The Legal and Criminalistic Aspects of SSecret criminal technical Data and Information means of information Collection

Fenyvesi, Csaba

doi:10.1556/ajur.47.2006.2.5

Cited by 3 publications

(1 citation statement)

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“…У развоју софистициране технологије јавља се потреба за бољом борбом против тешких облика криминала и многе земље су спровеле мере тајног надзора. Старе методе истраге у модерном времену нису ефикасне за успешно кривично гоњење (Fenyvesi, 2006;Clark , 1990). Дакле, изазов је како ускладити право на приватност са потребом пресретања комуникација ради превенције и истраге кривичних дела (Esen, 2012;Moonen, 2010: 97, 98).…”

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Bulk Interceptio of Communications: Are We Dropping in Totalitarianism?

Turanjanin

Ćorović

2022

ZCEST

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Authors in this work deal with bulk interception of communications and its relationship with the right to privacy. At the center of the debate are new ECtHR’s judgments in cases Big Brother Watch and Others v. the United Kingdom and Centrum för Rättvisa v. Sweden. The ECtHR decided to develop new criteria regarding bulk surveillance because the developed six criteria are more than ten years old. However, this approach may be questionable given the relatively new judgments in the same matter but in which the old approach is taken. This work is divided into several parts. After introductory remarks, the authors briefly explain the main human rights documents regarding the bulk interception of communications and the right to privacy. After that, they explain the approach of the European Court of Human Rights. In the first place, they explain the general principles relating to secret measures of surveillance, including the interception of communications, after which he explains ECtHR’s approach in bulk surveillance cases and the ECtHR approach to be followed in bulk interception cases.

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Bulk Interceptio of Communications: Are We Dropping in Totalitarianism?

Turanjanin

Ćorović

2022

ZCEST

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Special investigative measures: Comparison of the Serbian Criminal Procedure Code with the European Court of Human Rights Standards

Turanjanin

2021

The International Journal of Evidence & Proof

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This paper is focused on several important issues that deal with special investigation measures. The main perspective of the analysis is based on the ECtHR case law on this issue. Two issues are from primary interests: secret monitoring of communication and undercover investigator. Intensive ICT development enables various modern techniques and methods of crime investigation but also results in some new types of crime that could be committed using ICT. Expansion of the fundamental rights and their protection, especially in Europe, raised global awareness of the right to 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 borderline between the right to privacy and the public interest to investigate or prevent crime and collect evidence? The undercover investigator falls under Article 6 of the Convention and there are different rules on the admissibility of such evidence. Serbian Criminal Procedure Law on some points is in line with ECtHR standards, but some very important provisions, as well as practice, are not.

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When does bulk interception of communications violate the right to privacy? The limits of the state’s power and the European Court of Human Rights Approach

Turanjanin

2022

Int. Cybersecur. Law Rev.

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The Legal and Criminalistic Aspects of SSecret criminal technical Data and Information means of information Collection

Cited by 3 publications

References 0 publications

Bulk Interceptio of Communications: Are We Dropping in Totalitarianism?

Bulk Interceptio of Communications: Are We Dropping in Totalitarianism?

Special investigative measures: Comparison of the Serbian Criminal Procedure Code with the European Court of Human Rights Standards

When does bulk interception of communications violate the right to privacy? The limits of the state’s power and the European Court of Human Rights Approach

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