Право на тайну связи абонента и пользователя

Юридическая наука. 2020. № 9. С. 55–58.

Изотова А. Н.

With the development of digital technologies, the problem of protecting various kinds of data related to information of limited access, including the privacy of communication, becomes of great importance. The article discusses the right to privacy of communication of a subscriber (a person who enters into an agreement with a communication operator) and a user of communication services. Examples of such legal relationships are the relationship over privacy of correspondence and telephone conversations between an employer and an employee, as well as a parent and a child. Of the interrelationships between the subjects of the privacy of communication between themselves, this type seems to be the most complex and least regulated. Therefore, the author made an attempt to differentiate the rights of the subscriber and the user. As a result of the study, the author concluded that there is a conflict between the right to privacy of the subscriber's communication and the right to privacy of communication and the inviolability of the user's private life. It also highlights approaches to resolving such a conflict, including taking into account the practice of the European Union.

The research methodology is represented by formal-legal, comparative methods and analogy method.

Keywords: тайна переписки, телефонных и иных переговоров, почтовых, телеграфных и иных сообщений, частная жизнь, data confidentiality, конфиденциальность, communication privacy, privacy of correspondence, тайна связи