ROMAN ZAKHAROV v. RUSSIA JUDGMENT
7
section was amended and a further aim, that of obtaining information about
property subject to confiscation, was added.
27. State officials and agencies performing operational-search activities
must show respect for the private and family life, home and correspondence
of citizens. It is prohibited to perform operational-search activities to
achieve aims or objectives other than those specified in the Act (section 5(1)
and (2) of the OSAA).
28. State officials and agencies may not (a) conduct operational-search
activities in the interest of political parties, non-profit or religious
organisations; (b) conduct secret operational-search activities in respect of
federal, regional or municipal authorities, political parties, or non-profit or
religious organisations with the aim of influencing their activities or
decisions; (c) disclose to anyone the data collected in the course of the
operational-search activities if those data concern the private or family life
of citizens or damage their reputation or good name, except in cases
specified in federal laws; (d) incite, induce or entrap anyone to commit a
criminal offence; (e) or falsify the results of operational-search activities
(section 5(8) of the OSAA).
29. Operational-search activities include, inter alia, the interception of
postal, telegraphic, telephone and other forms of communication and the
collection of data from technical channels of communication. The Act
stipulates that audio and video-recording, photography, filming and other
technical means may be used during operational-search activities, provided
that they are not harmful to the life or health of those involved or to the
environment. Operational-search activities involving the interception of
postal, telegraphic, telephone and other forms of communication and
collection of data from technical channels of communication using
equipment installed by communications service providers is carried out by
technical means by the FSB and the agencies of the Ministry of the Interior,
in accordance with decisions and agreements signed between the agencies
involved (section 6 of the OSAA).
30. Presidential Decree no. 891 of 1 September 1995 provides that the
interception of postal, telegraphic or other communications is to be carried
out by the FSB in the interests and on behalf of all law-enforcement
agencies (paragraph 1). In situations where the FSB does not have available
the necessary technical equipment, interceptions may be carried out by the
agencies of the Ministry of the Interior in the interests and on behalf of all
law-enforcement agencies (paragraph 2). Similar provisions are contained in
paragraphs 2 and 3 of Order no. 538, issued by the government on
27 August 2005.