Legality of covert video surveillance.
Legality of hidden video surveillance Russian law does not prohibit direct hidden video surveillance and wiretapping in public places. In the sphere of Russian justice, there are constant debates supporting or refuting the legality of installing video surveillance in each specific case. But at the same time, according to the Civil Code of the Criminal Code of the Russian Federation, video recordings can have the force of evidence, since they can capture a crime. However, this fact does not fully confirm the legality of hidden video surveillance.
As for the legality of video surveillance, the Federal Law clearly states that organizations and individuals who are engaged in operational and investigative activities can use hidden video surveillance equipment. In such a case, the legality of installing video surveillance is confirmed on the one hand. But Part 1 of Article 23 of the Constitution of the Russian Federation states that everyone has the right to privacy, and the collection, distribution and use of information regarding the life of an individual without his knowledge is prohibited.
For violation of the privacy of a private person, Article 137 of the Criminal Code of the Russian Federation provides for criminal punishment in the form of a fine, correctional labor, and a sentence of up to 4 months. This is the contradiction between the laws. The line separating the privacy of private life and operational necessity is thin.
When surveillance is carried out by law enforcement agencies or private detectives, everything is more or less understandable. However, there is no law that would prohibit private individuals from conducting covert video surveillance. Today, it is very difficult not to become a victim of covert online surveillance. Covert online surveillance can be carried out anywhere, including fitting rooms and public toilets. No one is immune from the fact that their photo in an unsightly form will not end up on the Internet or will not be used to undermine their professional reputation. Sometimes, recordings obtained as a result of covert video surveillance and wiretapping can become a reason for blackmail. Of course, blackmail is a criminal offense, but it is unlikely that anyone in a situation where their reputation is under attack will contact law enforcement agencies. After all, in this case, such carefully hidden information will become public knowledge.
Today, it has become very popular to install hidden video surveillance and wiretapping in offices. Employers justify this by saying that such monitoring helps to identify how conscientiously an employee performs his or her job duties. And employers hide behind Part 1 of Article 91 of the Labor Code of the Russian Federation, which states that an employee must strictly perform his or her job duties during working hours. And, based on this, the employer believes that video surveillance is completely legal, since it helps to identify malicious violators. But such a statement clearly does not stand up to criticism. Many stipulate in the employment contract that video surveillance is conducted at the workplace. And the employee, by signing such a contract, automatically gives consent to this and thereby confirms the legality of the installation of video surveillance.
If the question of the moral aspect of the implementation of hidden video surveillance remains a matter of conscience for everyone, then the aspects of legality or illegality must be regulated at the legislative level.