Any information and/or data about non-property and property relations, circumstances, events, relationships, etc., related to a person and members of his family, information about events and phenomena that occurred or are occurring in domestic, intimate, social, professional , business and other spheres of a person's life, with the exception of information provided by law, which relates to the exercise by a person who holds a position related to the performance of the functions of the state or a local self-government body, official or official powers, is information about a person's personal and family life, which is confidential. This position is stated in the decision of the Constitutional Court of Ukraine dated January 20, 2012 No. 2-рп/2012.
The provisions of Part 2 of Art. 32 Constitutions provide comprehensive grounds for possible legitimate interference in a person's personal and family life. Such grounds are:
- consent of a person to the collection, storage, use and distribution of confidential information about him;
- if there is no consent, then these are cases provided for by law, and only in the interests of national security, economic well-being and human rights.
According to Art. 260 of the Criminal Procedure Code of Ukraine, audio and video monitoring of a person is a type of interference in private communication, which is carried out without his knowledge on the basis of the decision of the investigating judge, if there are sufficient grounds to believe that the conversations of this person or other sounds, movements, actions related with her activities or place of stay, etc., may contain information that is important for the pre-trial investigation.
Since the information reflected in the audio recordings of the conversations of the employees of the educational institution contains information about events and phenomena that took place or are taking place in the social, professional, business and other spheres of a person's life, such information can be collected, stored, used and distributed only under the condition of obtaining consent of employees.
Collection of information containing information about events and phenomena that took place or are taking place in the social, professional, business and other spheres of the life of employees, without obtaining their consent, is a violation of the constitutional rights of citizens.
