Bill could be adopted in Uzbekistan on protection of one’s rights to one's images, eith the Ministry of Justice publishing the bill for public input Monday.
The bill provides for amendments and addenda to the Civil Code, the Labor Code and the Code of Administrative Liability.
According to the proposed Article 100-1 of the Civil Code (protection of one’s rights to image), the capture (creation of an image) of a person in an image (photograph, video recording, fine art object or other sets of external features that allow it to be identified) and the use of such an image is permitted only with one’s consent.
If a person is disabled or is a minor (under 16 years old), consent shall be given by legal representatives or parents. After the death of a person, permission must be given by the heirs if the person did not give consent during his lifetime.
The use of an image means its disclosure, demonstration, distribution, storage, processing, publication.
While, there are cases when consent is not required:
- when a search is declared;
- for performance of state functions;
- to report violations and threats to security (provided that the honor and dignity of the victim are not humiliated);
- when filming civil servants and government officials while performing their official duties;
- capturing and using images of individuals for the purpose of reflecting the general process in public places, rallies, meetings, demonstrations, as well as mass and private events (weddings, funerals, anniversaries, family and other events);
- using an image made (created) for a fee for the purposes for which it was made (created);
- if the image was made available to all persons by the person himself/herself or obtained from a source accessible to all (except for commercial use);
- during video surveillance to ensure public order and safety.
The installation of video cameras in public places must be accompanied by warning signs. It is prohibited to install cameras in places where people may be partially or completely naked.
A public place is a permanent, temporary and/or periodic facility, fenced or open, intended for general use by the public.
It is also planned to introduce the possibility of revoking consent to the use of an image if it is used for inappropriate purposes or violates honor and dignity.
The provisions of this article shall not apply to operational-search, intelligence and counterintelligence activities. The procedure for processing images of persons shall be outlined in the law.
The Labor Code may outline a provision on protection of employees' images in labor relations.
Article 46-1 of the Code of Administrative Liability, which currently provides for punishment for the illegal collection or dissemination of information about a person's private life that constitutes his personal or family secret, without his consent, is proposed to be supplemented with a new norm.
In particular, for the use of hidden technical means (hidden camera or voice recorder) to obtain the specified information, a fine of 10 to 40 basic calculation units (from 3.75 million to 15 million soums) with confiscation of the device will be provided.
The Ministry of Justice published a similar bill for discussion in February 2020. Then, the use of a individual's image was understood as its distribution, processing and demonstration. And now this concept can also cover disclosure, storage and publication.