The law on the preservation of the privacy of private correspondence?
Relying on the experience of visitors of Habra want to find out what is really included in the concept of this law. And to be precise in the aspect of social networking. For example, if two people talk in private messages in the social. network (for example VK, or FB) — does any of them show this correspondence to anyone else, or is obligated by law to obtain a permit?
Thank you.
3 answers
Electronic and other correspondence is treated in the same way as usual, using the closest analogies.
Your correspondence with each other — is a mystery to a third party (hacker, admin social networks). And his actions can be interpreted as a violation of the secrecy of correspondence. But for you and for a friend it is not a mystery. Any of you legitimately has all the information from the correspondence and can dispose of as it sees fit (of course if something else is not limited to, for example, you signed a NDA and discuss a secret project — then it will be on violation of NDA, but not on the secrecy of correspondence).
There was a case recently with a journalist, who published allegedly not approved interviews with Ernst and something like the same with Posner. As I recall, lawsuits were not any, he just became ruko-not-served. To publish in dialogue or correspondence without consent is a moral violation, not administrative. Of course if You have not received this correspondence is illegal. But since You are one side of the correspondence, it belongs to You a priori.
Legally this may be prohibited if the other party first agreed to (in writing) that the correspondence can not disclose. Such correspondence is obtained, disclose only up to the moment it occurred, this agreement.
Otherwise, the only question is an ethical one.
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Criminal code, article 138 — about a third party (the postman, the system administrator) which should have information about your correspondence with someone, but technically can.
If you want a more authoritative opinions from lawyers — look for the commentary to article 138, often in articles about DLP and leakage of information this is discussed. - Wyatt65 commented on October 3rd 19 at 04:32