Review article
https://doi.org/10.54070/hljk.30.2.3
Leaking of Phone Surveillance Transcripts as a Violation of the ECHR
Željko Karas
orcid.org/0000-0002-5331-6418
*
* Corresponding author.
Abstract
In the paper, the author studies the impact of the leak of transcripts from the secret surveillance of phone communications on the rights of the persons involved, in cases where the release was not intended to find new irregularities (no whistleblower involved). In the paper, a study of ECtHR decisions was carried out with the aim of establishing minimum European standards in cases where data from surveillance were leaked. According to ECtHR decisions, authorities have a duty for the safe custody of collected data, a duty to investigate effectively in the event of a leak, and a duty to provide another appropriate legal remedy (redress) for a leak. If authorities have not fulfilled the stated duties, leaking constitutes a violation of privacy prescribed in Art. 8 ECHR.The author performed a search for similar media publications in the Croatian system based on the characteristics of cases of disclosure of data before the ECtHR. There were 38 publications found in a period of 15 years (2008-2023) based on transcripts of surveillance. The results show that leaks of transcripts are a frequent and long-term phenomenon in the Croatian system, and, considering that effective investigation has not been conducted and there is no other effective legal remedy, such a situation is not in accordance with the rules of the ECHR. In the paper, the author shows the negative consequences of data disclosure on the regularity of the work of the authorities.
Keywords
transcript, secret surveillance of phone conversations, ECtHR, leaking of information
Hrčak ID:
313080
URI
Publication date:
5.12.2023.
Visits: 310 *