LEGAL CONTENT OF A PERSON’S SECURITY POWERS IN THE SPHERE OF PROTECTION OF HIS/HER INFORMATION RIGHTS

Abstract

The article deals with the notions of information rights and freedoms, which are the fundamental foundations of democratic social order. It is emphasized that the specified sphere of relations should be given special attention by the state as a guarantor of respect for fundamental human rights. A number of informational issues that remain unresolved have been identified. Among them were the poor implementation of legislation in the area of access to information, the lack of clear mechanisms and institutions regarding the procedure for protection of information rights. The content of the paper is analyzed and the legal nature of such phenomenon as the private life of an individual is determined. Its material and information manifestations have been clarified. It is established that the modern substantive law regulates social relations in such a way that eliminates direct interference with the sphere of personal life. However, there are cases where the public interest outweighs the personal needs and priorities of the individual. In the event of a conflict of interests, the proper regulation of the legal relationship to the exercise of each person’s personal rights and their protection against unlawful encroachment should, in each case, determine the preference of which interests, whether public or purely private, should be given when applying the appropriate regulatory tools.

In order to adapt international law enforcement practice to the national system, individual ECtHR decisions in the commentary field have been studied. It has been found that some purely private human rights can be restricted by the authorities, and such interference can, in principle, be recognized as legitimate in the presence of certain prerequisites, the main one being the admissibility and necessity of such interference in a democratic society. A major factor in this need is the overriding importance of social progress in regulated relationships. The Court’s position in a particular case is outlined, where the urgent and important public interest outweighs the inviolability of a person’s private powers. It is concluded that in this way the activity of the national law enforcement system and the research area should be built.