Privatnost` in the Internet

For the beginning - that actually itself represents concept privatnost`. Privatnost` is a right on inviolability of a private{an individual} life, these fundamental human rights which are taking place on one a level with the right for a life and a freedom of worship. Experts Electric Privacy Information Center and Privacy Internetional have suggested to divide{share} conditionally privatnost` into 4 kinds: physical privatnost`, territorial privatnost`, information privatnost` (privatnost` the personal data), privatnost` communications. The last are connected by 2 closest image to the Internet. It will be considered privatnost` the personal data and communications in the Internet below.

With development of telecommunications the Internet began to be used even more often by bodies of the government, public associations, the business - organizations and private persons for satisfaction of various needs{requirements} (personal and business relations).

In new laws and statutory acts there are mentions of computer networks, email, the digital signature. But the majority of them do not take into account specificity of the Wide-area network. Attempts of the state to engage in regulation and to take under the control a "network" life in its{her} any displays even with good intentions turn out inefficient, unreasoned and in what that degrees inadequate, that causes the extremely negative responses on the part of the public and even resistance.

Fundamental human rights - a freedom of speech, freedom of access to the information, the right on inviolability of a private{an individual} life in the Internet are practically unprotected. The Runet grows also infringements of these rights and freedom become more and more often and scale. A problem of protection on-line privatnosti - the phenomenon new and more not got stronger; in Russia problems privatnosti traditionally are not considered priority. Probably, it is certain echoes of spirit socialist which reigned in consciousness of the Russian citizens during long time. On a background of the general{common} picture of regular and rough infringements of the rights and freedom of the person, the infringement privatnosti looks « insignificant business », is removed on the minor plan, and often - in general is ignored. It is aggravated with inaccessibility of the information on real scales of infringements privatnosti and often impossibility to fix in due time the fact of such infringements. Except for that - the legislative base in the field of the Internet and protection of the personal data is very much undeveloped.

Guarantees privatnosti are fixed in the Constitution of the Russian Federation. According to the Constitution everyone has the right to inviolability of a private{an individual} life, personal and family secret, protection of the honour and a reputation (an item 23, item 1), the right on secret of correspondence, telephone conversations, post, cable and other messages (an item 23, item 2). Gathering, storage, use and distribution of the information on private{individual} human life without his  written approval are not supposed (an item 24, item 1). Intervention during a private{an individual} life, restriction of secret of telephone conversations and correspondence can be carried out only on the basis of the law of the Russian Federation or a judgement. The item of 29 Constitutions contain guarantees of a freedom of speech and an information exchange (rights to search, receive, pass, make and distribute the information in any lawful way), and also an interdiction of censorship. According to item 1 of an item of 15 Constitutions the listed clauses{articles} have the maximum{supreme} force and direct action.

The constitution of the Russian Federation establishes restriction of human rights and the citizen in interests of other persons (ch. 3, an item 17), societies (ch. 2 items 29), and the states (ch. 3 items 55, ch. 1 item 56). According to item 3 of an item of 55 Constitutions of the Russian Federation « rights and freedom of the person and the citizen can be limited to the federal law only in that measure in what it is necessary with a view of protection of bases constitutional building, morals, health of the rights and legitimate interests of other persons, maintenance of defense of the country and safety of the state ».

Questions privatnosti Internet users in the Russian legislation are adjusted by the general{common} norms about necessity of protection of a private{an individual} life and the personal data. The concept of information regulation the frame law « About the information defines{determines}, informations and protection of the information ». According to the law the state information resources are open and shared. Exception is made with the documentary information attributed{related} by the law to a category of limited access (the state secrets and the confidential information). The personal data concern to this category also.

The secret of communication{connection} is guaranteed by the federal law « About communication{connection} ». In an item 63 these laws to operators of communication{connection} are made a duty maintenance confidential communication, opening of items of mail, survey of investments, acquaintance with the information and the documentary correspondence, transmitted on networks of telecommunication and networks of post communication{connection} is spoken, that «, carried out only on the basis of the decision of court, except for the cases established by federal laws ». In the law « About communication{connection} » to the confidential information data on subscribers and services of communication{connection} rendered to him  » (by an item 53) are attributed{related} «. Data on subscribers - citizens are forbidden to be used for rendering help services without the written approval of subscribers.

Guarantees of the rights of citizens at carrying out of operative - search actions are defined{determined} in the federal law « About operative - search activity in the Russian Federation ». In an item 5 these laws to operative - search bodies are made a duty maintenance privatnosti citizens. In the law also it is said: « the Person believing, that action of the bodies which are carrying out operative - search activity, have led to to infringement of his  rights and freedom, have the right to appeal against these actions in a higher body which is carrying out operative - search activity to the public prosecutor or in court ».

In the Russian Federation there is a criminal liability for infringement privatnosti. In an item 137 Criminal codes of the Russian Federation are spoken about punishment for infringement of inviolability of a private{an individual} life, in an item 138 - for infringement confidential communication. Besides in an item 272 UK the Russian Federation is established the responsibility for the non-authorized access to the computer information protected by the law. The criminal code provides various forms of punishments: the penalty, corrective jobs, arrest, deprivation of the right to borrow{occupy} the certain posts or to be engaged in the certain activity, and on an item 272 in some cases and imprisonment for the term of till 5 years (ch. 2 items 272). The sum of the penalty is established directly (up to 300 thousand roubles) or at a rate of the income condemned for the term of till 2 years.

The civil Code of the Russian Federation (a part of 2 clauses{articles} 150 GK the Russian Federation) carries inviolability of a private{an individual} life to the non-material blessings protected by the law. Here also advantage of the person, inviolability of person, honour and a reputation, business reputation, personal and family secret are attributed{related}. If moral harm (physical or moral sufferings) by the actions breaking his  personal non-property rights or encroaching for other non-material blessings belonging to the citizen, and also in other cases stipulated by the law is caused to the citizen, the court can assign to the infringer a duty of monetary indemnification of the specified harm (an item 151 GK the Russian Federation). In the Code about administrative offences (has taken effect on July, 1, 2002) There is clause{article} 13.11 according to which " infringement established by the law about gathering, storage, uses or distributions of the information on citizens (the personal data) " attracts the prevention{warning} or punishment as the penalty. The maximal size of the penalty under this clause{article} - 5 minimal sizes of payment (MROT), for officials - 10 MROT, for legal persons - 100 MROT. Ctat`ja 13.14 Codes about administrative offences are established with the responsibility for disclosure of the information, access to which is limited to the federal law (if it does not attract the criminal liability), - up to 10 MROT, for officials - up to 50 MROT. Wrongful refusal of the official in granting the information also is an administrative offence (clause{article} 5.39) and is punished by the penalty up to 10 MROT. <http: // www.internet-technologies.ru/articles/article_340_2.html>

In some countries on the guard privatnosti special official bodies cost{stand}. For example, the Directive of the European union on protection of the data shows to the legislation of the European countries rigid requirements in protection of the personal data. They include presence of corresponding structure which will provide it . Usually it is the representative on privatnosti either the special commissions or committees. Their problems{tasks} are wide enough: consideration of complaints of citizens on intrusion into their private{individual} life, the control over execution{performance} of corresponding laws, examination of legislative initiatives, release of recommendations on gathering and processing of the personal data, etc. In Russia the similar structure no.

But exists COPM-2 - system of means on maintenance of operative - search actions in communication networks, including the Internet. Since 1997 to providers of the Internet it is made a duty to establish the equipment, programs and the selected line for local branch of FSB for granting to employees of FSB of an opportunity distancionno to trace, intercept and interrupt communication{connection} of any client of this provider.

Clause{Article} 23 of the Constitution of the Russian Federation provides, that for interception of messages of Special service are obliged to receive the judicial sanction. However a question on performance of these requirements disputable enough, in fact for access to the Internet - traffic special services actually should not address to providers.

Meanwhile maintenance of the information rights of Internet users in many respects depends on conscientiousness and razumnosti actions of providers. In texts of contracts with various to providers in most cases a mention of confidentiality of the given clients in general are absent. Only in few cases there are guarantees privatnosti, but is indispensable with the clause « except for the cases stipulated by the legislation » for in such cases providers should choose between cooperation with bodies or deprivation of the license. It is not surprising, that the choice falls on the first variant.

Confidentiality of the private data depends and on owners of network resources. Their attitude{relation} to the personal data collected by them represents rather curious aspect of self-regulation in the Internet. It is necessary to attribute{relate} numerous Internet - shops in which now it is possible to get all to such resources that is necessary for soul. The part of such shops represents full-function on-line shops in which the goods can be selected and postponed in « a basket of purchases ». Other part allows to do{make} the order on a site. And in some cases registration before purchase or the order is obligatory, in the some people - voluntary character has, in the majority of cases - is simple naprosto is absent, there is only a form of the order. And guarantees about maintenance of confidentiality and - no the data on how protection of the information is carried out besides in most cases besides in most cases.

On the majority of similar sites necessarily inclusion cookies in a browser of the client. What is it such I shall not describe, I think all are familiar with these files - keepers of the information. On the Russian servers extremely seldom there are preventions  of use cookies. At the best it is instructions how to change adjustments of a browser to allow cookies.

Not a secret, that in Russia, is especial in Moscow and Saint Petersburg, illegal gathering and distribution of the information on private persons and the organizations are widely distributed. Databases on owners of apartments, the ground areas, automobiles, address and telephone bases, databases of passports and passports of the Russian citizens, data on businessmen and many other things use popularity. All this without problems can be bought in the black markets, in the underground, through the Internet, sometimes even it is simple in the street.

The legal status of bases of the personal data remains uncertain. In the Constitution of a guarantee n6eprikosnovennosti a private{an individual} life and a principle of direct action of the Constitution law enforcement bodies, as a rule, count presence insufficient for excitation of criminal case.

So, the right on inviolability of a private{an individual} life in the Russian Federation is supported by the Constitution, a number{line} of the international agreements and federal laws. In UK the Russian Federation are stipulated sanctions for infringement privatnosti, basically - penalties. Special laws « About the Internet » and about the personal data are absent. Legislative process goes slowly and unsystematically. Special bodies or structures on protection privatnosti too are absent. Not enough attention is given problems of communication{connection} on the part of providers and operators of communication{connection}, behind exception, perhaps, a spam. And that struggle against this zarazoj - does not differ special efficiency.

In general, there are no practically any guarantees, that the data left by the user in the questionnaire, the form of the order or registration, will not be used not to destination, will not be sold as databases. Also that rights on inviolability of a private{an individual} life thus will not be broken. And such guarantees will not be, yet there will be no corresponding laws and observance of them. While it is necessary to hope only for own means of protection, encryption of the data and prudence of those, kou millions people trust the information on.