The Supreme Court has announced new specific positions regarding issues related to the inviolability of private correspondence in its Plenum decision "On the Protection of Personal Rights".
This was reported to Modern.az by the Supreme Court.
The Plenum decision states that this right guarantees everyone the protection of the secrecy of information transmitted through correspondence, postal, telegraph, and other communication means. Unlawful acquisition, use, or dissemination of a person's private correspondence without their consent is considered a violation of the right to personal inviolability:
"This right may be restricted in the manner prescribed by law to prevent a crime or to uncover the truth during the investigation of a criminal case. It should also be noted that, in connection with the resolution of legal disputes, the parties to that dispute may submit only their own correspondence to the court or another competent p resolving the dispute (mediation, arbitration, etc.) as evidence. These parties cannot submit correspondence with other persons as evidence in the resolution of their legal disputes".
It has been specifically stated that sharing any correspondence on media or internet networks without the consent of the other party, or disseminating it in any other form, is prohibited, and this is considered an unlawful interference with personal rights, forming the basis for moral damage.
The Plenum decision also indicates that monitoring a person's “WhatsApp” correspondence using various means without their knowledge is prohibited: "Only a parent may view their minor child's phone without their consent if the child is not fully capable of acting".
