How the law protects the image of a citizen and why smart glasses require special care

Owners of glasses with built-in cameras were reminded of legal restrictions when recording others. In a statement, the Cyberpolice of Russia said that such devices help to shoot first-person video, translate speech and navigate in space, but their use should not violate someone else’s privacy.

At the same time, the law distinguishes between the shooting itself and subsequent publication: permission to record what is happening does not mean an unconditional right to upload the video to the Internet. According to the article “Protection of the image of a citizen” of the Civil Code, the publication and use of the image of a person generally require his consent. An exception is provided for general plans filmed in places of free visit or at public events if the particular person is not the main object of use of the image. There are other exceptions, such as publication in the public, public or other public interest. If the image is posted on the Internet in violation of the law, the citizen has the right to demand its removal and termination of further distribution.

Especially serious risks arise when recording in dressing rooms, changing rooms and other places where privacy is affected. Illegal collection or dissemination of information constituting a personal or family secret may entail criminal liability under the article “Violation of privacy”. However, qualifications depend on the content of the recording and the circumstances of its receipt, not only on the location of the shooting.

Special attention requires a reworking of the device for imperceptible recording. The law takes into account whether the household gadget was intentionally given properties that allow secretly obtaining protected information. Therefore, it is incorrect to say that any overlapping of the indicator automatically turns glasses into a prohibited special means and inevitably entails criminal liability: the design, nature of changes and specific actions of the owner are important. The article provides for liability for illegal production, acquisition or sale of special technical means for secret receipt of information.

Earlier it was reported about the street cameras caught the Kronstadt sports center on a protracted construction site.