GLUKHIN v. RUSSIA JUDGMENT
democratic society in order to achieve any such aim (see Roman Zakharov
v. Russia [GC], no. 47143/06, § 227, ECHR 2015).
75. The protection of personal data is of fundamental importance to a
person’s enjoyment of his or her right to respect for private and family life,
as guaranteed by Article 8 of the Convention. The domestic law must afford
appropriate safeguards to prevent any such use of personal data as may be
inconsistent with the guarantees of this Article. The need for such safeguards
is all the greater where the protection of personal data undergoing automatic
processing is concerned, not least when such data are used for police purposes
(see S. and Marper, cited above, § 103), and especially where the technology
available is continually becoming more sophisticated (see Catt, cited above,
§ 114; Gaughran, cited above, § 86; and Uzun, cited above, § 61). The
protection afforded by Article 8 of the Convention would be unacceptably
weakened if the use of modern scientific techniques in the criminal-justice
system were allowed at any cost and without carefully balancing the potential
benefits of the extensive use of such techniques against important private-life
interests (see S. and Marper, cited above, § 112).
76. Personal data revealing political opinions, such as information about
participation in peaceful protests, fall in the special categories of sensitive
data attracting a heightened level of protection (see Catt, cited above, §§ 112
and 123).
77. In the context of the collection and processing of personal data, it is
therefore essential to have clear, detailed rules governing the scope and
application of measures, as well as minimum safeguards concerning, inter
alia, duration, storage, usage, access of third parties, procedures for
preserving the integrity and confidentiality of data and procedures for their
destruction, thus providing sufficient guarantees against the risk of abuse and
arbitrariness (see S. and Marper, cited above, § 99, and P.N. v. Germany,
no. 74440/17, § 62, 11 June 2020).
(ii) Application to the present case
78. The Court considers that in the present case the questions of
lawfulness and of the existence of a legitimate aim cannot be dissociated from
the question of whether the interference was “necessary in a democratic
society” (see S. and Marper, cited above, § 99; Nemtsov v. Russia,
no. 1774/11, § 75, 31 July 2014; and Elvira Dmitriyeva v. Russia,
nos. 60921/17 and 7202/18, § 77, 30 April 2019). It will therefore examine
them together below.
79. According to the domestic authorities and the Government, the
measures taken against the applicant had a legal basis in the CAO, the OSAA,
the Police Act and Decree no. 410.
80. The Court would begin by noting that operational-search activities
could be performed only in connection with an offence classified as
“criminal” under the domestic law (see paragraph 24 above). The OSAA
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