Legal Qualification of Unlawful Searches, Data Collection, and Use of Personal Information
Article 32 of the Constitution of Ukraine establishes the right to privacy in personal and family life and guarantees protection of personal data. During the armed aggression by the Russian Federation, occupation forces systematically violate this provision by conducting unlawful searches, inspecting private property, and collecting and using personal data of Ukrainian citizens for unlawful purposes.
Key Provisions of the Constitution of Ukraine
- “No one shall be subjected to interference in their personal or family life, except in cases provided by the Constitution of Ukraine.”
- “Collection, storage, use, and dissemination of confidential information about a person without their consent is prohibited, except as defined by law and only in the interests of national security, economic welfare, and human rights.”
- “Everyone is guaranteed judicial protection of the right to refute false information about themselves and their family members, as well as the right to demand the removal of any such information and to receive compensation for material and moral damage caused by the collection, storage, use, and dissemination of false information.”
Violation of the Right to Privacy: Violations of Article 32 by occupation forces include two main aspects: unlawful intrusion (searches, inspection of personal belongings and residences) and illegal data collection (phone inspections, account hacking, access to registries). Both aspects are unconstitutional and unlawful.
Evidence of Violations (Actions by Russian Occupation Forces)
- Unlawful searches and intrusion: Conducting searches in civilians’ homes without authorization, aimed at finding weapons, pro-Ukrainian symbols, or identifying activists. Examples: systematic searches in Kherson and Zaporizhzhia regions, particularly apartments of activists and former government officials.
- Comprehensive control of communications: Forced inspection of personal phones, computers, and other communication devices at checkpoints and during "filtration measures," collecting correspondence, photos, and contacts.
- Use of personal data: Unauthorized access to Ukrainian state registries and databases to identify pro-Ukrainian activists, military personnel, or their relatives for the purpose of intimidation and repression.
- Violation of correspondence privacy: Unauthorized reading of personal messages and emails, and collection of information for subsequent persecution of civilians.
Legal Consequences
- Criminal prosecution of perpetrators under Article 162 of the Criminal Code of Ukraine (Violation of the inviolability of the home) and Article 182 of the Criminal Code of Ukraine (Violation of privacy), as well as Article 438 of the Criminal Code of Ukraine (Violation of the laws and customs of war).
- Evidence of crimes against humanity, as forced data collection and searches form part of a system of repression and intimidation of civilians.
- Use of documented materials to hold commanders of occupation forces and Russian structures accountable in international courts.
Sources
- Constitution of Ukraine: Article 32 (Text)
- Criminal Code of Ukraine: Article 182 (Violation of Privacy) →
- Related Article: Article 438 of the Criminal Code of Ukraine (Violation of the Laws of War) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive