What is meant by invasion of privacy?
The Criminal Code treats the collection of personal and family information illegally, as well as its public dissemination, as an invasion of privacy. Also, the private life of citizens is protected by the Civil Code. Article 152.2 specifies a direct prohibition on the receipt and use of personal data, including place of residence, marital status and other personal information. Within the framework of civil law, citizens can, on the basis of Article 150 of the Civil Code of the Russian Federation, demand the protection of intangible benefits.
In addition, Federal Law No. 152 “On the Protection of Personal Data” sets the main goal of protecting human rights and freedoms in the field of privacy, personal and family secrets, when transferring this information to third parties.
Stage 2. A little everyday life
Over time, constant closeness gets boring. No, love does not go away - a desire for personal territory appears, the boundaries of which are inviolable. Partners lose interest, the need to share plans or thoughts, and strive to be alone. The thought creeps into your head that love has passed, and this is not surprising. After all, strong and trusting relationships cease to be the same.
Stage 3. “You don’t love me!”
When such changes occur, lovers think that their other half has stopped loving them or is even having an affair on the side. Scenes of jealousy, control, and demands to constantly be together begin. This behavior is most often attributed to a woman, because a man is considered more freedom-loving and striving for independence. The image of a husband going fishing or a football match, and a wife who is trying to disrupt these plans, is firmly entrenched in the mind. But men, zealously defending the right to their own territory and hobbies, often infringe on women in this desire. They seek to control her contacts with friends, demand that she be at home in her free time, and prohibit her from attending parties or other events. But representatives of the fair sex also strive for personal space. When faced with similar relationships on the part of a partner, they naturally demand equality. Very rarely, after all this, a couple maintains a relationship. If this succeeds, one of the parties remains oppressed or submits, sacrificing its interests.
The main reason for these disagreements and disagreements is the lack of personal space. It is caused by childhood ideas about an ideal couple who are happy only together. In reality, such relationships are doomed to failure. You cannot start creating them without understanding that each person is an individual, and he requires a certain amount of free time and territory. No one likes constant monitoring or the need to account for every minute of free time spent apart.
In addition, the basis of reliable and stable relationships is trust. If you are sure that your loved one will not betray you and will support you in any situation, checks and unnecessary questions are ineffective. Otherwise, ask yourself: “Do I need such a relationship?” After all, constant jealousy, spoiled mood and spent nerves will not lead to results. Calls every half hour, hundreds of SMS messages, checking email and hacking pages on social networks - women explain this behavior with the desire to keep their loved one, but they rarely manage to achieve their goal. The result of such relationships is a break.
After all, a person’s need for a certain freedom is as natural as the need for communication, respect or love. By depriving your other half of the right to independence, you not only infringe on her, but also jeopardize your own happiness.
How to preserve not only relationships, but also self-respect and the right to personal space? The rules are simple.
Types of invasion of privacy
Invasion of privacy is considered by the Criminal Code to be the collection and storage of information about a citizen’s identity.
Note!
Article 152.2 of the Civil Code means by private life information about origin, place of stay, residence, personal and family life.
Also, Article 152.1 of the Civil Code of the Russian Federation protects images of citizens: the use and publication of photographs, videos and works of art in which a citizen is depicted is possible only with consent.
Invasion of personal affairs
The Federal Law “On Personal Data” defines personal information as any information relating directly to information relating to a directly or indirectly identified and identifiable person.
Obtaining information about the name, date, place of birth, marital status, address, availability of property, level of education and profession is possible only with the consent of the citizen or by court decision. In other cases, gaining access to this data is considered an intrusion into personal affairs.
Note!
Roskomnadzor clarified that the amount of a citizen’s salary and income is personal information and is protected by law.
Assigning a name or appearance
According to Article 19 of the Civil Code, the acquisition of rights and the performance of obligations is carried out under one’s own name.
In addition, according to the Civil Code, Russians have the right to a pseudonym and change their name. Paragraph 4 of Article 19 of the Civil Code of the Russian Federation outlines a ban on acquiring rights under someone else’s name. Moreover, in the second paragraph of this paragraph, the legislator allows the use of a citizen’s name with his consent for creative and entrepreneurial activities, if this does not mislead third parties.
Illegal use of a first and last name is subject to legal protection under Article No. 152 “On the Protection of Honor, Dignity and Business Reputation” and Article No. 151 “Compensation for Moral Damage”
Personal comfort zone does not depend on income
Common cases that psychologists often talk about.
** In wealthy families, where one of the spouses is the owner of all wealth, everyone except the owner of the house may suffer. Moreover, if he is despotic and will constantly remind you that everything here is earned by him. Often such gentlemen unceremoniously check the contents of their wives’ and children’s purses, their bedside tables, computers...
** But, for example, in a dorm room, where everyone lives on equal terms, no one will experience such negativity, because the tenants immediately stipulated the rules of living together: where is whose stool, shelf, and whether it is possible to sit on someone else’s bed without asking.
Dissemination of information about private life
This is understood as the publication in the public space, as well as the use in the press or on the Internet, of information about a person without his consent.
Part 3 of norm 137 of the Criminal Code provides for punishment for the publication of information about the identity of a victim in a criminal offense under the age of 16 years.
Mention in the public space of descriptions of the suffering of a minor who has suffered during the commission of a criminal offense entails a financial penalty in favor of the state in the amount of 150 thousand to 300 thousand rubles or the total income of the perpetrator for three years.
Also, a person convicted of violating this provision of the law may be deprived of the opportunity to engage in certain professional activities or be required to perform forced labor for five years. The most severe punishment for disseminating information about private life can be arrest for six months or imprisonment for five years.
Note!
Based on part 4 of norm 152.2 of the Civil Code, citizens have the right to petition the court to delete or confiscate video recordings and other documents containing data about their personal lives.
Data about a citizen’s personal life obtained as part of investigative actions is also protected. According to the Federal Law “On Police,” law enforcement officers may request additional information to identify a citizen, including from medical institutions. The transfer of this information, in accordance with Part 6 of Article 5 of the Law, cannot be transferred to third parties without the consent of the citizen, with the exception of situations of initiation of criminal and administrative cases, when documents are transferred to the investigative authorities and the court.
Eastern and Western Approach
We may often feel as if we are individual, that our words are unique and true, that our minds produce ideas that are completely original and unique. This is the big difference between “Western”, Cartesian thinking and “Eastern” thinking based on the teachings of Buddha, Lao Tzu, Zen masters or Indian yogis.
In the context of Western thinking, all people and their thoughts are individual and original, and this individuality is the purpose of life. This is a Newtonian, mechanistic model of the Universe, consisting of many individual objects, where it is generally accepted that consciousness is the result of brain activity.
Eastern philosophy confronts us with the fact that thought is absolute, and that everything that is created by the mind is the result of many influences. That our “I” is a product of cultural conditioning and a synthesis of all accumulated knowledge and thoughts. Thus, the contents of our mind are like an echo of the past, an echo of human experience. These experiences—traditions, beliefs, and ideologies—create a scar in timeless thought from which the “ego” is born. Therefore, it is impossible to consider what is created by the mind as true and original.
In the ocean of information that fills our thoughts, it is necessary to accurately determine for ourselves what really comes from us, from the depths of our understanding of the world, which is the fruits of our self-research and development, and not a set of external impulses, theories and words that we accept as our own . It is absolutely necessary to determine your source of energy and inner freedom, to be your own beacon-navigator in the stormy waves of events. Not because gurus and masters say so, but because it is a natural need, an innate thirst for integrity.
To see what is real, timeless and sincere in us, what comes from the depths of our self-awareness and does not succumb to the chaos on the surface, it is necessary to stop internally. Be fearlessly alone with yourself. In a state of complete attention and inner sincerity, plunge into the depths of your being and determine for yourself your inner dimension, independent of external impulses, independent of external conflicts and restrictions. Let's call it “personal territory”.
Violation of the confidentiality of correspondence and other communications
The Criminal Code protects correspondence, telephone conversations, postal, telegraph and other messages. Violation of this secret on the basis of Article 138 of the Criminal Code of the Russian Federation threatens with a material penalty in favor of the state of up to 80 thousand rubles, compulsory or corrective labor. Violation of the inviolability of the home is also subject to criminal liability.
Restriction of the right to privacy of correspondence, telephone conversations and other methods of exchanging information is possible on the basis of Article 13 of the Criminal Procedure Code only if there is an appropriate court decision.
When there is no punishment
According to norm 20 of the Criminal Code, punishment is not provided for violating the secrets of private and family life in cases where the person who committed this crime has not reached the age of 16 years.
Note!
The Civil Code, in the second paragraph of part 1 of norm 152.2, removes liability for violation of privacy and the dissemination of personal information in state or public interests.
According to the Supreme Court Resolution No. 16 of 2010, paragraph 25, in judicial practice a distinction should be made when publishing information in the media about the private life of officials, when it has a positive effect on public discussion, and publishing information in the press about the private life of citizens, not engaged in public activities.
When considering cases involving the publication in the media of details of the personal lives of public and government figures, the court is guided by the principle of journalists fulfilling their public duty.
Criminal article for violation of personal space
Criminal article for violation of personal space and inviolability of home. Responsibility for violating the inviolability of a citizen’s place of residence is provided for by norm 139 of the Criminal Code.
Note!
Entering a house against the owner’s wishes is punishable by a financial penalty in favor of the state of 40 thousand rubles or compulsory work for 360 hours.
If the violation of personal space occurred with the use of violence or with the use of official position, the punishment is increased. The court may sentence those guilty of committing these actions to a fine of 300 thousand rubles or imprisonment for a period of up to 3 years. Persons who have committed illegal entry into a home using their official position may also be deprived of the right to engage in certain professional activities by court decisions.
Zones
Each person is characterized by an individual way of building his or her own boundaries. In general, it includes four zones:
- Intimate:
15-45 cm. Only the closest people are allowed into this zone - parents, children, spouses, partners. - Personal:
46-120 cm. We keep friends and acquaintances at this distance. - Social:
120-360 cm. This is the distance for communicating with strangers - a plumber called to repair an apartment, a postman or a new colleague. - Public:
further than 360 cm. This distance is maintained whenever possible when there is a large group of people in front of us, for example, at conferences.
In addition to distance from others, personal space also includes what we consider property space: our own room, telephone, clothes, shoes, dishes, hygiene items. If each person has sufficient property space, conflicts in the family arise less frequently. It gives you a feeling of confidence.
For example, the situation in queues contributes to the emergence of conflicts, in contrast to sparsely populated areas.
For a person, a natural need is the desire to be alone for at least a couple of hours a day. With this opportunity, the perception of surrounding people improves and aggressiveness decreases. In the case of forced communication, a feeling of discomfort arises, which in turn causes stress.
When forced to communicate with an unpleasant person, the distance should be maximized. In this case, he may seem quite friendly. After we leave places with large crowds of people, where there is a lack of intimate territory, for example, a clinic, public transport, our condition improves and a sense of comfort returns.
How to learn to build personal boundaries
