GLUKHIN v. RUSSIA JUDGMENT
records are used and processed and the results that may be obtained (see
S. and Marper v. the United Kingdom [GC], nos. 30562/04 and 30566/04,
§ 67, ECHR 2008).
66. Since there are occasions when people knowingly or intentionally
involve themselves in activities which are or may be recorded or reported in
a public manner, a person’s reasonable expectations as to privacy may be a
significant, although not necessarily conclusive, factor in this assessment. As
to the monitoring of an individual’s actions using photographic or video
devices, the Convention institutions have taken the view that the monitoring
of the actions and movements of an individual in a public place using a
camera which did not record the visual data does not constitute in itself a form
of interference with private life. Private-life considerations may arise,
however, once any systematic or permanent record of such personal data
comes into existence, particularly pictures of an identified person. A person’s
image constitutes one of the chief attributes of his or her personality, as it
reveals the person’s unique characteristics and distinguishes the person from
his or her peers. The right of each person to the protection of his or her image
is thus one of the essential components of personal development and
presupposes the right to control the use of that image. While in most cases
the right to control such use involves the possibility for an individual to refuse
publication of his or her image, it also covers the individual’s right to object
to the recording, conservation and reproduction of the image by another
person (see López Ribalda and Others, cited above, § 89, with further
references).
67. The Court has previously found that the collection and storing of data
by the authorities on particular individuals constituted an interference with
those persons’ private lives, even if that data concerned exclusively the
person’s public activities (see Amann v. Switzerland [GC], no. 27798/95,
§§ 65-67, ECHR 2000-II, and Rotaru v. Romania [GC], no. 28341/95,
§§ 43-44, ECHR 2000-V), such as participation in anti-government
demonstrations (see Association “21 December 1989” and Others
v. Romania, nos. 33810/07 and 18817/08, § 170, 24 May 2011, and Catt
v. the United Kingdom, no. 43514/15, § 93, 24 January 2019). It has also
found that the following instances of collection of data in a public place
constituted an interference with the persons’ private lives: the recording of a
questioning in a public area of a police station (see P.G. and J.H. v. the United
Kingdom, no. 44787/98, §§ 56-60, ECHR 2001-IX); recording by CCTV
cameras in a public place and the subsequent disclosure of the video-footage
to the media (see Peck v. the United Kingdom, no. 44647/98, §§ 57-63,
ECHR 2003-I); recording of video-footage at a police station and its
subsequent use in criminal proceedings (see Perry v. the United Kingdom,
no. 63737/00, §§ 36-43, ECHR 2003-IX (extracts); the collection, through a
GPS device attached to a person’s car, and storage of data concerning that
person’s whereabouts and movements in the public sphere (see Uzun
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