Constitutional legal limits to privacy protection

Abstract

Relevance. The right to privacy, as one of the basic constitutional rights of man and citizen, is subject to protection in accordance with Art. 23, 24 of the Constitution of the Russian Federation. On the basis of constitutional justice and the scientific views of theorists, the content of the law in question is disclosed, problems of a legislative and terminological nature that affect its content and the establishment of limits of constitutional legal protection are described.The purpose of the study is to supplement theoretical provisions that contribute to the deepening of scientific knowledge about the protection of the constitutional right to privacy, its content and the limits of constitutional legal protection.Objectives: to analyze the practice of the Constitutional and Supreme Court of the Russian Federation in cases of protecting the right to privacy and the scientific positions of scientists regarding its concept; describe the state of constitutional and legal protection and the content of the right in question; identify legislative and terminological gaps impeding its proper protection; define the boundaries of constitutional legal protection.Methodology. The study was carried out using methods of analysis and synthesis, induction and deduction, documentary, formal-legal, system-analytical and formal-logical methods. The results of the study are formulated theoretical provisions characterizing the content of the right to privacy and the objective limits of its constitutional and legal protection.Conclusion. In the theory of constitutional law and the practice of the Constitutional Court of the Russian Federation, there is a change in the trend in the interpretation of the right to privacy from «negative» to «positive». It is transformed by supplementing the concept of private life with new types of information that make it up (the right to genetic inviolability, inviolability of personal data, secrecy when using reproductive technologies, etc.). A forecast is given on the modernization of the system of personal human rights with the recognition of an independent right to protect personal data.