Integrity and Singularity: on a Civil Law Protection of the Privacy in the Countries of the Eurasian Economic Union

Abstract

The article assesses the need for a privacy right to be enshrined in the Russian civil law. In effect, the issue is whether time is ripe for the protection of a universal right that would cover all personal interests. Aim. To propose and substantiate civil law protection of the privacy by means of a single subjective right. Tasks. To submit the rationale for enshrining a universal personal right, to offer a concept of the privacy as a protectable legal asset, to respond to possible objections, to demonstrate advantages of a unified legal regime.Methods. Alongside general scientific approaches, the methods used in the research include interpretation technique, comparative jurisprudence, applying assessment of law efficiency based on its concept as a way to harmonize private interests.Results. While the idea of personal space is making its way to a greater identity in the minds of the Russian people, the civil legislation provides protection to such interests only in cases provided for by the law. However, the judicial protection of all personal interests by default outside the legal regime would be an inefficient solution. The author offers his own theory of privacy as a legal category. Apart of providing defense for any relevant interests, legal recognition of a single personal right will allow to identify features of protectability, to stipulate the exemptions, and make easier for the courts to deny protection in cases of abuse of the right.Conclusions. The development of civil legislation is increasingly lagging behind the need in protection of personal interests. The author stands up for a single personal right to be enshrined in the law. The crucial test is whether such a right live up to expectations of the parties of relations in question, i.e. citizens of Russia, rather than the extent to which such a rule is recognized by other jurisdictions.

Keywords

• personal law
• the principle of permissibility
• abuse of law
• exercise of civil rights
• tort