Details and consequences of a court decision affecting millions of families.
The Constitutional Court of the Russian Federation has recognized the legal use of wiretapping programs by parents on their children's smartphones, if this is necessary to ensure their safety and protect their rights. This decision was made by the court on the complaint of a resident of Vladivostok, who was convicted of illegally recording conversations through the parental control application installed on the smartphone of his seven-year-old son.
The trial of Pavel Wilke began back in 2020, when he presented audio recordings made through the app in court as evidence of the former spouse's rough treatment of the child. The court found that Wilke violated the inviolability of private life and collected information about personal and family secrets without the consent of citizens. The case was repeatedly reviewed by various authorities, but Wilke was unable to obtain an acquittal.
In a complaint to the Constitutional Court, Wilke pointed out that the program he used was specifically designed to ensure the safety of the child, and its use is not restricted by law. He also demanded to return to the Criminal Code the wording that was in force until December 2003, and which provided for prosecution only for collecting information "out of self-interest or other personal interest and causing harm to the rights and legitimate interests of citizens."
The Constitutional Court recognized that the possible wiretapping of "an indefinite circle of people" through the app creates threats to the rights of other citizens. However, the court did not consider the "balance of the right to privacy and parental rights "violated -" taking into account the special constitutional value of childhood". The court decided to review the case of Pavel Wilke, taking into account his decision.
The decision of the Constitutional Court caused different reactions in the society. Some experts and human rights activists believe that this violates children's privacy rights and may lead to abuse by their parents. Others believe it gives parents the ability to control and protect their children from external threats such as violence, drugs, or extremism.
The Constitutional Court of the Russian Federation has recognized the legal use of wiretapping programs by parents on their children's smartphones, if this is necessary to ensure their safety and protect their rights. This decision was made by the court on the complaint of a resident of Vladivostok, who was convicted of illegally recording conversations through the parental control application installed on the smartphone of his seven-year-old son.
The trial of Pavel Wilke began back in 2020, when he presented audio recordings made through the app in court as evidence of the former spouse's rough treatment of the child. The court found that Wilke violated the inviolability of private life and collected information about personal and family secrets without the consent of citizens. The case was repeatedly reviewed by various authorities, but Wilke was unable to obtain an acquittal.
In a complaint to the Constitutional Court, Wilke pointed out that the program he used was specifically designed to ensure the safety of the child, and its use is not restricted by law. He also demanded to return to the Criminal Code the wording that was in force until December 2003, and which provided for prosecution only for collecting information "out of self-interest or other personal interest and causing harm to the rights and legitimate interests of citizens."
The Constitutional Court recognized that the possible wiretapping of "an indefinite circle of people" through the app creates threats to the rights of other citizens. However, the court did not consider the "balance of the right to privacy and parental rights "violated -" taking into account the special constitutional value of childhood". The court decided to review the case of Pavel Wilke, taking into account his decision.
The decision of the Constitutional Court caused different reactions in the society. Some experts and human rights activists believe that this violates children's privacy rights and may lead to abuse by their parents. Others believe it gives parents the ability to control and protect their children from external threats such as violence, drugs, or extremism.
