Secret Monitoring of Communication as a Special Investigation Technique in Focus of the European Court of Human Rights

Kolaković-Bojović, Milica and Turanjanin, Veljko (2017) Secret Monitoring of Communication as a Special Investigation Technique in Focus of the European Court of Human Rights. In: Međunarodna naučna konferencija "Sloboda, bezbednost: pravo na privatnost", 16 - 17.11.2017. Pokrajinski zaštitnik građana - ombudsman ; Institut za kriminološka i sociološka istraživanja, Novi Sad ; Beograd, pp. 323-341. ISBN 978-86-89417-04-3

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Abstract

This paper is focused on several important issues that deal with the secret monitoring of communication as a special investigation technique. The main perspective of the analysis is based on the ECtHR case law on this issue but also on the need to prescribe detailed rules and conditions that regulate whether is possible to secretly monitor communication of third parties in order to prevent, investigate and/or collect evidence of crime. Both perspectives are results of the two parallel processes: On the one side, intensive ICT development enables various modern techniques and methods of crime investigation but also resulted in some new types of crime that could be committed using ICT; On the other hand, expansion of the fundamental rights and their protection, especially in Europe, raised global awareness on the right on the privacy and the need to protect it. Having that in mind it seems that the main question that should be answered by legislator is: Where is the border line between the right on the privacy and the public interest to investigate or prevent crime and collect evidence. A special attention should be paid on the right of the person whose communication was monitored to be informed on the secret monitoring that had been conducted.

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