Suchergebnisse

Despite the differences in the understanding of the relationship between religion and law and their place in the social-normative system of the state, most experts agree that religion, along with morality and law, is a normative-regulatory system that ensures the ordering of social processes through their conscious obedience to established rules. The religiously normative attitudes of Islam, in their essence, are social imperatives, expressed in the corresponding norms of the Muslim's behavior. Although, within the framework of this article, the task is not to determine the importance of religion for the social regulation of human behavior in modern society, it should be noted that in some countries, public and political life is focused on religious traditions and is based on Islamic (Muslim) law, which is one of the main world systems of law (along with continental and Anglo-Saxon). The all-encompassing nature of Islam is clearly manifested in the Shariah, represented by a system of rules governing the religious and secular behavior of a person, including Islamic dogma and ethics, as well as the rules of human behavior in all spheres of life. The study of such norms within the framework of Sharia is a special science— fiqh. This term designates not only the specified area of Islamic knowledge, but also the rules of external behavior of people developed by it. This science is often called Islamic jurisprudence, and the norms formulated by it are called Islamic (Muslim) law, although not all of them are legal. This article is devoted to the analysis of the approach of modern Islamic legal thought about the right to privacy and an attempt to consider the institution of protection of personal data of an individual through the prism of the concept of protection of the home in Islamic law. ; Несмотря на различия в понимании соотношения религии и права и их места в социально-нормативной системе государства, большинство экспертов сойдутся во мнении, что религия наряду с моралью и правом является нормативно регулятивной системой, обеспечивающей упорядочивание общественных процессов посредством сознательного их подчинения установленным правилам. Религиозно-нормативные установки ислама по своей сути являются социальными императивами, выраженными в соответствующих нормах поведения мусульманина. Хотя в рамках рассматриваемой статьи не стоит задача определить значение религии для социальной регуляции человеческого поведения в современном обществе, следует отметить, что в отдельных странах общественная и политическая жизнь ориентирована на религиозные традиции и основана на исламском (мусульманском) праве, являющемся одной из основных мировых систем права (наряду с континентальной и англосаксонской). Всеобъемлющий характер ислама ярко проявляется в шариате, представленном системой правил, регулирующих религиозное и мирское поведение человека, и включающем в себя исламскую догматику и этику, а также правила поведения людей во всех сферах жизни. Изучением таких норм в рамках шариата занимается особая наука — фикх. Данным термином обозначается не только указанная область исламского знания, но и разрабатываемые ею правила поведения людей. Эту науку нередко называют исламской юриспруденцией, аформулируемые ею нормы— исламским (мусульманским) правом, хотя не все из них являются правовыми. Данная статья посвящена анализу подхода современной исламской правовой мысли оправе на неприкосновенность частной жизни ипопытке рассмотреть институт защиты персональных данных личности через призму концепции защиты жилища висламском праве.

A right to private family life is protected on both (national and international) levels. Universal nature of this right does not eliminate problems which arise from its implementation in practice. Legal regulation does not reflect changing social reality; state's culture, custums, religion has an undeniable influence on content and ambit of private family life; states' authorities have a wide margin of appreciation in determining what measures to take in order to implement this right and to guarantee its protection. All of these problems result in the unanswered questions about homosexuals', unmarried partners', single parents' right to private family life and its extent, state's positive and negative obligations. This master thesis approaches the right to private family life, its content and limits by analyzing pluralistic concept of family, parent-child relationships and related obligations of the state, imigration and its impact on right to family reunification. The author focuses on answering these questions: which subjects have a right to private family life; what institutes conclude this right and what problems arise from it in pratice; how are the right of free movement and the right to family life protected; how is Article 8 para. 2 of ECHR (that indicates the circumstances in which public authorities can validly interferance with the right to family life) applied in reality. The research has showed that right to private family life is limited by narrow definition of family. This limitation on the right in question is especially noticeable in national law (there is an equal sign between family and marriage in Lithuanian Republic). EU institutions have taken actions in order to overstep this narrow concept, however, these actions can not be held sufficiently effective. In spite of the fact that ECHR foresees the widest definition of family members, it still differentiates the ambit of family private life based on sexual orientation. Problems relating the right to know one's origins, paternity establishment, adoption, care, parents' and children's right to communicate are solved by examining all circumstances and striking a fair balance between these competing interests. All questions should be answered in the light of child's best interests. The institutes mentioned above presuppose state's obligations not only to ensure that it does not deprive person of the right to private family life, but also to take positive action to recognize family relationships and protect them. Even though, the states enjoy wide margin of appreciation in determining its family policy, it has to be mentioned that a failure to fulfill positive and negative obligations, as well as unreasonable restrictions on this right can be noticed in practice. Migration policy depends on the state's national laws, its oligations to EU and ECHR. It is universally acknowledged that the right to family reunification is a part of family private life. Nevertheless, questionable restrictions are set by ECHR in its case law.

A right to private family life is protected on both (national and international) levels. Universal nature of this right does not eliminate problems which arise from its implementation in practice. Legal regulation does not reflect changing social reality; state's culture, custums, religion has an undeniable influence on content and ambit of private family life; states' authorities have a wide margin of appreciation in determining what measures to take in order to implement this right and to guarantee its protection. All of these problems result in the unanswered questions about homosexuals', unmarried partners', single parents' right to private family life and its extent, state's positive and negative obligations. This master thesis approaches the right to private family life, its content and limits by analyzing pluralistic concept of family, parent-child relationships and related obligations of the state, imigration and its impact on right to family reunification. The author focuses on answering these questions: which subjects have a right to private family life; what institutes conclude this right and what problems arise from it in pratice; how are the right of free movement and the right to family life protected; how is Article 8 para. 2 of ECHR (that indicates the circumstances in which public authorities can validly interferance with the right to family life) applied in reality. The research has showed that right to private family life is limited by narrow definition of family. This limitation on the right in question is especially noticeable in national law (there is an equal sign between family and marriage in Lithuanian Republic). EU institutions have taken actions in order to overstep this narrow concept, however, these actions can not be held sufficiently effective. In spite of the fact that ECHR foresees the widest definition of family members, it still differentiates the ambit of family private life based on sexual orientation. Problems relating the right to know one's origins, paternity establishment, adoption, care, parents' and children's right to communicate are solved by examining all circumstances and striking a fair balance between these competing interests. All questions should be answered in the light of child's best interests. The institutes mentioned above presuppose state's obligations not only to ensure that it does not deprive person of the right to private family life, but also to take positive action to recognize family relationships and protect them. Even though, the states enjoy wide margin of appreciation in determining its family policy, it has to be mentioned that a failure to fulfill positive and negative obligations, as well as unreasonable restrictions on this right can be noticed in practice. Migration policy depends on the state's national laws, its oligations to EU and ECHR. It is universally acknowledged that the right to family reunification is a part of family private life. Nevertheless, questionable restrictions are set by ECHR in its case law.

The definition of private life is a relatively new concept in the Lithuanian law. The laws of the country do not strictly define what the private life is. There are no rules in Lithuania which would clearly describe which aspects of private life of a public figure should be revealed and which should not be communicated to the public. There is a huge number of privacy theories which prove how difficult it is to define privacy. Some theorists (L. Brandeis, W. Brennan) relate privacy to the human rights; others (R. Gavison, A.F. Westin) link it to the isolation; some of them (C. Fried, A. Miller) see privacy in relation with control. There is no unanimous classification of privacy theories. The empirical aim of the research is to analyse the aspects of politicians' privacy described in Lithuanian daily newspapers (Lietuvos Rytas and Respublika). Two national daily newspapers, namely Lietuvos Rytas and Respublika, have been chosen for the analysis of the research topic. The periods of elections to Lithuanian Seimas in 2004 and 2008 have been chosen for this research. Three months before the elections and three months after the elections during the selected years have been chosen as the period for the research. The main objective was to observe whether the number and nature of the articles describing the private life of politicians differ and if the alternation is noticed how does it change. The chosen periods for the research are from 1 July, 2004 until 31 December, 2004 and from 1 July, 2008 until 31 December, 2008. During these periods, the articles which described the private life of politicians or their family members, i.e. the articles which do not relate to the direct duties of the politicians, from the above mentioned daily newspapers were analysed. The results of the research. The research conducted has revealed that there are cases when news media representatives who present the information about the private life of politicians or their family members are driven by their curiosity rather than rightful public interest and in this way infringe the politicians' rights for private life. The research has shown that the politicians and their family members do not avoid talking about and publicising their most private experiences. It should be noted that the positive articles about politicians' private lives could be used as a tool to form a particular image of politicians.

The definition of private life is a relatively new concept in the Lithuanian law. The laws of the country do not strictly define what the private life is. There are no rules in Lithuania which would clearly describe which aspects of private life of a public figure should be revealed and which should not be communicated to the public. There is a huge number of privacy theories which prove how difficult it is to define privacy. Some theorists (L. Brandeis, W. Brennan) relate privacy to the human rights; others (R. Gavison, A.F. Westin) link it to the isolation; some of them (C. Fried, A. Miller) see privacy in relation with control. There is no unanimous classification of privacy theories. The empirical aim of the research is to analyse the aspects of politicians' privacy described in Lithuanian daily newspapers (Lietuvos Rytas and Respublika). Two national daily newspapers, namely Lietuvos Rytas and Respublika, have been chosen for the analysis of the research topic. The periods of elections to Lithuanian Seimas in 2004 and 2008 have been chosen for this research. Three months before the elections and three months after the elections during the selected years have been chosen as the period for the research. The main objective was to observe whether the number and nature of the articles describing the private life of politicians differ and if the alternation is noticed how does it change. The chosen periods for the research are from 1 July, 2004 until 31 December, 2004 and from 1 July, 2008 until 31 December, 2008. During these periods, the articles which described the private life of politicians or their family members, i.e. the articles which do not relate to the direct duties of the politicians, from the above mentioned daily newspapers were analysed. The results of the research. The research conducted has revealed that there are cases when news media representatives who present the information about the private life of politicians or their family members are driven by their curiosity rather than rightful public interest and in this way infringe the politicians' rights for private life. The research has shown that the politicians and their family members do not avoid talking about and publicising their most private experiences. It should be noted that the positive articles about politicians' private lives could be used as a tool to form a particular image of politicians.

Nowadays most of the information is gathered through the internet, where a vast amount of data is being exchanged every second. However, most of the cyberspace users are not fully aware of the technological side of the Internet. One of the tools used on the Internet to ensure instant and informative service to users, are cookies, a small piece of collected data about user's preferences. Data collected and combined from different cookies creates a serious danger to users' privacy. The fact that users are not always aware of their data being collected even sharpens the problem of privacy protection on the Internet. The purpose of this thesis was to examine the consent requirement for the use of tracking cookies in legal framework of European Union, United States of America and Lithuania and to find out if the use of tracking cookies without user consent interferes with users' right to privacy. In order to achieve the aim of this work, descriptive-interpretive research approach was used in the first part of thesis to analyse various concepts of privacy, defined in different scientific literature, as well as different types of cookies and their purpose. In the second part of thesis, normative-comparative approach was used to analyse various legal systems, their essential laws and principles, theoretical backgrounds and their requirements for the valid user consent intended for the use of cookies. The principal conclusion was that use of tracking cookies without unambiguous (opt-in) user consent interferes with users' right to privacy and personal data protection.

Globally, the growing downloads of mobile applications is growing every year. As a result, the competitive environment for mobile applications is growing in parallel. Therefore, trust in applications and their developers can be ensured through the correct implementation of data protection practices. However, data protection is not always actually ensured or provided to consumers in a simplified language. The main purpose of this work is to determine the impact of privacy policy information presentation formats on the intention to deploy mobile applications in different categories. The work was divided into three parts. The first part examines the objectives of the privacy policy and the basic data protection requirements, the categories of mobile applications, the perceived risks and trust related to data protection, the basics of communication and visualization of privacy policy information, the variables to implement applications. In the second part - the research methodology is described, hypotheses are raised. The third part analyses the results of the quantitative study, identifies the formats of the presentation of the privacy policy that determine the consumers' decision to implement mobile applications, and presents the conclusions and suggestions. The study analyses 2 different categories of mobile applications - social networking and everyday finance. A total of 245 respondents participated in the online questionnaire. The following empirical data processing methods were used: data triangulation, factor ANOVA, correlation, linear regression, moderation. A 2x2x2 factor design was used for the study (visual and non-visual presentation of the privacy policy statement; utilitarian and hedonic application; risky and non-risky application). The results showed that the assessment of the importance of privacy policy message formats differs from the visual presentation. Visual presentation has a positive effect on the approach to applications and the intention to implement them. Perceived risk and perceived trust also differ from the different risk presentation of a privacy statement. The results showed that the category of the mobile application, the gender and the age of the respondents were not important variables in the study. The conclusions presented in the work could be applied for marketing purposes, further research and business developing activities through mobile applications.

Confidentiality of personal health information is an important value which is protected by The Convention for the Protection of Human Rights and Fundamental Freedoms, Constitution of the Republic of Lithuania and other laws. However, the right to confidentiality is not recognized as absolute in the doctrine of law, legislation and legal cases. When there is the restriction of confidentiality of personal health information, it is necessary to emphasize the principle of necessity to protect a legitimate target which is necessary in a democratic society. It is important to notice that every restriction must be provided at the level of a piece of legislation. In the paper there is analyzed and evaluated the cases of the disclosure of personal health information to third parties, identified violations and made recommendations what legislative measures should be implemented to ensure the patient's right to private life. In the paper there has set the following objectives: to analyze the current situation in Lithuania what there is the regulation of the patient's right to privacy; to present the practice of different countries about patient's right to privacy; to carry out a theoretical analysis by comparing the various scientific researches on the personal health privacy; to determine what is the restrictions for the principle of medical confidentiality; to identify privacy problems while disclosing personal health information; to reveal when information is disclosed in accordance or compliance with the principle of proportionality. In the paper there are formulated two hypotheses. H1 – in the case of Lithuania, disclosing personal health information to insurance companies without the consent of the patient there is violated the patient's right to privacy. H2 – in the case of Lithuania, disclosing information about the student's health to training institutions (schools) there is violated the student's right to privacy. After all researches and analysis both hypotheses are irrefutable. To achieve the purpose of the paper and test hypotheses there is used the following research methods: systematic analysis – investigating the relationship between law and the ethical, moral and policy guidelines; comparative – juxtaposing scientific opinions and experiences of different countries; law (legislation) analysis – introducing with the legal environment, presenting limitation of the scope of medical confidentiality; legal case analysis – explaining the law, giving examples of violating the law; summative – structuring the material, giving insights of the author. There is lots of laws which somehow is connected with right to privacy and disclosure of personal health information. There is some main in this area. The European Convention on Human Rights tries to find balance between respecting the public interest and fundamental rights of the individual. The Convention on Human Rights and Biomedicine provides that everyone has the right to respect for private life in relation to information about his or her health. Lithuanian legislator was one of the first in the Europe who regulated the patient's rights by consolidating one legal act – the Law on the Rights of Patients and Compensation of the Damage where is established that all information about the patient being in health care institution, his health status, diagnosis, prognosis and treatment, as well as any other personal information about the patient, should be kept confidential. In Lithuanian law there are described cases when the principle of medical confidentiality may be limited and information about a person's health status may be disclosed without the patient's consent: if disclosure is needed to health care provider for medical purposes; if minor is under 16 years old, health information is disclosed to his parents (but there can be exceptions); if it is needed to contact a relative of an injured; to eliminate or reduce a significant risk of serious bodily harm to another person or the public; for legal representatives; if a court or other public authorities requires to disclose health information; if health care institution gives information about patient's health to its insurance company (author doesn't agree with last regulation). It is not always clear when disclosure is lawful and when unlawful. It also depends on the country and its value system. European Court of Human Rights in a case related to the \"necessity\" or \"restrictive\" terms often applies the margin of appreciation doctrine. It should be noted that in some countries, patient's privacy issues are regulated more strictly, and in some other countries, patient's privacy issues are regulated more softly. The patient's private life is violated not only when information about the health status is disclosed illegally in violation of laws and regulations, but also if the legislature ultra vires passes laws that are contrary to the Constitutions and international agreements. In the paper there is presented proposal to change the Law on the Rights of Patients and Compensation of the Damage and prevent the health care institutions to disclose personal health information to their insurance companies without the consent of the patient. The main argument to support this proposal is the lack of legitimate target (national security; public safety; economic well-being of the country; prevention of disorder or crime; protection of health or morals; protection of the rights and freedoms of others) for this kind of regulation. One more proposal is to change the form of the Child Health Certificate which is approved by the Minister of Health. The main argument to support this proposal is the violation of the principle of proportionality and the excess information of the content. It is not necessary to name the exact disease because teachers are not competent to evaluate this information. It would be enough to write conclusion what child can or cannot do, and recommendations for teacher what first aid measures should be made on the basis of the child's illness (not disclosing exact disease).

The social nature of human beings pushes them for social interaction and each human being has their own interests, which may not always coincide with the interests of other individuals. Therefore, a state's high priority task is to ensure that every human being and the whole society is protected by the state from unlawful acts. The state is obliged to take legal means to disclose the criminal acts committed by the individuals, and limitation of human rights and fundamental freedoms is inevitable. It means that law enforcement agencies can enter a person's private life protected by international and national law. In given situations, a form of competition arises between the two legal values protected by the law: the right of the people to be secure in their persons and the right of person to privacy and dilemma how to tackle in case of collision of two mentioned values during pre-trial investigation. Based on international standards formulated by European Court of Human Rights, a person's right to privacy can be limited in some cases if such restrictions procedures, in details, are prescribed by law. Mandatory requirements for law restricting a person's privacy are: accessibility (publicly accessible for everyone who wish to introduce); targeting legal objectives; possibility to protect a person's rights from illegal actions; foreseeability; necessity in the democratic society for the prevention of disorder or crime; state's interference into a person's privacy must fit pressing social need. The states (signatories of 1950 European Convention on Human Rights) enjoy a certain but not unlimited margin of appreciation in the matter of the imposition of restrictions on a person's right to privacy. [.]

The social nature of human beings pushes them for social interaction and each human being has their own interests, which may not always coincide with the interests of other individuals. Therefore, a state's high priority task is to ensure that every human being and the whole society is protected by the state from unlawful acts. The state is obliged to take legal means to disclose the criminal acts committed by the individuals, and limitation of human rights and fundamental freedoms is inevitable. It means that law enforcement agencies can enter a person's private life protected by international and national law. In given situations, a form of competition arises between the two legal values protected by the law: the right of the people to be secure in their persons and the right of person to privacy and dilemma how to tackle in case of collision of two mentioned values during pre-trial investigation. Based on international standards formulated by European Court of Human Rights, a person's right to privacy can be limited in some cases if such restrictions procedures, in details, are prescribed by law. Mandatory requirements for law restricting a person's privacy are: accessibility (publicly accessible for everyone who wish to introduce); targeting legal objectives; possibility to protect a person's rights from illegal actions; foreseeability; necessity in the democratic society for the prevention of disorder or crime; state's interference into a person's privacy must fit pressing social need. The states (signatories of 1950 European Convention on Human Rights) enjoy a certain but not unlimited margin of appreciation in the matter of the imposition of restrictions on a person's right to privacy. [.]

The social nature of human beings pushes them for social interaction and each human being has their own interests, which may not always coincide with the interests of other individuals. Therefore, a state's high priority task is to ensure that every human being and the whole society is protected by the state from unlawful acts. The state is obliged to take legal means to disclose the criminal acts committed by the individuals, and limitation of human rights and fundamental freedoms is inevitable. It means that law enforcement agencies can enter a person's private life protected by international and national law. In given situations, a form of competition arises between the two legal values protected by the law: the right of the people to be secure in their persons and the right of person to privacy and dilemma how to tackle in case of collision of two mentioned values during pre-trial investigation. Based on international standards formulated by European Court of Human Rights, a person's right to privacy can be limited in some cases if such restrictions procedures, in details, are prescribed by law. Mandatory requirements for law restricting a person's privacy are: accessibility (publicly accessible for everyone who wish to introduce); targeting legal objectives; possibility to protect a person's rights from illegal actions; foreseeability; necessity in the democratic society for the prevention of disorder or crime; state's interference into a person's privacy must fit pressing social need. The states (signatories of 1950 European Convention on Human Rights) enjoy a certain but not unlimited margin of appreciation in the matter of the imposition of restrictions on a person's right to privacy. [.]

The doctoral thesis, on the basis of the elements for the assessment of the necessity of restricting the freedom of expression of website operators in a democratic society, formulated in the cases Delfi AS v. Estonia, MTE & Index v. Hungary, Pihl v. Sweden and Tamiz v. the United Kingdom, investigated by the European Court of Human Rights, established and assessed the criteria justifying the application of website operators' non-contractual civil liability in case of violation of the right to privacy of third parties by anonymous comments. The first part of the work, which is based on the concept of structuralism, reveals the content of freedom of expression of website operators arising out of Article 10 of the ECHR and of the category of private life, which is an assumption for restricting the freedom of expression of website operators, as well as distinguishes the specific criteria justifying the application of website operators' civil liability in case of violation of the right to privacy of third parties by anonymous comments. The second part of the doctoral thesis, which is based on the principle of functionalism, using the complex analysis of the judgements made in the above-mentioned cases of the European Court of the Human Rights, evaluated the content of each criterion, compared the peculiarities of their content and application in different cases, discussed the problems and significance of these criteria, and determined their interrelation. This is the first scientific research of this kind not only in the context of Lithuanian, but also of the European tort law. The research has shown that the key criteria justifying the application of website operators' civil liability in case of violation of the right to privacy of third parties by anonymous comments are the following: (i) the context in which the comments are posted and the content of the comments themselves and (ii) prior measures taken by the website operator to ensure the legality of the comments and actual behaviour after the comments were posted. Meanwhile, other criteria distinguished by the case-law of the European Court of Human Rights (i.e. (i) the actions of the victim before and after the occurrence of comments, (ii) the consequences of the comments on the victim, (iii) the possibility of civil liability of the authors of comments as a certain alternative to the liability of the website operators, and (iv) the consequences of civil liability for the particular website operator) are to be considered as additional and having no essential impact on the fact of the application of website operators' civil liability, yet significant when making a decision on the extent of the application of website operators' civil liability.

The doctoral thesis, on the basis of the elements for the assessment of the necessity of restricting the freedom of expression of website operators in a democratic society, formulated in the cases Delfi AS v. Estonia, MTE & Index v. Hungary, Pihl v. Sweden and Tamiz v. the United Kingdom, investigated by the European Court of Human Rights, established and assessed the criteria justifying the application of website operators' non-contractual civil liability in case of violation of the right to privacy of third parties by anonymous comments. The first part of the work, which is based on the concept of structuralism, reveals the content of freedom of expression of website operators arising out of Article 10 of the ECHR and of the category of private life, which is an assumption for restricting the freedom of expression of website operators, as well as distinguishes the specific criteria justifying the application of website operators' civil liability in case of violation of the right to privacy of third parties by anonymous comments. The second part of the doctoral thesis, which is based on the principle of functionalism, using the complex analysis of the judgements made in the above-mentioned cases of the European Court of the Human Rights, evaluated the content of each criterion, compared the peculiarities of their content and application in different cases, discussed the problems and significance of these criteria, and determined their interrelation. This is the first scientific research of this kind not only in the context of Lithuanian, but also of the European tort law. The research has shown that the key criteria justifying the application of website operators' civil liability in case of violation of the right to privacy of third parties by anonymous comments are the following: (i) the context in which the comments are posted and the content of the comments themselves and (ii) prior measures taken by the website operator to ensure the legality of the comments and actual behaviour after the comments were posted. Meanwhile, other criteria distinguished by the case-law of the European Court of Human Rights (i.e. (i) the actions of the victim before and after the occurrence of comments, (ii) the consequences of the comments on the victim, (iii) the possibility of civil liability of the authors of comments as a certain alternative to the liability of the website operators, and (iv) the consequences of civil liability for the particular website operator) are to be considered as additional and having no essential impact on the fact of the application of website operators' civil liability, yet significant when making a decision on the extent of the application of website operators' civil liability.

The aim: to conduct a constitutional and legal analysis of the legal regulation of medical secrecy protection for HIV-infected Russian citizens.Materials and methods. The analysis was carried out on the basis of Russian and foreign legislation and scientific literature published on this topic over the past 7 years, including in Pubmed. The study used dialectical and logical methods, which created the basis for a comprehensive and complete study of the limits of admissibility of protecting medical secrets of HIV-infected; the use of the systemicstructural method allowed to study it in conjunction with constitutional guarantees of human rights.Results. Some problems in the legal regulation of medical secrecy protection of HIV-infected Russian citizens have been identified. It is noted that in Russia there are specific circumstances and reasons requiring disclosure of the positive status of HIV-infected citizens. They hide their diagnosis when entering into intimate relationships with healthy people and even in marriage. The current criminal liability for contracting another person's HIV infection does not ensure the suppression of infringements on the health of others. Based on the analysis of judicial practice, the excessive protection of medical secrets of HIV-infected is noted. Conclusion. It is concluded that in order to effectively protect the health of Russian citizens, it is necessary to limit in some aspects the protection of personal secrets of HIV-infected persons to ensure the safety of all people in contact with them. ; Цель: провести конституционно-правовой анализ правового регулирования охраны врачебной тайны ВИЧ-инфицированных российских граждан. Материалы и методы. Анализ проведен на основании российского и зарубежного законодательства и научной литературы, опубликованной по данной теме за последние 7 лет, в том числе в Pubmed. В исследовании использовались диалектический и логический методы, что создало основу для проведения всестороннего и полного исследования пределов допустимости охраны врачебной тайны ВИЧ-инфицированных; применение системно-структурного метода позволило исследовать ее во взаимосвязи с конституционными гарантиями прав человека.Результаты. Выявлены некоторые проблемы в правовом регулировании охраны врачебной тайны ВИЧ-инфицированных российских граждан. Отмечается, что в России существуют конкретные обстоятельства и причины, требующие раскрытия положительного статуса ВИЧ-инфицированных граждан. В частности, в случае, когда они скрывают свой диагноз при вступлении в интимные отношения со здоровыми людьми и даже в браке. Действующая уголовная ответственность за заражение ВИЧинфекцией другого лица не обеспечивает пресечения посягательств на здоровье других. По итогам анализа судебной практики отмечается чрезмерная охрана врачебной тайны ВИЧ-инфицированных.Заключение. Сделан вывод о том, что для эффективной защиты здоровья российских граждан необходимо ограничить в некоторых аспектах охрану личной тайны ВИЧ-инфицированных лиц для обеспечения безопасности контактирующих с ними людей.

In the context of constant development of the digital environment, the conflict between the right to privacy and freedom of speech becomes more and more obvious. This confrontation challenges the lawyer in terms of determining the more significant right on case by case basis and gives rise to many ambiguities in law-making and law enforcement practice. The problem raised in the article is the lack of clear legal regulation in the sphere of categorization of personal data subjects and in the voluntary assumed vulnerability of public figures. Within the article, the author points out the importance of the phenomenon of "group privacy" and the lack of elaboration of approaches in regulating the protection of personal data of groups of persons whose private life has become the most vulnerable due to societal, objective facts. Such groups include, among other things, a group of public figures. In order to clarify the scope of the processing of personal data of such subjects, the author proposes to introduce the category "agroup of personal subjects subject to special protection" into the legislation on the protection of personal data. This group shall include public figures, as well as the disabled, elderly pensioners. The author sets the aims 1)to investigate the phenomenon of "group privacy", 2)to define the category of "public figures", 3)to make an attempt to reconcile the right to protection of personal data and freedom of speech. Methods used by the author include formal legal method, comparative legal method and philosophical approach. The result of the article is the author's proposal to oblige operators to develop and publish special policies for the processing of personal data of groups of personal subjects subject to special protection. The author concludes that this approach will contribute to greater transparency in the processing of personal data, to the increase of greater awareness of personal data operators about the difficulties associated with the processing of data of such groups of subjects and the risks of working with them, and also, to the increase of general public awareness of the importance of protecting privacy. ; Вэпоху развития цифровой среды конфликт между правом на частную жизнь исвободой слова становится более ярким. Данное противостояние бросает вызов юристу вчасти определения более значимого вкаждом кейсе права ипорождает немало неясностей в законотворческой деятельности иправоприменительной практике. Проблема, освещаемая встатье, заключается вотсутствии четкого правового регулирования всфере выделения категорий субъектов персональных данных ивдобровольно принятой на себя уязвимости публичных фигур. Автор указывает на значимость явления «групповая приватность» и на непроработанность подходов врегулировании защиты персональных данных групп лиц, чья частная жизнь стала наиболее уязвимой в силу социетальных, объективных фактов. Ктаким группам в том числе относится группа публичных фигур. Чтобы внести ясность всферу обработки персональных данных таких субъектов, автор предлагает ввести взаконодательство озащите персональных данных категорию «группа субъектов персональных данных, подлежащих особой защите». Вэту группу предлагается включить публичные фигуры, атакже инвалидов, пенсионеров— лиц преклонного возраста. Автор ставит следующие задачи: 1)исследовать явление «групповой приватности», 2)определить категорию «публичные фигуры», 3)предпринять попытку примирить право на защиту персональных данных исвободу слова. Автор использует формально-юридический метод, сравнительно-правовой метод ифилософский подход. Автор предлагает обязать операторов разрабатывать ипубликовать особые политики обработки персональных данных групп субъектов, подлежащих особой защите. Такой подход будет способствовать большей прозрачности обработки персональных данных, осведомленности операторов персональных данных о сложностях, связанных собработкой данных таких групп субъектов, ирисках работы с ними, атакже повышению осведомленности общества означимости защиты частной жизни.