Duisenbayeva F.S.
THE RIGHT TO PRIVACY IN THE RUSSIAN FEDERATION *
Аннотация:
this article aims to examine the legal nature and scope of the right to privacy within the Russian legal framework. It analyzes constitutional provisions, key legislative acts, and judicial interpretations that shape the protection of privacy. The research also explores modern challenges to privacy in the digital era, including data collection, online tracking, and the balance between national security and individual rights.
Ключевые слова:
privacy, personal data, constitutional rights, Russia, legal protection
In the digital era, where information flows penetrate all spheres of both public and private life, the right to privacy has become increasingly significant. It is not merely an abstract category, but a legal foundation for the protection of human dignity, individual autonomy, and personal freedom. In the Russian Federation, this right is enshrined in Article 23 of the Constitution, which guarantees the right to privacy, personal and family secrets, and the protection of honor and good name. Article 24 supplements this provision by prohibiting the collection, storage, use, and dissemination of information about a person’s private life without their consent, unless otherwise provided by law [1].Despite its constitutional status, the practical implementation of this right remains problematic. These issues are most visible in the context of digital surveillance, the unauthorized circulation of personal data, and the general lack of legal awareness among citizens. As noted in the legal literature, the absence of a clear legal definition of “private life” and the lack of a unified legislative approach create legal uncertainty and complicate judicial protection [2].The right to privacy in the Russian Federation occupies a constitutionally protected status and serves as a cornerstone for safeguarding individual autonomy, dignity, and the integrity of personal life. Unlike abstract philosophical discourse, privacy in Russian legal doctrine has evolved into a distinct legal category though still fraught with interpretative uncertainties.Article 23 of the Constitution of the Russian Federation guarantees that “everyone shall have the right to privacy, personal and family secrets, and protection of honor and good name.” In addition, it protects the confidentiality of communications, including correspondence, telephone conversations, and other forms of information exchange. Article 24 complements this by prohibiting the collection, storage, use, and dissemination of information about a person’s private life without their consent, except in cases explicitly provided by law.However, despite these strong constitutional guarantees, Russian legal doctrine still lacks a coherent and universally accepted definition of what constitutes “private life.” The Civil Code of the Russian Federation attempts to bridge this gap through provisions in Articles 150 and 152.1–152.2, which address the protection of non-property personal rights, including a person’s image, name, and personal correspondence. Yet these norms are often reactive in nature, offering redress only after the infringement has occurred [3].A key issue lies in the legal uncertainty surrounding the scope and limits of the concept of privacy, especially when it intersects with public interest or freedom of expression. This problem becomes particularly pronounced in the context of public figures, whose private lives are often subject to increased scrutiny by the media. The existing legal framework fails to provide clear guidelines for reconciling a public figure’s right to privacy with the public’s right to information. She argues that the courts often apply inconsistent criteria when determining whether the disclosure of private facts serves a legitimate public interest, leading to unpredictability in judicial outcomes.Moreover, the legacy of the Soviet legal tradition, where the concept of privacy was largely subordinated to state control, continues to influence both legislative drafting and law enforcement practices. During the Soviet period, privacy was not recognized as an individual right, instead, the state maintained extensive control over citizens’ lives. Although the post-Soviet legal reforms marked a shift toward the recognition of privacy as a personal right, this transition has not been fully completed on the institutional level. Law enforcement agencies, for instance, often interpret the boundaries of private life expansively in favor of state interests, especially in areas involving national security or public order.In modern Russian legal thought, there is an increasing emphasis on informational privacy, or informational autonomy — the right of individuals to control how their personal data is collected, processed, and used, particularly in digital environments. Legal scholars emphasize that the protection of privacy in the 21st century cannot be limited to passive guarantees, rather, it requires the establishment of proactive enforcement mechanisms, such as data protection authorities, accessible legal remedies, and effective regulatory oversight.The Russian legal framework provides a multilayered protection of the right to privacy. This protection begins with the Constitution of the Russian Federation, which directly enshrines several key privacy rights. According to Article 23, “Everyone shall have the right to privacy, personal and family secrets, and protection of their honor and good name.” Moreover, the secrecy of correspondence, telephone conversations, postal, telegraphic and other communications is guaranteed, and only a court may permit access to such information.These constitutional norms are supported by specific legislative acts. Most notably, the Civil Code of the Russian Federation outlines civil-law mechanisms to protect individual privacy. Article 152.1 provides that the dissemination of any information about a person’s private life without their consent is unlawful, unless this information is of public interest or obtained from publicly available sources. This is particularly relevant in the context of mass media, public discourse, and the balance between freedom of expression and privacy.Another important legal instrument is the Federal Law No. 152-FZ “On Personal Data” (2006), which serves as the primary legal act governing personal data protection in Russia. It defines personal data, sets out principles for lawful processing, and provides for data subject rights, such as access, correction, and withdrawal of consent. While the law is comprehensive in theory, scholars point out that its enforcement mechanisms are weak and often fail to prevent unauthorized data use by both state and private actors [4].Privacy is also protected in criminal law. Article 137 of the Criminal Code of the Russian Federation establishes liability for illegal collection or dissemination of information about a person’s private life, including photographs and personal correspondence, if done without consent and causing harm to the person. This provision reflects a growing recognition that violations of privacy can cause real damage reputational, emotional, or even economic [5].In addition, the Code of Administrative Offenses includes provisions that apply to organizations and officials who violate data protection rules. For example, Article 13.11 outlines administrative penalties for unlawful processing or protection of personal data, though the fines are often minimal and do not act as a sufficient deterrent. From a judicial perspective, Russian courts including the Constitutional Court have repeatedly affirmed the importance of privacy rights, while also acknowledging that these rights may be limited in certain cases [6]. For instance, the Constitutional Court in its rulings has emphasized the principle of proportionality: any restriction of privacy must pursue a legitimate aim, be necessary in a democratic society, and proportionate to the risk it seeks to prevent.Thus, the legal framework for privacy in Russia is formally well-developed: the Constitution guarantees it, federal laws elaborate on it, and judicial practice confirms its application. However, the gap between the law on paper and its implementation in practice remains a persistent problem due to vague definitions, inconsistent enforcement, and insufficient accountability for violations.The right to privacy in Russia today is both recognized and challenged. On paper, it is protected by the Constitution, by federal laws, by court decisions. But in practice, its boundaries are constantly being tested: by technology, by unclear legal definitions, by weak enforcement, and sometimes by simple human indifference.While working on this article, I became more convinced that the right to privacy isn’t something abstract. It’s not just about “data” or “law.” It’s about people about how much control we have over our own lives, and how easily that control can be taken away, often without us even noticing.Yes, the Russian legal system has tools to protect privacy. But laws alone aren’t enough. If citizens don’t know their rights, if companies aren’t afraid of consequences, if courts hesitate to defend individuals then that protection stays theoretical. Especially in the digital age, where every app we use and every click we make leaves a trace, privacy has to be defended actively, not just assumed.Protecting privacy isn’t about hiding.It’s about respect. And that’s what the law, the state, and society must remember and prove.
Номер журнала Вестник науки №6 (87) том 2
Ссылка для цитирования:
Duisenbayeva F.S. THE RIGHT TO PRIVACY IN THE RUSSIAN FEDERATION // Вестник науки №6 (87) том 2. С. 440 - 444. 2025 г. ISSN 2712-8849 // Электронный ресурс: https://www.вестник-науки.рф/article/23931 (дата обращения: 08.07.2025 г.)
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