The Interpretation of the Right to Privacy in Anglo-American and Russian Legal Doctrines

Abstract

The right to privacy belongs to fundamental human rights stipulated in the basic international treaties and conventions Despite the highest level of international recognition the concept of the right to privacy lacks uniform interpretation Existing definitions and interpretations differ in different legal doctrines. Anglo-American legal doctrine was the first to recognize and legally protect the right to privacy. Long-established legal tradition accounts for a broad construction of the right to privacy spreading its sphere to many aspects of one’s personal and family life. Physical privacy, informational privacy, communicational privacy, territorial privacy is seen as structural components of the concept “privacy” and enjoys equal legal status. This corresponds with the practice of the European Court of Human Rights to spread its protection to more personal and family matters with respect to Article 8 of the European Convention for the Protection of Human Rights Russian legal doctrine gave the right to privacy complete legal recognition and provided possibilities for its protection a decade and a half ago In the Constitution and legal codes the right to privacy is separated from the secret of personal and family life, communicational privacy, inviolability of the home and other corresponding rights. This may lead to think that the right to privacy is construed strictly by the Russian legislator which contradicts the sense of the provisions of international conventions and the established foreign and international legal practice However research shows that Russian scientists and law experts interpret the right to privacy differently giving it a broad definition in a way similar to Anglo-American doctrine though differences remain.