THE LEGAL PROTECTION OF THE SECRECY OF CORRESPONDENCE

Roxana Maria Roba
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Roxana Maria Roba: "Petru Maior" University of Tirgu-Mures, Romania

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2009, vol. 36, 135-154

Abstract: The guarantee for the secrecy of correspondence, as part of the right to respect for private and family life, has represented and still represents a constant issue for domestic and international law. Thus, on one hand, the amazing evolution of technology has created possibilities for breaking the right to the secrecy of communication, thus constituting a threat to individuals’ private life. On the other hand, the interference of the public authorities in the private life, made on reasonable grounds, should be accompanied by guarantees indicating that there is no abuse of power. This study intends to make an analysis of the regulations, mainly the internal ones that guarantee people’s freedom to communicate by long distance communication means, as well as those stipulating the lawful interception of communications in cases of major public interests, in the light of the exigencies expressed by the case law of the ECHR.

Keywords: Secrecy of correspondence; Public authorities; Abuse of power; Guarantee people’s freedom to communicate; Interception of communications (search for similar items in EconPapers)
JEL-codes: K39 (search for similar items in EconPapers)
Date: 2009
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