Art. 24 of the Constitution of the Russian Federation with comments
Byst. 24 of the Constitution of the Russian Federation, private lifecitizen inviolable. The norm does not allow the collection, dissemination, storage and use of information relating to the identity of a person without his consent. This provision is enshrined int. 24 h. 1 of the Constitution of the Russian Federation. The bodies of state power, local self-government, as well as their employees must ensure that every citizen has the opportunity to familiarize himself with the materials and documents that directly affect his freedoms and rights, unless otherwise provided by law.
In the first partst. 24 of the Constitution of the Russian FederationEmphasis is placed on ensuring the protection of information about the subject’s personal relationships. Any unauthorized intervention in this area detracts from the dignity of the citizen, making him the object of manipulation. In addition, such interventions actually threaten the right to privacy of family and personal secrets, as well as other freedoms relating to the individual’s self-determination.
Relevance of the issue
It is worth noting that the understanding and development of civil law to receive information protection of private life is aggravated by examples of totalitarian state systems of the 20th century with their desire for complete control over the individual. Meanwhile, this problem does not lose its relevance today. The invention and development of technical means makes it possible to anonymously invade people's personal relations without any difficulty. Today, electronic computer systems, information networks capable of accumulating, using, and storing unlimited databases that do not give any guarantees of the safety of information are widespread.
The private side of life is based on natural interests and needs, opposed to social control. Anyone has the right to restrict access to his person. Obviously, data about a citizen and his personal relationships are confidential. It is very difficult to determine the complete list of information constituting an individual secret. Moreover, it is inexpedient, since, otherwise, the concept of privacy and the scope of measures for its guaranteed protection would be significantly narrowed.Of course, the right to the inviolability of family and other individual relationships is closely linked to other freedoms of the individual.
To confidential information that protectsst. 24 of the Constitution of the Russian Federation, can be attributed data about:
- The social, national, racial origin of man.
- Spiritual world.
- Religious attitude.
- Opinions and beliefs.
- Moral-significant behavior.
- Informal communication, interpersonal relationships.
- Intimate and family relationships.
- Affiliation to public organizations.
- Income, property.
- Professional occupations.
- Other biographical facts, the disclosure of which the subject considers impossible.
Only the person himself can determine which information belongs to him personally, how serious the moral damage will be from the disclosure of certain information.
Interaction with authorities
By revisingst. 24 of the Constitution of the Russian FederationOne can not fail to mention a rather serious problem that citizens face when applying to different structures. Many municipal and state bodies, physical persons and organizations within their competence, goals, nature of activity accumulate, store and use personal data. In some cases, citizens are obliged to provide personal information.First of all, such requirements are put forward by law enforcement agencies, registration and accounting authorities, the Federal Tax Service, pension and medical institutions, banks, insurance companies, etc.
Federal Law № 152
According to regulationsst. 24 of the Constitution of the Russian Federation, the most vulnerable are information on which it is possible to identify a specific person and who are beyond its permanent control. The law distinguishes such information in a separate category. In the Federal Law No. 152, personal data includes information about the last name, first name, patronymic, year, month, date, place of birth, family, social, property status, residential address, profession, income, etc. Separately, the law defines biometric information. Federal Law No. 152 provides for the procedure for regulating the processing of personal information, including the use of automated tools. The rules apply to all operators, state and territorial authorities, individuals and organizations. The processing of personal data is permitted only with the consent of their carrier, except for cases expressly defined by law. The collection of information should be carried out in a fair and lawful manner, according to the goals and powers of the operator.At the same time, the law specifically stipulates the inadmissibility of processing special data relating to national, race, political views, the intimate sphere, health, and philosophical convictions. However, there are some exceptions for this information.
As one of the conditions for processing information by automated methods, the fact that data operations themselves cannot produce legal consequences for their data carrier. The subject under certain circumstances may use the right to access information, familiarization with its content, sources of their receipt, other persons using it. It may also require clarification of information, its blocking or destruction. The subject agrees in writing to the inclusion of information about himself in public sources (address books, reference books, etc.). Legislation obliges operators to take all organizational and technical measures necessary to ensure the protection of personal information.
Art. 24 of the Constitution of the Russian Federation: responsibility
Supervision of compliance with the rules for processing personal information is assigned tofederal executive structure exercising control in the field of communications and information technology. For violation of the established requirements to ensure the protection of data and their confidentiality, the law provides for administrative, civil, disciplinary, criminal liability. Serious encroachment entails punishment under the Criminal Code. In particular, Art. 137 of the Code establishes responsibility for the illegal collection, dissemination of information about the personal life of a person without his consent.
In some cases, the right of citizens to protect personal data is limited. Such situations are associated with the adoption of necessary measures to ensure the security of the constitutional order, health, and the interests of other subjects, morality, and defense of the country. Exceptions are allowed when the processing of personal information is carried out within the framework of justice, operational investigative activities, criminal procedure or criminal enforcement proceedings. Moreover, all authorized bodies are obliged to comply with the general principles of collecting and using the data obtained.
Art. 24 h. 2 of the Constitution of the Russian Federation
In this part of the norm under consideration, the right of every person to have access not only to personal data, but also to other information that directly affects his interests.Art. 24 h. 2 of the Constitution of the Russian Federationobliges authorized municipal and state bodies, as well as their employees to provide the opportunity for natural persons to familiarize themselves with relevant materials. This right is consistent not only with the principle of freedom of information. It also corresponds with the legal ability of subjects to protect their personal data. In fulfillmentst. 24 (2) of the Constitution of the Russian FederationThe legislator divides the information into public and restricted access. Article 140 of the Criminal Code provides for punishment for the unlawful refusal of employees to provide materials and documents affecting the freedoms and rights of citizens, collected according to the established rules. In the same norm, sanctions are defined for the presentation of deliberately false or incomplete information to a person if these actions have damaged the interests of the person. The desire to rationalize the activities of authorized structures can not act as a basis for limiting the rights enshrined in Art. 24 p. 2 of the Constitution of the Russian Federation.