21st century society is continuously connected with all kinds of concepts of information dissemination in interpersonal contacts. Modern man has become dependent on social networks, communication at a distance, and another type of non-verbal communication channel. The secrecy of communication is the only thing that can ensure our information security. But the concept of "mystery" is not limited to simple communication.
The concept of the mystery of communication
In legal language, this is what is called a value, which ensures the secret of the personal life of every person and citizen in the world. Today, the concept is an integral part of the Declaration of Human Rights. Throughout the world, the protection of the secrecy of communications is an integral aspect of human rights in general, which is recognized throughout the world by the legislative level. Only in some special cases, such as writing a telegram, due to their technical features of the transmission, is it possible to familiarize oneself with personal messages. Only in such cases is this not a violation of the rights of citizens. It would be unlawful in this case to divulge this information. The concept of secrecy of communication and personal life includes: directly messages, information about them, telephone conversations and information about their duration, time of their commission.
Where did the concept of information privacy appear?
One of the first data that speaks of the existence of communication secrets in the world was found in the ancient remains of Peruvian cities. This data refers to the mail of the Incan peoples. By the sixteenth century there had long existed messengers who were engaged in sending messages, delivering parcels, provisions and other data. It was these peoples who first became aware of the secrecy of correspondence and the protection of private information of citizens.
The concept of violation of secrecy
One of the main terms describing the violation of personal life and the secrets of communication is called censorship. This is a process in which third parties view, analyze and interact with information that is unknown to either the sender or the recipient. Nevertheless, this concept is often confused with a fairly common phenomenon in which these actions are performed legally. Initially, the term covered only the area of postal and written sources of information. In the modern world, the plane of this concept is not limited by anything, if we talk about the secrecy of communication and privacy of personal life. As for telephone conversations, this concept has no term and is simply called "wiretapping of negotiations."
Before the laws on data privacy appeared, many countries used means of censorship and wiretapping in order to identify, track down and catch all the "enemies of the people." In many socialist countries of our time, this practice is still in effect.
Until the beginning of the 20th century, no one was dealing with this issue, although the disclosure of the secret of communication was not practiced officially. On this basis, a whole shadow market grew, which was engaged in censorship activities, the purpose of which was to sell information obtained illegally. At the state level, such services existed in all more or less large cities of the Russian Empire. It is known that perusal began to appear around the time of the reign of Peter I.
Restriction of confidentiality of correspondence and means of communication
Despite all kinds of acts and conventions that the Russian Federation has signed, the country has a whole system that deals with the disclosure of private information, as evidenced by the fact that every mobile operator, as well as an Internet provider, is required to store all information about users for six months. This became possible after amendments to the basic law of the state, in particular article 23 of the Constitution of Russia. However, from the point of view of an official act, such actions can be performed only in special cases, which are regulated by federal law.The executive branch, in fact, has the opportunity to obtain information about the duration of calls and the time they were made, even before a court decision. Security officials and ministries of the interior are required to submit a decree according to which such measures become acceptable. Otherwise, these persons will be punished by reprimand or dismissal from office. After the decree signed by Dmitry Medvedev in 2014, all forums, social networks and any other sites are required to provide all the information about users and the content that they distribute on these sites. Thus, the special services working in the Russian Federation get the opportunity to collect and analyze information about citizens on an autonomous level. Who should purchase equipment for collecting and processing information about site visitors is not specified.
According to the European court, such a practice is unacceptable. It directly violates several articles of the Declaration of Human Rights.
About privacy
A key aspect that is included in the concept of communication secrets in the modern world. It includes many subsections, such as:
- a ban on the collection, processing, storage and dissemination of information about citizens if permissions for these actions have not been received;
- on the rights governing the control of personal data;
- point of protection of honor, reputation and name of a citizen;
- secrecy of mail and other communication channels;
- medical, family (on adoption or others), confession - all this is also regulated by laws on privacy and confidentiality of information.
In Russian legal practice, two concepts of privacy are shared. There is a narrow and broad interpretation of the law. In the narrow sense, this is the protection of small areas of life, such as interpersonal relationships, friendly communications, and the like. In a broad sense, this is the protection of the vast sphere of interactions of individuals, which does not include activities in public, but only the protection of personal data, family secrets, and the inviolability of private property.
When did the phrase "privacy" appear
For the first time this concept began to appear in Western and Central Europe. This happens during the growing number of bourgeois revolutions. The disclosure of confidentiality of correspondence became prohibited after the legislative fixing of this issue in France, as well as in the United States.
The first articles on this subject were written back in 1890. The famous lawyers Brendyza and Warren wrote the first work explaining on the shelves how the new legislation acts and what significance it has for the whole world. In United States jurisprudence, more and more incidents began to occur in which the plaintiff had to be protected from invasion of his private. a life. Thus, the need to regulate the protection of privacy and turned into this law. In the future, and in Europe, similar processes began. The European Court of Human Rights in Strasbourg has been protecting the secrecy of postal communications since 1945, and its other forms since 1948.
Confidentiality
In the laws of most countries, concepts such as the inviolability of private (personal) life, secret communications and privacy are very closely related. Information that has been called confidential, secret, is recognized as not being publicized, that is, it is secret. No one, including the carriers or custodians of this information, has the right to disseminate it.
The problem of this issue became especially acute for government bodies with the development of information systems for the distribution and storage of information, which is why communication secrecy has become a more valuable attribute of secret communications. Depending on the level or secrecy, the attitude of the judicial system to the law on confidentiality is different.There are as many as six directives on this subject in European law. They include provisions on the illegality of unauthorized access to information, interception of important state channels of secret communications, processing and use of devices located in the zone of the decree.
If we talk about this term in the framework of Russian law, it is worth noting that the phrase "confidentiality of information" is not found in it. What can I say, if the federal law on the protection of information and control of data dissemination processes has lost its force back in 2009. It was in him that information was recorded on the regulation of these legal aspects. It also notes that the person who received confidential information for use is obliged to store it and does not have the right to distribute it between third parties.
The only act that today is able to control and counteract violations of the secrecy of communications is the decree of the President of the Russian Federation. It contains clarifying information on communications and privacy issues.
What is privacy in Russia?
Strange as it may seem, the history of the communications law and communications secrets in the Russian Federation begin in 1991, after the collapse of the Soviet Union. Formally, the socialist state had such a clause in the Constitution, since the USSR General Secretariat signed the Universal Declaration of Human Rights in 1948. In fact, in the judicial practice of the union there was not a single case in which the disclosure of the secrets of communication would be protected by the state.
Today in modern Russia there is a law protecting the private life of citizens. Article 63 “Communication secrecy” ensures the inviolability of confidentiality of correspondence, calls, paper or other letters, electronic parcels, which obliges to keep secret all data held by Internet providers and mobile operators. They are not allowed to view or interact with private data. In case of violation of the law, representatives of postal and other services will be responsible in all severity. Viewing personal data is permissible only in cases provided for by federal law. Representatives of the federal security service and the police can also view other people's information, but only in cases provided by law. Usually this action becomes a way to prevent illegal actions, as well as signs and events that could adversely affect social, economic or political life and freedom of society. The transfer of information constituting a secret of communication is permissible only in this case.
Nevertheless, even before the circumstances are clarified, the structures related to security in the Russian Federation have the means to listen to the calls of every citizen of Russia. It is also worth noting the well-known case of violation of the secrecy of communication, which occurred in the spring of 2018, related to the disclosure of confidentiality of correspondence in the Telegram messenger. Thus, the transfer of information constituting the secret of correspondence was legalized.
Russian studies
The most famous researchers of the protection of human rights, in particular aspects related to the components of the secret of communication, were: Maleina, Petrukhin, Romanovsky and Khuzhokov.
Also, Kotov studied and considered the legal side of the issue in his monograph, it was called "Institutional Rights to Personal Life in the Laws of the Russian Federation". In his opinion, the sphere of the study of personal life includes a large part of state rights and liberties, which provide the fulfillment of opportunities to exercise the right to respect and preserve the personal life of a citizen, which is regulated by the eighth article of the Declaration on Human and Citizen Rights.
Nevertheless, Romanovsky notes that the inviolability of personal freedom can be canceled by decision of the legislative bodies, which are enshrined in the Criminal Code, and this, in turn, is contrary to the Constitution of the Russian Federation.This action is interpreted by the researcher as not explained at the legislative level, which provokes legal ambiguity. This may be the result of misinterpretation and implementation of international laws and articles of conventions.
Information Security and Threats
Researchers call confidentiality, integrity and accessibility the main criteria for maintaining information security. In the modern world, this concept is divided into two components: technical and psychological information. These aspects are protected from threats of information disruption. They mean any processes or actions that can harm others' interests. Here, such types of threats are distinguished as:
- Anthropogenic. They are caused by a person or a group of persons who have the means and capabilities that lead to the violation of the secrecy of communication or the integrity of information objects. This danger can come both from within the company, and outside.
- Technical They are not classified as secret communications and are little predictable. Depend on the quality and properties of technical equipment.
- Spontaneous. The most unpredictable list item. Associated with actions that cannot be predicted.