Admisibilitatea intruziunii în viața privată a persoanei din perspectivă convențională europeană prin utilizarea investigatorilor sub acoperire și a colaboratorilor
Admissibility of Intrusion Into a Person's Private Life From a Conventional European Perspective Through the Use of Undercover Investigators and Collaborators

Author(s): Nadia Zlate
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
Published by: Universul Juridic
Keywords: Special Investigative Methods; Undercover Investigators; Collaborators; Privacy, Necessity; Proportionality;
Summary/Abstract: Through this article, we wanted to highlight the importance of using undercover investigators, as a special research method in the criminal process, to obtain evidence, data and information useful for solving the case, but also to emphasize the fact that the regulation of special investigative techniques is focused on the direction of maintaining a fair balance between the purpose pursued and the respect of the fundamental rights of the persons affected by these intrusive research methods, such as the right to private life and the right to a fair trial. The use of undercover investigators may involve intrusion into the person's private life for a shorter or longer period, the type of relationship they establish with the person targeted by the undercover operation may vary, it may be a single contact or multiple meetings where a rapprochement is established between the researched person and the investigator or collaborator. The guarantees imposed by the European Convention of Human Rights and Fundamental Freedoms, as they were developed in the jurisprudence of the European Court of Human Rights, refer to the provision of interference by national law, the measure being necessary in a democratic state and proportionate in relation content and purpose, and the person targeted by the undercover operation to be able to challenge the legality of the measure before an independent and impartial court.

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