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          • Year: 2015
          • Communications Interception Measures and Data Retention from the Perspectives of Strasbourg the Regulative Framework and Serbian Judicial Practice

          • One of the main goals of this publication is to show necessity to secure personal privacy, in spite of fact that balance between civil rights and security is continuously redefining.

        • The author is using international judicial framework, Serbian judicial framework, role of European Court of Human Rights in Strasbourg, and Serbian judicial practice to analyze influence of communications interception measures and data retention on privacy. Author concludes that solving security challenges cannot be danger to civil rights. In spite of rise of security challenges, democratic state is obliged to provide rules under which those actions will be conducted in a way that is not harmful to citizens.

          The first part is introduction to author’s framework and goals of publication. The second part is insight on international judicial framework and review of the most important international acts, like European Convention on Human Rights. Author is listing conditions for the application of the relevant Convention article, that regulate impact on privacy, and also explaining them. He is also listing cases relevant to this question. Author is explaining and gives examples of conceptual forms of interference with privacy: Secret surveillance, Collection, retention and disclosure of data.

          The third part is review of Constitutional and legislative framework, also judicial practice in Serbia. Author is explaining the special evidentiary actions, regulated by the Criminal Procedure Code, influence of those actions on privacy and conditions that need to exist for application of those actions. Author is giving detailed explanation of special evidentiary action forms: Covert interception of communications, covert surveillance and recording and computer search of data. He is listing relevant participants, and ways of surveillance and control of special evidentiary actions, used by Republic of Serbia. He is finishing by connecting special evidentiary actions usage and freedom of speech, by showing relevant cases.

          Publication of this handbook was kindly supported by The Royal Norwegian Embassy in Belgrade, in the framework of the project “Who Controls the Wire: Towards the Effective External Oversight of the Use of Special Investigative Measures”. The opinions expressed in the publication are solely those of the authors and do not necessarily reflect the positions of the Norwegian Ministry of Foreign Affairs. 

        • Tags: special measures, security services, human rights
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