GLUKHIN v. RUSSIA JUDGMENT
29. When investigating criminal or administrative offences or examining
registered complaints about criminal or administrative offences or accidents,
the police are entitled to make reasoned requests for, and to obtain free of
charge, information, documents or copies thereof or other necessary data,
including personal data, from State and municipal authorities, public
associations, organisations, officials and citizens, except for information for
which federal law sets up a special access procedure (section 13-1(4)).
V. PROCESSING OF PERSONAL DATA
30. The Personal Data Protection Act (no. 152-FZ of 27 July 2006, as in
force at the material time) provided that personal data could be processed,
among others, in connection with a person’s involvement in administrative
judicial proceedings, and also if personal data had been made publicly
available by the subject of those data (section 6(1)(3) and (10)).
31. Biometric personal data was defined as information that reveals a
person’s physiological and biological characteristics that can be used to
identify that person. It could only be processed with the written consent of
the individual concerned, unless otherwise provided for in the section in
question (section 11(1)). Biometric personal data could be processed without
the data subject’s consent, among others, in connection with the
administration of justice, and in cases provided for by the legislation
concerning defence, security, counterterrorism, transport security,
anti-corruption and operational-search activities (section 11(2)).
32. Processing of special categories of personal data revealing race,
nationality, political opinions, religious or philosophical beliefs, health status,
or intimate life was generally prohibited, except when authorised by the
section in question (section 10(1)). Special categories of personal data could
be processed, among others, if personal data had been made publicly
available by the subject of those data; in connection with the administration
of justice; and in cases provided for by the legislation concerning defence,
security,
counterterrorism,
transport
safety,
anti-corruption,
operational-search activities and civil and criminal judicial enforcement
(section 10(2)(2), (6) and (7)).
VI. VIDEO SURVEILLANCE IN THE MOSCOW UNDERGROUND
33. Governmental Decree no. 410 of 5 April 2017 on requirements for
transport security, in force at the material time, provided for a requirement
for technical equipment to be installed in underground stations depending on
their security profile. In particular, the underground stations in the first
(highest security) category had to be equipped with transport security systems
ensuring:
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