Illegal use of photographs on the Internet. Using a photograph without consent

In this article, I will talk about the basic laws of videography and photography. Where and what can you shoot, and what can’t or is not recommended? What obstacles might arise? What responsibility does the law establish for obstructing photo and video filming?

Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings and/or works visual arts, in which he is depicted) are allowed only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents.

Such consent is not required in cases where:

2) the image of a citizen was obtained during filming, which is carried out in places open to the public and/or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events), except for cases where such an image is main object of use;

3) the citizen posed for a fee.

Article 152. Protection of honor, dignity and business reputation

[Civil Code of the Russian Federation] [Chapter 8] [Article 152]

1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. At the request of interested parties, protection of the honor and dignity of a citizen is allowed even after his death.

2. If information discrediting the honor, dignity or business reputation of a citizen is distributed in the media mass media, they must be refuted in the same media.

If the specified information is contained in a document emanating from the organization, such a document is subject to replacement or revocation.

The procedure for refutation in other cases is established by the court.

3. A citizen in respect of whom the media has published information that infringes on his rights or legally protected interests has the right to publish his response in the same media.

4. If the court decision is not implemented, the court has the right to impose a fine on the violator, recovered in the amount and in the manner provided for by procedural legislation, to the income Russian Federation. Payment of a fine does not relieve the offender from the obligation to perform the action prescribed by the court decision.

5. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, has the right, along with a refutation of such information, to demand compensation for losses and moral damage caused by its dissemination.

6. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information is.

Article 137. Violation of inviolability privacy

[Criminal Code of the Russian Federation] [Chapter 19] [Article 137]

1. Illegal collection or dissemination of information about the private life of a person constituting his personal or family secret, without his consent, or dissemination of this information in public speaking, publicly displayed work or in the media - is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount wages or other income of the convicted person for a period of up to eighteen months, or compulsory work for a term of one hundred twenty to one hundred eighty hours, or correctional labor for a term of up to one year, or arrest for a term of up to four months, or imprisonment for a term of up to two years with imprisonment the right to hold certain positions or engage in certain activities for a period of up to three years.

2. The same acts committed by a person using his official position are punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by deprivation of the right to hold certain positions. or engage in certain activities for a term of two to five years, or arrest for a term of four to six months, or imprisonment for a term of one to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.

What responsibility does the law establish for obstructing photo and video filming?

The main article that applies to illegal shooting restrictions is “Arbitrariness.” If it did not cause significant harm, then it is - administrative offense, responsibility for which is provided for in Art. 19.1 Code of Administrative Offences. If significant harm is nevertheless caused, then it is already a crime (Article 330 of the Criminal Code).

If a private security guard unlawfully interferes with filming, he may be prosecuted under Article 203 of the Criminal Code (“Excess of authority by a private detective or an employee of a private security organization holding a private security guard’s certificate in the performance of their duties job responsibilities"). If a police officer does the same, then he is liable for abuse of office under Article 286 of the Criminal Code.

The same rules can be applied when deleting photographs from a camera’s memory card: the law (Civil Code) provides for the destruction of copies of a work only if these copies are counterfeit, that is, copyright was violated during their creation.

And the seizure of the camera itself or the flash card is already “robbery” provided for in Art. 161 of the Criminal Code, that is, “open theft of someone else’s property.” The cost of the seizure does not matter; the crime will be committed in any case.

If the security guards or staff of an establishment call the police in order to prevent allegedly “illegal filming,” it makes sense to ask the arriving police officers to bring the callers themselves to administrative responsibility. In this case, there is something called a “deliberately false call to specialized services.” Such “services” include police, firefighters, ambulance, and others.

In case of unlawful obstruction of someone from the election commission (for example, an observer) from filming at a polling station, such actions can be qualified as “obstruction of the work of election commissions” under Article 141 of the Criminal Code. Also, administrative liability is provided for such actions under Article 5.6 of the Code of Administrative Offences.

Obstruction of lawful professional activity journalists are punished under Article 144 of the Criminal Code.

Owner commercial organization, which establishes a ban on photography for visitors, may be held liable under Article 14.8 of the Code of Administrative Offenses (“Violation of other consumer rights”). Let me explain, the consumer has the right to obtain information about goods and services in any legal way. Including using photos and videos. Therefore, signs on doors prohibiting photography and video filming in stores and other similar establishments fall under Article 14.8 of the Code of Administrative Offences. You have every right to photograph and/or videotape products, price tags, and display cases. The ban only applies to filming personnel without their consent.

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258 Comments

Thanks for the useful article ^_^

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where did article 152 come from?

where did article 152 come from?

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Russian Civil Code

Civil Code of the Russian Federation.

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according to 14.8 Code of Administrative Offences, prohibition

according to 14.8 of the Code of Administrative Offenses, the ban is only on filming personnel without their consent, what does this mean and what article regulates this. Thank you

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Here are the main articles and

I present the main articles and acts.

Excerpts from the Constitution of the Russian Federation

Article No. 29 clause 4. Article No. 44 clause 1. Article No. 55 clause 3. Remember, a ban on photography can only be imposed by federal legislation, and not by directors, managers, security guards, watchmen and owners at will. Although the owners love to do this. References to the fact that the store is “private territory” are invalid. Because the store is a place open to the public. Go ahead. “Fundamentals of the legislation of the Russian Federation on culture.” Article 9. The priority of human rights in relation to the rights of the state, organizations and groups.

Human rights in the area cultural activities priority over the rights in this area of ​​the state and any of its structures, public and national movements, political parties, ethnic communities, ethno-religious groups and religious organizations, professional and other associations.Photography is a cultural activity. In the field of cultural activities, amateur and professional absolutely equal rights.

These are all general provisions. Now for a specific case. The main materials can be found in the article "prohibitions on photo and video filming", chapter

Any person can ask you not to take it off, mind you - just ask. Law prohibiting photography of people in public and accessible places does not exist. It doesn’t matter whether they are at work, performing official duties, or just walking down the street. Therefore, the question to photograph or not is rather an ethical one. The only limitation is imposed on photographs where a person is the main object of the image, i.e. occupies at least 60% of the frame. And at the same time, restrictions are imposed not on photography (“for yourself” you can photograph anyone and as much as you want) but on the further circulation of the image. That is, posting on the Internet, social networks, media, and so on, without the prior consent of the person depicted. When using the image for advertising purposes, or for the purpose of selling the image. This restriction is lifted if the publication of the photo is political, state or public interest. Or it is of an evidentiary nature.

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I just want to clarify for myself

I just want to clarify for myself) Is it possible to film, for example, a credit specialist when communicating with him (in order to further prove something, for example, he said that interest rate the loan will be 5%, but in the end, when the contract was signed, it became 18%)??? If he sees that a video is being filmed, he asks him to stop filming, am I obliged to stop filming?

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You have every right

You have every right, since in this situation you are a consumer of the service and the law on the protection of consumer rights is on your side, as well as the law on the right to collect information.

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and in the SC they refuse to film me

and in the SC they refuse to film the diagnostic process, pointing out the fact that the engineer conducting the diagnostics does not consent to video recording of himself and the work with his participation. In principle, video filming is allowed. But why should I film the service center when filming the process itself is important to me, because I won’t film his face, only his hands and what he says.

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You can only be asked not to

You can only ask do not remove. They cannot ban it - a direct violation of the legislation of the Russian Federation. Any restrictions are regulated only by the laws of the Russian Federation. More details in the article: Zap re you're on video and photography. Events that happen to a person in a public place, or when he is performing some public functions (for example, the activities of a civil servant) or performed by employees (the same engineer) official duties(being at the workplace) in general case cannot constitute a “secret of private life”.Filming in public places can violate privacy only in cases where a person is photographed in a store fitting room, public toilet, bathhouse, etc. In this regard, the question arises - why do they so actively evade recording the process of providing services to the Consumer?

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Please tell me, what if I

Please tell me, if I come to a club and film a mass celebration (actors’ performance), do I need permission for this?

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No, there's no need for that

No, this is not necessary. Since the club provides a publicly accessible (public) service, it doesn’t matter whether it’s a performance by actors, just dancing, or a local skit - in any case, this is a public event and permission for photos is not required - video filming is not required. In this case, the law is on your side. Those who require permission for this are engaged in “arbitrariness”, Article 19.1 of the Administrative Code. If security guards or Chop employees interfere, call the police to prevent illegal filming, Article 19.3 of the Administrative Code. If this is the owner of a commercial organization (owner), then Article 14.8 of the Code of Administrative Offenses applies. And remember any employees of security companies, private security companies and other organizations not entitled use physical force or otherwise physically interfere with your photo and video shooting, since this is already a criminal offense. The exception is “closed events”, access to which is provided by special permits or invitation cards. But you won’t get there that easily.

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Is video filming allowed?

Is video filming allowed in the workplace without giving consent?

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Allowed because this

Allowed because the place is open to the public. Prohibited only in special regime facilities.

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Hello, is it possible?

Hello, can a police officer film the actions of an ambulance crew while examining a patient and providing him with medical care? help without the consent of doctors and the patient himself? (action takes place on the street)

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Has every right and not

Not only the policeman, but anyone has every right, since the action takes place in a public place. In this case, there is no need to ask permission for photo and video shooting. A restriction is imposed on the further circulation of this video or photograph (publication in the media, Internet networks, demonstration on TV channels, etc.). This restriction is lifted if the publication (disclosure) is of state, public or other public interest. Article 152.1. Protection of a citizen's image

[Civil Code of the Russian Federation] [Chapter 8] [Article 152] [Clause 1]

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Good afternoon. Do I have the right

Good afternoon. Do I have the right to conduct video filming in the canteen of an enterprise with access control and can internal regulations limit this right?

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You have every right

You have every right, internal regulatory documents refer to documents regulating work in production and workshops and have nothing to do with public catering (a factory canteen refers to public catering enterprises).

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And if the ban is justified

And if the ban is justified by the possibility of access to information that has a commercial secret (if you are allowed into the building, you have access to such information), and supposedly, by filming inside the building, I “can” film something that is not allowed)?

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Access to information available

Access to information containing a trade secret is strictly limited to a circle of persons. Even those working in this establishment (not to mention ordinary visitors) not everyone has access to these documents. Documents containing commercial secrets are stored in designated places where a limited number of persons have access and cannot be in areas for visitors. They are not a trade secret - documents are posted for public viewing and information. The appearance of the establishment, the interior, price tags and price lists, counters, racks, appearance dishes, menus, cash registers, etc. are not a trade secret. Separately, regarding documents - any documents to which visitors and ordinary employees (without access) have access are not a trade secret. In order to declare something a secret, commercial, state, military, strategic, etc., the first step is to restrict access to this item, object, etc. And they establish a strictly limited circle of persons who have the right to familiarize themselves. As I understand it, this is not the case in your case. The main article that applies to illegal shooting restrictions is “Arbitrariness.” If it did not cause significant harm, then this is an administrative offense, liability for which is provided for in Art. 19.1 Code of Administrative Offences.

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Hello! If I

Hello! If I am a VGIK student completing an assignment that includes taking photos and videos of other children, can their parents prevent me from doing so or force me to remove the materials?

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Doesn't matter student

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What if photographing a child?

What if the photograph of a child was taken in a kindergarten, and without any approval from the parents??? child 4 years old

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Photographing a child before

Photographing of a child before he reaches 14 years of age can be carried out only with the consent of his parents Neither the teacher nor the head of the kindergarten is authorized to give such consent. The photographer had to notify the parents in advance that photography would be taken and obtain their consent directly or through the teacher. Usually in such cases pre-registration is practiced. Otherwise falls under Article 16 of the Law “On the Protection of Consumer Rights” under the term “imposed service” and Article 19.1 of the Code of Administrative Offenses of the Russian Federation “arbitrariness”.

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Hello, I say

Hello, you say I work as a fireman and at work I have conflicts that the manager does not keep his word, gives an order and a minute later says that he didn’t say that... and my solution is to work with a video camera to record everything that happens. The question is whether I can capture the entire environment at work. Is this government institution not a sensitive facility?

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Your wish is perfect

Your desire is completely valid. The law especially emphasizes that special services include firefighters, ambulance, police, rescuers from the Ministry of Emergency Situations, etc. can be recorded (filmed) without their consent. So you can. Only federal law can prohibit photo and video filming. And he stipulates objects where photo and video shooting is prohibited, but the fire department does not apply to such objects.

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Please tell me if

Please tell me, if the guardianship authorities say that you can take a photo or video to prove that a person is preventing you from meeting and communicating with a child, are they right? Or should there be some kind of resolution for photos and videos?

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They are right, in evidence

They are right, permission is not required for evidentiary purposes. But only if this shooting is purely evidentiary in nature. Upload to open access This shooting is not allowed.

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Good afternoon, is he entitled?

Good afternoon, do you have the right to take pictures of us at the entrance? I was standing with a neighbor on the staircase (on the 3rd floor), talking about doctors, the hospital were looking at test results, an abnormal neighbor (from the 7th floor) who is not registered in this house and in this apartment ran out of the elevator, and began to take pictures of us, she says right to this? What is the law? Despite the fact that she was yelling that we had smoked the entire entrance, and how bad we were. We didn’t smoke and we didn’t even have cigarettes. What to do in such situations?

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Hello, no it does not.

Hello, no it does not. Firstly, she had to clearly indicate her intention to take photographs and secure your consent to this action (since, as I understand it, it was a personal photograph, and not a report on the street).

Article 152.1. Protection of a citizen's image.Such consent is not required in cases where:

1) the use of the image is carried out in state, public or other public interests;

2) the image of a citizen was obtained during filming, which is carried out in places open to the public and/or at public events (meetings, conventions, conferences, concerts, performances, sports competitions and similar events), unless such image is the main object of use;

Article 151. Compensation for moral damage

[Civil Code of the Russian Federation] [Chapter 8] [Article 151]

If a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm.

When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention. The court must also take into account the degree of physical and mental suffering associated with the individual characteristics of the person who suffered harm.

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Could you

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No problem. Send yours

No problem. Send your email address to my mailbox, the address is in the “about us” section, I will send it to you.

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Good day,

Good day, please tell me whether the store has the right to conduct hidden video recording in the goods unloading area, and then show the recording to my superiors?

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Hello, no it does not.

Hello, no it does not. Unauthorized covert video recording is prohibited by law. And depending on the consequences, it falls under the provisions of either the administrative or criminal code.

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Good afternoon I really want to

Good afternoon I would really like an answer to the following question:

A video and photo was taken at the police station of a suspect in a crime. The filming was carried out by a reporter; the suspect did not consent to the filming. The suspect was misled and thought he was giving evidence to the police. Later, these materials were posted on websites on the Internet, VKontakte and YouTube. After contacting the distributors of the photo, a response was received with the wording that the materials were received from the press service of the Ministry of Internal Affairs and everything is legal, there is some kind of law that allows such videos and photos to be published... What to do in this situation? Is there any way to get the materials removed and hold the distributors accountable? I really need your answer, your advice!

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To begin with, here is an extract.

To begin with, here is an extract.

Code of Criminal Procedure allows the investigator to photograph material evidence (Article 82), as well as attach photo and video documents to the criminal case, which can be examined when familiarizing with this case, as well as in court. When carrying out investigative actions, in accordance with Art. 166 of the Code of Criminal Procedure, audio recording, photo and video recording can be used, this is noted in the protocol. When examining (Article 179), that is, examining someone’s body, Filming may only be carried out with the consent of the person being examined. Must be photographed unidentified corpses(Article 178 of the Code of Criminal Procedure).

At the same time, information obtained during covert operational-search activities, in accordance with Art. 12 of the law on operational intelligence, constitutes a state secret, it is processed and declassified in accordance with the law “On State Secrets”. Materials of the criminal case, in accordance with Art. 161 of the Code of Criminal Procedure, constitute a “secret of the investigation” and can be made public only with the permission of the investigator or inquiry officer, to the extent specified by them. Information obtained during public operational-search activities in criminal cases is also protected.

The “secret of the investigation” is protected only until its completion, after which the investigator has no right to prohibit the disclosure of information. (An exception is situations when the investigation materials constitute a state or other secret protected by law). Go ahead.

Article 152.1 of the Civil Code, which provides for the protection of the image of a citizen, does not prohibit the receipt of such images, it can be violated only after their unauthorized publication and further use, that is, after it has become available to an unlimited number of people without the consent of the person depicted in the photograph.

As I understand it, the suspect (note, not the accused!) did not give consent to the publication of the data and his image. The materials were obtained by misleading a person. In other words, by deception.

Code of Professional Ethics for Russian Journalists

When performing his professional duties, a journalist does not resort to illegal and indecent methods of obtaining information. The journalist recognizes and respects the right of individuals and legal entities not to provide information or answer questions asked of them- except in cases where the obligation to provide information is stipulated by law.

The journalist adheres to the principle that any person is innocent until proven otherwise in court. In his communications, he refrains from naming relatives and friends of those people who have been accused or convicted of crimes committed by them, except in cases where this is necessary for an objective presentation of the issue. He also refrains from naming the victim of a crime or publishing materials leading to the identification of that victim. These norms are enforced with particular strictness when a journalistic report may affect the interests of minors.

A journalist disseminates and comments only on information of which he is convinced of the reliability and the source of which is well known to him. He makes every effort to avoid causing harm to anyone by its incompleteness or inaccuracy, deliberate concealment of socially significant information or the dissemination of knowingly false information.

A journalist must always act based on principles professional ethics, fixed in this Code, the acceptance, approval and compliance with which is an indispensable condition for its membership in the Union of Journalists of Russia.

As you can see, there is a whole list of violations committed. Contact site administrators with a request to remove illegally posted materials. In addition, with a statement to the prosecutor's office regarding the illegal publication of materials obtained by fraud. And to the management of the reporter who illegally posted the materials in the public domain. Not only did he violate the code of professional ethics of a journalist. He also illegally published materials before the end of the investigation and thereby tried to create public opinion still not really knowing guilty this person or not. I repeat once again, he is only a suspect!

A high-quality photo/video camera is now built into almost every phone. Video filming has become a part of the life of Russians, including public life. And what more people and objects fall into the frame, the higher the risk that the photographer will be contacted with a claim. So that you are prepared for any situation, we will consider in detail in this publication when shooting without consent is allowed, in what cases it is possible to publish photographs on the Internet, and which images lead to a ban on sale of the photo.

What can be considered illegal filming?

The question of “legitimacy of the acts committed” inevitably comes to everyone who decides to take up photography. And most often, proposals to turn off the camera come from people who do not know for sure their eligibility own actions. However, the law clearly defines situations in which photographing a person without their consent is prohibited. Accordingly, if the situation does not fall under the prohibition, absolutely everything can be filmed.

The above statement is supported by Article 29 of the Constitution of the Russian Federation. According to the Basic Law, any citizen has the right to receive and disseminate information in any form by any means. Video and photography are part of information gathering. And your right to collect information in this way is protected by law.

The Information Law also establishes the right of a citizen to freely film where it is not prohibited. Article 7 of the Law defines the concept of “information”, i.e. shooting objects. According to it, information to which there is no restriction on access is classified as publicly available. Accordingly, each person can use this data at his own discretion.

A reasonable question arises: what to do if you are told that filming cannot be carried out? The answer is also contained in the Information Law. Article 9 of the Law determines that restrictions on filming are established on federal level. Those. personal initiative of a private or legal entity is not prohibited.

Liability for attempting to interfere with lawful filming

Filming in public places is allowed always and everywhere, regardless of the time of day or season. Restrictions are allowed only at the level of Federal law. Accordingly, any prohibitions established at the local level fall under the article “arbitrariness”.

If attempts to interfere with filming in a public place occur with the use of physical force, this falls under Article 330 of the Criminal Code. Law enforcement officers attempting to illegally interrupt filming are liable in accordance with Article 203 and Article 286 of the Criminal Code for exceeding official powers.

Often the person with the camera is put under pressure to delete the footage. This falls under Article 1252 of the Civil Code and is considered a gross violation of copyright.

An attempt to take away a memory card or camera is considered as Article 161 of the Criminal Code - “robbery”, i.e. an attempt to openly take possession of someone else's property.

The most “harmless” attempt to interfere with filming from a legal standpoint is to cover the frame with your body. But for this, a person may also bear administrative liability under Art. “petty hooliganism.”

Hidden camera filming without consent: filming without warning and punishment for hidden video/photo shooting

Covert recording devices are prohibited in Russia. There were precedents when individuals were held administratively liable not only for secretly filming a private person without his consent, but also simply for purchasing Chinese video cameras disguised as lighters and fountain pens. But it is important to distinguish between “covert filming devices” and “filming without warning.”

Important: If you knowingly covered up the LEDs on the camera, but in the video you assure that you are not filming, these are signs of creating a covert recording device. Moreover, if you have a camera hanging around your neck and you simply did not warn the respondent that he was filming in this moment- it is not prohibited.

But punishment for filming without consent may not occur, even if the respondent was sure that the camera was turned off. To do this, before publishing, you need to change the voice and apply a blur effect to the video. Then the participant simply will not be able to prove in court that it is he in the video. This is exactly what journalists do when preparing television investigations.

What happens to video and photography of people without their permission?

Filming in public places is permitted. But it is inevitably associated with the inclusion of additional participants in the action in the form of random passers-by. The Civil Code (Article 152.1) protects the right of people not to be depicted in images. However, the Civil Code does not introduce any bans on filming. This article requires only restrictions on the distribution of materials from the author of the image. Those. Photos can be made public only with the consent of the participants in the shooting.

In order for a person to demand restrictions on the distribution of photographs with his participation, it will be necessary to prove that he is central figure compositions.

For example: if the central figure of the photo is a monument, then there is no need to ask the consent of tourists caught in the frame to publish the photo. If a person is in focus and in portrait mode in the image, he is the central figure and his permission is required.

Important: This rule does not apply to civil servants during execution. Police, ambulance, fire service, security workers, etc. Filming without consent individual in this case, it is completely permissible if the employees are on duty.

Responsibility for illegal filming of children and without parental consent

If the child is not the central figure of the frame, permission to photograph is not required. If you plan to talk with a child on camera, conduct a video survey on the street, etc., then such filming of minors without parental consent is unacceptable.

According to the law, a child can only consent to filming if he or she is 14 years old. Before reaching this age, permission to film is provided by a parent, guardian or responsible person (for example, a teacher if the child is a schoolchild or a teacher if the action takes place in a kindergarten).

Recording interviews with children or conducting portrait photo sessions without parental consent and publishing them later is prohibited.

Important: As in other cases, prohibitions apply to the further use of materials, and not to taking photographs (according to Article 152.1 of the Civil Code of the Russian Federation). In public places, filming in any form is allowed.

Filming without consent on private property and in public places

Filming on private property without the owner's permission is prohibited. The inviolability of property is guaranteed by the basic law and Article 29 of the Civil Code. According to the article, the owner of the property has the right to dispose of it at his own discretion, incl. allow and prohibit video filming of property.

But this article is often used by owners of shops, retail outlets and restaurants. That is why at the entrances to such establishments we see the warning “illegal filming is prohibited.”

In this case, there is a direct violation of the law, because public establishments are equivalent to public places Accordingly, an unauthorized ban on filming and obstruction of it leads to the legal consequences described above.

Important: If you are prohibited from taking photographs or shooting videos in a service establishment, you should refer to the Consumer Rights Protection Law. According to it, the responsibilities of staff include providing the maximum complete information about the product provided. And the consumer, in turn, has the right to record this information in any convenient form (including video and photos).

Moreover, Article 16 of this law determines that there can be no restrictions on photo and video filming and only state institutions has the right to limit it. A call to the police by staff will be classified as a “false call.”

An attempt to ban filming citing trade secrets is also doomed to failure. After all, the Law on Trade Secrets clearly defines the characteristics of information falling under this concept - according to the Law, only information with limited access can be a trade secret. If the owner has not knowingly limited access to information, then it cannot be considered a secret.

Good afternoon
And so, there is a Federal Law “On the Protection of Personal Data”.
In accordance with Article 7 of the Law, Operators and other persons who have access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided federal law.
Thus, according to Article 9 of the Law, the subject of personal data decides to provide his personal data and consents to their processing freely, of his own free will and in his own interest. Consent to the processing of personal data must be specific, informed and conscious. Consent to the processing of personal data can be given by the subject of personal data or his representative in any form that allows confirmation of the fact of its receipt, unless otherwise provided by federal law. If consent to the processing of personal data is received from a representative of the subject of personal data, the powers of this representative to give consent on behalf of the subject of personal data are verified by the operator.
It is clear that you did not give any consent.
According to Article 21 of the Law, in case of detection of unlawful processing of personal data upon application of the subject of personal data or his representative or at the request of the subject of personal data or his representative or the authorized body for the protection of the rights of personal data subjects, the operator is obliged to block unlawfully processed personal data related to this the subject of personal data, or ensure their blocking (if the processing of personal data is carried out by another person acting on behalf of the operator) from the moment of such application or receipt of the specified request for the period of verification. If inaccurate personal data is identified when contacting the subject of personal data or his representative or at their request or at the request of the authorized body for the protection of the rights of subjects of personal data, the operator is obliged to block personal data relating to this subject of personal data or ensure their blocking (if processing personal data is carried out by another person acting on behalf of the operator) from the moment of such application or receipt of the specified request for the period of verification, if blocking of personal data does not violate the rights and legitimate interests of the subject of personal data or third parties.

Accordingly, I recommend contacting that resource, if you know it, so that the information on it regarding you is deleted.
The second step that needs to be taken is to contact the police with a statement to initiate a criminal case against the husband under Art. 128.1 of the Criminal Code of the Russian Federation - Slander, that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, is punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor. for up to one hundred and sixty hours.
The third step you need to take is to go to court with statement of claim about the protection of honor and dignity and, accordingly, about compensation for moral damage, due to the fact that you suffered serious moral suffering due to the actions that your husband committed.
So in the civil code according to on this occasion says v.152
So, according to this article:
1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. The refutation must be made in the same way in which information about the citizen was disseminated, or in another similar way. At the request of interested parties, it is possible to protect the honor, dignity and business reputation of a citizen even after his death. 2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in respect of whom the specified information has been disseminated in the media has the right to demand, along with a refutation, that his response also be published in the same media. 3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation. 4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and, in connection with this, a refutation cannot be brought to public knowledge, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of further dissemination of this information by seizure and destruction, without any compensation, of copies of material media containing the specified information made for the purpose of introducing into civil circulation, if without destroying such copies of material media, deleting the relevant information is impossible. 5. If information discrediting the honor, dignity or business reputation of a citizen turns out to be available on the Internet after its distribution, the citizen has the right to demand the removal of the relevant information, as well as a refutation of this information in a way that ensures that the refutation is communicated to Internet users. 6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen in cases other than those specified in paragraphs 2 - 5 of this article is established by the court. 7. Application of penalties to the violator for failure to comply with a court decision does not relieve him of the obligation to perform the action prescribed by the court decision. 8. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information was disseminated has the right to apply to the court to declare the disseminated information untrue. 9. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with a refutation of such information or publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information. 10. The rules of paragraphs 1 - 9 of this article, with the exception of the provisions on compensation for moral damage, can also be applied by the court to cases of dissemination of any untrue information about a citizen, if such a citizen proves that the specified information does not correspond to reality. Term limitation period for requirements imposed in connection with the dissemination of said information in the media, it is one year from the date of publication of such information in the relevant media. 11. The rules of this article on the protection of a citizen’s business reputation, with the exception of provisions on compensation for moral damage, respectively apply to the protection of the business reputation of a legal entity.
And remember that these steps will help you be with your son in the future and restore your reputation.

Art. answers your question. 152.1 Civil Code of the Russian Federation:

1. Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents.

Such consent is not required in cases where:

1) the use of the image is carried out in state, public or other public interests;

2) the image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sporting competitions and similar events), except for cases where such an image is the main object use;

3) the citizen posed for a fee.

2. Manufactured for the purpose of introducing into civil circulation, as well as those in circulation, copies of material media containing the image of a citizen, obtained or used in violation of paragraph 1 of this article, are subject to withdrawal from circulation and destruction on the basis of a court decision without any compensation. .

3. If an image of a citizen, obtained or used in violation of paragraph 1 of this article, is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution.

The situation here requires a certain legal literacy not even from you, but from the judge. As you can see, there are the first and fourth paragraphs, which protect you from various kinds of fixations if you do not want this. At the same time, there is a second paragraph that has a very broad interpretation, as a result of which it turns out that in fact you can be recorded in 90% of places. BUT! You need to understand that the legislator introduced this exception paragraph specifically in order to specified places It was possible to carry out video surveillance in order to record possible offenses.

If specifically regarding the filming of people, without publication, then according to the law, paragraph 2 applies here: “the image of a citizen was obtained during filming, which is carried out in places open to the public, or at public events, except for cases when such an image is the main object of use." Namely, the part where it says “except for cases when such an image is the main object of use” - that is, if you are filming in a public place the public place itself and a person is in the frame, then he cannot have any claims against you , but if you are mainly filming a person in a public place, then this is already illegal. An expert can determine what exactly you are filming.

>use of the image is carried out in state, public or other public interests;

The point is completely unclear. Here is my specific request: a person smokes in the entrance, and he lives in this entrance. This is prohibited by the administrative article, therefore he is violating. I can only prove this violation with photographic materials: it is logical that by the time the local police officer I called gets to the entrance, the smoker will have finished smoking and gone home. Can I take a photo of him while he smokes? Is it legal or illegal to do this? Judging by these points, no. So what then?

The “All Cases” forum discusses issues of enforcement of civil and criminal legislation.

A meeting of the Plenum took place on 06/09/2015 Supreme Court Russian Federation, which discussed some issues of application general provisions part one of the Civil Code of the Russian Federation, in particular, the problem of using personal photographs posted by users was considered social networks on personal pages.

The publication of an image of a citizen, including its posting by the citizen himself on the Internet, and the public availability of such an image does not give other persons the right to freely use such an image without obtaining consent.

Consent is required if sole purpose of publication and the use of an image of a person is to satisfy the philistine interest in his private life or to make a profit.

You need to understand that the mechanism for distributing publications on the Internet is carried out through intangible media and image reproduction technology must be taken into account. To publish, for example, a photo from Vkontakte on some sites, it is enough to copy the link to this image, and the image will be stored on the vk.com server, and not on the publication page.

Consent to the publication and use of a citizen’s image is a transaction that can be concluded in writing or orally.

In this regard, consent may contain a number of conditions defining the procedure and limits of disclosure and use his images.

This moment greatly simplifies the mechanism for obtaining consent: I sent a message with a request and received “I agree” in response. The deal is done.

If consent was given orally or by implication, such consent covers the use of the image to the extent and for the purposes that are clear from the setting in which it was made.

Let me draw your attention to “committing implied actions.” I interpret it this way: the user posted his personal photos on the page and at the same time selected “privacy conditions”, such as “public viewing” (with the available “only me” or “only friends”, etc.) therefore providing the technical opportunity ( read - expressed consent) to unlimited access to his images of other persons.

Through a search query in Google Images, I may not even guess on which page the Internet user posted his photo, however, if a search robot can read this information and then reproduce it in an array of other images, then it should be understood that the user has given consent search engine to publish your image? Rationale: visually, a search selection in Google Image from different portrait images represents a page with a specific address corresponding to the search query. Why not publish on the Internet?

A citizen’s consent to the use of his image may be revoked at any time, but the owner of the right to use the image may demand compensation for damages caused by the revocation.

The judges looked at each other and explained “entrance is a ruble, exit is two.” If the user once agreed to the use of his photo, do not be surprised if he meets him not where he would like.

After the death of a citizen and in the absence of a surviving spouse, children or parents, no consent is required for the publication and use of the image of this citizen.

EXCEPTIONS

The consent of the person depicted is not required if the citizen is a public figure (occupies a state or municipal position, plays a significant role in public life in the field of politics, economics, art, sports or any other field), and the disclosure and use of the image is carried out in connection with a political or public discussion or interest in to this person is socially significant. T

Consent is not required for the publication of images of missing persons, wanted criminals, eyewitnesses, witnesses to an incident, that is, if the publication occurs to protect law and order and security.

Consent is not required when publishing an image obtained during filming, which is carried out in places open to the public, including open court hearings, or at public events (meetings, conventions, conferences, concerts, performances, sporting competitions and similar events). Provided that the image of the person in the picture not the main object of use .

Consent is not required if, in general, the photograph reflects information about a public event. At the same time, attention should not be drawn specifically to the image of this citizen. Collective photographs, where citizens have clearly expressed their consent to being photographed, can be published by any of those depicted in the photograph without obtaining additional consent from other persons depicted in the photograph, provided that such image does not contain information about the private lives of these persons.

CONCLUSION

Regarding the situation Civil Code, which was included in the agenda of the plenum.

Article 152.1. Protection of a citizen's image

1. Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents. Such consent is not required in cases where:

1) the use of the image is carried out in state, public or other public interests;
2) the image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sporting competitions and similar events), except for cases where such an image is the main object use;
3) the citizen posed for a fee.

2. Manufactured for the purpose of introducing into civil circulation, as well as those in circulation, copies of material media containing the image of a citizen, obtained or used in violation of paragraph 1 of this article, are subject to withdrawal from circulation and destruction on the basis of a court decision without any compensation. .

3. If an image of a citizen, obtained or used in violation of paragraph 1 of this article, is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution.

You cannot publish photos on social networks without permission. It is prohibited to use your VKontakte photos without permission. Is it possible to publish other people's photos from a page on a social network. You cannot publish other people's photos from social networks without permission.