Law enforcement co‐operation: The interception of communications and the right to privacy*

1999 ◽  
Vol 25 (2) ◽  
pp. 579-599
Author(s):  
Duncan Chappell
Author(s):  
Elina Aleksandrovna Bagavieva

This article analyzes the procedural autonomy of an investigator and agreement of investigative work with the head of the investigative branch or prosecutor. The object of this research is the relations forming in the process of decisions agreement on receipt of information on connection between subscribers and/or devices. The author examines the questions of the role of the investigator, head of investigative branch and the prosecutor in this procedure. Analysis was conducted on the legislative and departmental normative legal act regulating the authority of the aforementioned officers, corresponding law enforcement practice, as well as literary sources dedicated to this issue. The research substantiates the conclusion that there is a need for ensuring procedural autonomy of the investigator, including through the means of voiding the need for agreement from the head of the investigative branch or prosecutor to forego filing for court warrant to obtain information. The autonomy of the investigative branches from prosecutor’s office can be ensured by delegation of authority by agreement of procedural decisions that require prosecutor’s approval over to the head of the investigative branch. The question of allowability of circumvention of the right to privacy of phone communication is the subject of consideration of the request to obtain information on connection between subscribers and/or devices by a court.


2018 ◽  
Author(s):  
Anxhelina Zhidro ◽  
Arbesa Kurti ◽  
Klodjan Skënderaj

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.


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