THE FIGHT AGAINST CYBER-CRIME IN THE CONTEXT OF COMPLIANCE WITH THE RIGHT TO PROTECTION AGAINST ARBITRARY OR U

Vladimir Jilkine ()
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Vladimir Jilkine: Riga Stradins University

No 3305101, Proceedings of International Academic Conferences from International Institute of Social and Economic Sciences

Abstract: The right to privacy of correspondence is enshrined in Article 8 of the European Convention and the jurisprudence of the ECHR. Violation of privacy is one of the crimes against the constitutional rights and freedoms of man. Within the framework of the problems in combating international terrorism and the legitimate interests of law enforcement or national security, restriction on the right of a citizen to privacy of correspondence is permitted only in accordance with the law, including international human rights law. Paragraph 2 of article 17 of the International Covenant on Civil and Political Rights explicitly states that everyone has the right to the protection of the law against unlawful or arbitrary interference with their privacy. This implies that any communications surveillance programme must be conducted on the basis of a publicly accessible law, which in turn must comply with the State?s own constitutional regime and international human rights law.

Keywords: international law; national security and cyber-crime; ECHR case-law; coercive measures. (search for similar items in EconPapers)
JEL-codes: K14 K33 (search for similar items in EconPapers)
Pages: 13 pages
Date: 2016-03
New Economics Papers: this item is included in nep-law
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Published in Proceedings of the Proceedings of the 21st International Academic Conference, Miami, Mar 2016, pages 80-92

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