GLUKHIN v. RUSSIA JUDGMENT
locate and arrest him while he was travelling on the Moscow underground –
did not correspond to a “pressing social need”.
90. In the light of all the above considerations the Court concludes that
the use of highly intrusive facial recognition technology in the context of the
applicant exercising his Convention right to freedom of expression is
incompatible with the ideals and values of a democratic society governed by
the rule of law, which the Convention was designed to maintain and promote.
The processing of the applicant’s personal data using facial recognition
technology in the framework of administrative offence proceedings – first, to
identify him from the photographs and the video published on Telegram and,
secondly, to locate and arrest him while he was travelling on the Moscow
underground – cannot be regarded as “necessary in a democratic society”.
91. There has accordingly been a violation of Article 8 of the Convention.
V. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
92. The applicant complained under Article 6 of the Convention that the
administrative-offence proceedings against him had been unfair because there
had been no prosecuting party. Having regard to the facts of the case, the
submissions of the parties and its findings under Articles 8 and 10, the Court
considers that there is no need to give a separate ruling on the admissibility
and the merits of the complaint under Article 6 (see Centre for Legal
Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08,
§ 156, ECHR 2014).
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
93. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the
injured party.”
A. Damage
94. The applicant claimed 15,000 euros (EUR) in respect of
non-pecuniary damage.
95. The Government submitted that the claim was excessive.
96. The Court awards the applicant EUR 9,800 in respect of
non-pecuniary damage, plus any tax that may be chargeable.
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