Kontrola operacyjna a tajemnica lekarska. Stosowanie środków techniki operacyjnej wobec osób podejrzanych wykonujących zawody medyczne
Operational control versus medical secrets. The application of operational techniques towards legal suspects performing medical professions

Summary/Abstract: Operational control as a method for gaining information about crimes and their perpetrators is applied by law enforcement world over, including Poland. The issue of using eavesdropping devices in investigative operations and legal proceedings has always raised considerable concerns, in particular when concerning people who are neither suspects nor defendants. The situation is significantly complicated when the information collected by law enforcement services is protected by law. Although apparently relatively precise provisions concerning the basis for and scope of operational control have recently been introduced, the media continue to report news on their abuse. If this status quo continues for any length of time it might undermine citizens’ confidence in both the state and its institutions. It is therefore necessary to develop effective mechanisms that will ensure successful elimination of corruption in health services and that will simultaneously minimize interference with the personal interests of both patients and doctors. It should be borne in mind, at the same time, that it should always be a primary objective of a democratic state of law to maintain citizens’ confidence in its institutions.

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