GLONASS and GPS monitoring of people: is it legal?
In recent years, the popularity of the use of satellite monitoring systems can be explained not only on how well they optimize logistics processes or reduce risks car theft, but the same and how they are convenient and efficient for tracking people.
Typically, satellite monitoring is used to control children, adolescents, spouses, and elderly relatives. Sometimes the GPS, and in the last time and GLONASS system is used and employers who suspect their employees are not conscientious attitude to business. Naturally the diffusion of these technologies presents the society with a number of issues related to ethics and legality. And if in matters of ethics we can argue forever, on the question whether it contradicts the law, it would seem, it is possible to find a definite answer. This issue was raised and discussed repeatedly, for example, heated debates can be seen on specialized forums (for example, here), the company's operators and integrators of monitoring systems share with each other their thoughts about the ethics and legality of using satellite monitoring.
you can Start with the basic law of the state of the Constitution. According to article 28 of the Constitution: Everyone has the right to protection from illegal interference in his private life, including encroachments on the privacy of correspondence, telephone and other messages, on his honor and dignity. Thus, the right to privacy and freedom of movement (article 30 of the Constitution) are an inalienable, innate rights. They are fixed at the level of human rights and Constitutions of different countries. For example, article 23 of the Constitution of the Russian Federation says: 1. Everyone has the right to inviolability of private life, personal and family secret, protection of honour and good name. 2. Everyone has the right to privacy of correspondence, telephone conversations, postal, Telegraph and other messages. The limitation of this right is permitted only on the basis of a judicial decision.
So, it is possible with sufficient confidence to declare that, in terms of the conventional civil rights and liberties monitoring violates the right to privacy. Since the restriction of this right in the Constitution and in the Constitution of the Russian Federation is allowed only in case of search operations or investigative actions, there is no legitimate justification for the supply of family members, personal GPS trackers (which does not affect the popularity of their use: to one only Wialon'have connected almost 10 000 different personal trackers and 90 000 car. Remains a mystery in the course of these thousands of people that they are being watched – whether mobile workers, the elderly, or wives with mistresses :). However, the right to privacy is one of the inalienable freedoms enshrined in legal practice, and consequently, they have small children and the elderly, regardless of their health status.
In the end, it can be concluded that the monitoring of people at least violates the Russian Constitution and the Convention on the rights of man.
At the same time, Belarusian legislation does not provide for any punishment for the use of satellite monitoring and, therefore, this action cannot be called illegal. This is a classic situation where the development of technology and public relations ahead of creating a legal framework designed to regulate them.
So, at this stage, everyone can make a personal decision about whether to use a satellite monitoring system for tracking people.
And would you use something knowing that it is contrary to human rights and the Constitution?
Article based on information from habrahabr.ru
Typically, satellite monitoring is used to control children, adolescents, spouses, and elderly relatives. Sometimes the GPS, and in the last time and GLONASS system is used and employers who suspect their employees are not conscientious attitude to business. Naturally the diffusion of these technologies presents the society with a number of issues related to ethics and legality. And if in matters of ethics we can argue forever, on the question whether it contradicts the law, it would seem, it is possible to find a definite answer. This issue was raised and discussed repeatedly, for example, heated debates can be seen on specialized forums (for example, here), the company's operators and integrators of monitoring systems share with each other their thoughts about the ethics and legality of using satellite monitoring.
you can Start with the basic law of the state of the Constitution. According to article 28 of the Constitution: Everyone has the right to protection from illegal interference in his private life, including encroachments on the privacy of correspondence, telephone and other messages, on his honor and dignity. Thus, the right to privacy and freedom of movement (article 30 of the Constitution) are an inalienable, innate rights. They are fixed at the level of human rights and Constitutions of different countries. For example, article 23 of the Constitution of the Russian Federation says: 1. Everyone has the right to inviolability of private life, personal and family secret, protection of honour and good name. 2. Everyone has the right to privacy of correspondence, telephone conversations, postal, Telegraph and other messages. The limitation of this right is permitted only on the basis of a judicial decision.
So, it is possible with sufficient confidence to declare that, in terms of the conventional civil rights and liberties monitoring violates the right to privacy. Since the restriction of this right in the Constitution and in the Constitution of the Russian Federation is allowed only in case of search operations or investigative actions, there is no legitimate justification for the supply of family members, personal GPS trackers (which does not affect the popularity of their use: to one only Wialon'have connected almost 10 000 different personal trackers and 90 000 car. Remains a mystery in the course of these thousands of people that they are being watched – whether mobile workers, the elderly, or wives with mistresses :). However, the right to privacy is one of the inalienable freedoms enshrined in legal practice, and consequently, they have small children and the elderly, regardless of their health status.
In the end, it can be concluded that the monitoring of people at least violates the Russian Constitution and the Convention on the rights of man.
At the same time, Belarusian legislation does not provide for any punishment for the use of satellite monitoring and, therefore, this action cannot be called illegal. This is a classic situation where the development of technology and public relations ahead of creating a legal framework designed to regulate them.
So, at this stage, everyone can make a personal decision about whether to use a satellite monitoring system for tracking people.
And would you use something knowing that it is contrary to human rights and the Constitution?
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