ROMAN ZAKHAROV v. RUSSIA JUDGMENT
5
and reputation (Article 23 § 1). It further guarantees the right to respect for
correspondence and telephone, postal, telegraph and other communications.
That right may be restricted only on the basis of a court order (Article 23
§ 2).
16. The Constitution also stipulates that it is not permissible to collect,
store, use or disseminate information about a person’s private life without
his consent. State and municipal authorities must ensure that any person has
access to documents and materials affecting his rights and freedoms, except
where the law provides otherwise (Article 24).
17. The Communications Act of 7 July 2003 (no. 126-FZ) guarantees
the privacy of postal, telegraphic and other forms of communication
transmitted by means of telecommunications networks or mail services.
Restrictions on the privacy of communications are permissible only in cases
specified in federal laws (section 63(1)). The interception of
communications is subject to prior judicial authorisation, except in cases
specified in federal laws (section 63(3)).
18. On 2 October 2003, in its decision no. 345-O, the Constitutional
Court held that the right to privacy of telephone communications covered all
data transmitted, stored or discovered by means of telephone equipment,
including non-content-based data, such as information about the incoming
and outgoing connections of a specified subscriber. The monitoring of such
data was also subject to prior judicial authorisation.
B. Responsibility for breach of privacy
19. The unauthorised collection or dissemination of information about
the private or family life of a person without his consent, where it is
committed out of mercenary or other personal interest and is damaging to
the rights and lawful interests of citizens, is punishable by a fine,
correctional labour or a custodial sentence of up to four months. The same
actions committed by an official using his position are punishable by a fine,
a prohibition on occupying certain positions or a custodial sentence of up to
six months (Article 137 of the Criminal Code).
20. Any breach of citizens’ right to the privacy of their postal,
telegraphic, telephone or other forms of communication is punishable by a
fine or correctional labour. The same act committed by an official using his
position is punishable by a fine, a prohibition on occupying certain positions
or a custodial sentence of up to four months (Article 138 of the Criminal
Code).
21. Abuse of power by an official, where it is committed out of
mercenary or other personal interest and entails a substantial violation of an
individual’s or a legal entity’s rights and lawful interests, is punishable by a
fine, a prohibition on occupying certain posts or engaging in certain
activities for a period of up to five years, correctional labour for a period of