Принцип неприпустимості свавільного втручання у сферу особистого життя людини

The right to privacy is a separate, personal non-property right that belongs to every individual from birth, regardless of the extent of legal capacity, and consists of the following rights: first, to have a private life; second, to determine one’s private life and the mode of access to information about it; third, to require other persons to refrain from interfering in this sphere of life. Private life is a key aspect of the existence of any person, and the right to respect for private life is recognized as a fundamental human right in a number of international human rights documents. Its provision is guaranteed by implementing the principle of inadmissibility of arbitrary interference with the sphere of private life, which is based on the freedom of one person to the freedom of another. However, the principle of inadmissibility of interference with private life is not absolute. Since such interference is possible and permissible, provided that it is carried out in cases established by law, which is necessary in a democratic society and for a legitimate purpose. Furthermore, it is important that the legislation on this issue is clear, foreseeable and adequately accessible. The law should be sufficiently clear in its wording to provide citizens with clear information about the conditions and circumstances under which the authorities are authorised to take any measures of secret surveillance and collection of data on a person’s private life. At the same time, the legislation should indicate with sufficient clarity the scope and manner of implementing the relevant decision granted to the public authorities in order to ensure that individuals have the minimum level of protection to which they are entitled under the rule of law in a democratic society. In particular: the legitimacy of the interference is: first, the presence of a specific basis in national law for the application of measures of interference in the sphere of private life; second, the accessibility and clarity of the law establishing such a basis, which, moreover, must be capable of foreseeing its consequences; third, the measures of interference must be compatible with the rule of law.