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The Fight Against Cyber-Crime In The Context Of Compliance With The Right To Protection Against Arbitrary Or U

Author

Listed:
  • Vladimir Jilkine

    (Riga Stradins University)

Abstract

The right to privacy of correspondence is enshrined in Article 8 of the European Convention and the jurisprudence of the ECHR. Violation of privacy is one of the crimes against the constitutional rights and freedoms of man. Within the framework of the problems in combating international terrorism and the legitimate interests of law enforcement or national security, restriction on the right of a citizen to privacy of correspondence is permitted only in accordance with the law, including international human rights law. Paragraph 2 of article 17 of the International Covenant on Civil and Political Rights explicitly states that everyone has the right to the protection of the law against unlawful or arbitrary interference with their privacy. This implies that any communications surveillance programme must be conducted on the basis of a publicly accessible law, which in turn must comply with the State?s own constitutional regime and international human rights law.

Suggested Citation

  • Vladimir Jilkine, 2016. "The Fight Against Cyber-Crime In The Context Of Compliance With The Right To Protection Against Arbitrary Or U," Proceedings of International Academic Conferences 3305101, International Institute of Social and Economic Sciences.
  • Handle: RePEc:sek:iacpro:3305101
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    File URL: https://iises.net/proceedings/21st-international-academic-conference-miami/table-of-content/detail?cid=33&iid=016&rid=5101
    File Function: First version, 2016
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    More about this item

    Keywords

    international law; national security and cyber-crime; ECHR case-law; coercive measures.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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