Kontrola operacyjna w polskim prawie antyterrorystycznym
Wiretapping in Polish Anti-terrorist Law
Author(s): Grzegorz SzychSubject(s): Constitutional Law, Human Rights and Humanitarian Law, Sociology of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: terrorism; wiretapping; operational works; discrimination in the field of human rights; restriction of freedom and human rights;
Summary/Abstract: Passing the anti-terrorist law in Poland introduced a number of new legal solutions, including in the scope of carrying out operational tasks by services involved in anti-terrorist activities. One of the powers is the ability to independently manage wiretapping by the Head of the Internal Security Agency in relation to foreigners. This legal regulation is the subject of polemics in the context of discussions referring to the extent of state interference in civil rights to the protection of privacy. The study analyzed the regulation of Article 9 Anti-terrorism Law in relation to the established jurisprudence of the Polish Constitutional Tribunal and the ECHR in the scope of interference of special services through the use of operational techniques in civil liberties and supervision over the application of these methods by independent authority. In addition, the question of possible violation of the prohibition of discrimination by the indicated legal norm was raised.
Journal: Studenckie Zeszyty Naukowe
- Issue Year: 21/2018
- Issue No: 39
- Page Range: 77-95
- Page Count: 19
- Language: Polish