Veshkurtseva, Z.V. Problems of protection of private life when applying Art. 152.2 of the Civil Code of the Russian Federation

Abstract: The author analyzes Art. 152.2 of the Civil Code of the Russian Federation, and its contents, as well as the practice of its application provide basis for ambiguous evaluation, since they may weaken the protection of the inviolability of private life, rather than strengthening this protection. The problem is especially acutely focused on the private life of the renowned persons, the so-called “public persons”, “public figures”, “persons of public professions” and the wishes of the mass media specialized in news from “star life” (so-called “yellow press”) to use this information in order to sell their products. Methodological basis for the article was formed with the modern legal teachings and methodology of scientific cognition. Methodological basis is formed based upon the philosophical and general scientific methods of systemic analysis, generalization of normative materials and judicial practice, dialectic and specific historical approaches towards the problems in question. The article has certain scientific novelty. The provision that there is no violation of part 1 of Art. 152.2 of the Civil Code of the Russian Federation if the information on private life was generally accessible or was divulged by a person himself or according to his will should be terminated from the text of Art. 152.2 of the Civil Code of the Russian Federation, providing that divulging information by a person or according to his will only concerns the source where such an information was provided. And only this source of information (title owner of this source) may be relieved from responsibility for collection, preservation and distribution of information on private life of a person, if the latter shall bring a claim. The condition should not apply to other persons.

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