisions of the Article 24 of the Constitution.
• Illegal receipt and disclosure of data related to tax, commercial, banking and other secrets.
• Violation of the communication privacy.
• Illegal access to computer data.

Details

However, it Should be noted that the right of a person to protection of his personal information can be limited because of part 3 of article 55 of the Constitution.

This exception is applied when processing of information is a measure aimed at protecting the constitutional order, health, morals, interests, and rights of others, national defence and security of the country.