“Sharing screenshots of private correspondence on social networks without the consent of the other party has recently become one of the most discussed issues, not only from an ethical but also from a legal perspective.”
This was stated by Kamran Bayramov, a member of the Milli Majlis Committee on Legal Policy and State Building.
The MP noted that Azerbaijani legislation provides sufficient legal guarantees regarding the inviolability of private life and the confidentiality of correspondence.
“According to the Constitution of the Republic of Azerbaijan, everyone has the right to protect the secrecy of their private and family life, as well as the confidentiality of correspondence, telephone conversations, and other information. At the same time, the Law ‘On Personal Data’ allows the collection and processing of personal data only with the consent of the person concerned or in cases established by law. Article 156 of the Criminal Code establishes criminal liability for the illegal collection and dissemination of information constituting the secret of private and family life, including correspondence. The Code of Administrative Offenses also provides for liability for the illegal disclosure of personal data.”
However, the MP believes that the new challenges arising in the digital age make it necessary to further improve legislation.
“In the modern era, screenshots can reach thousands, or even millions of people in seconds. Taking this reality into account, there is a need to more precisely define the legal mechanisms for such violations occurring on digital platforms. Although existing legislation provides certain protection mechanisms, the implementation of more concrete legal regulations in this area would be appropriate.”
Kamran Bayramov emphasized that currently, individuals whose rights have been violated can demand compensation for moral damages and the restoration of their rights through the courts.
“However, the complexity of the litigation process and the difficulties in collecting evidence sometimes hinder the prompt protection of citizens’ rights. In this regard, the establishment of more concrete legal mechanisms, including specifically defined administrative or criminal liability norms for sharing private correspondence on social networks and other public resources without consent, would serve both the formation of a culture of digital behavior and the more reliable protection of the inviolability of citizens’ private lives.” (modern.az)