Investigation into private life : a necessity or an intrusion?

Abstract

In this thesis, the author aims to give an overview of the theory and practice surrounding privacy issues particularly the right to respect for the private life of the individual. In the introductory part of the thesis, the author aims to give a legal and academic perspective to the notion of privacy as a general concept, particularly its evolving process throughout the ages. This historical perspective of the notion is submitted in Chapter 1 of the thesis and the evolution of privacy is discussed briefly. Secondly, In Chapter 2, the author aims to give a detailed analysis of the 'private life' concept emanating from Article 8 of the European Convention on Human Rights. Here, a thorough study is conducted in relation to the interference in the private life of the individual by the State authorities and the Police as well as the various protective principles which an individual may invoke under this fundamental article. In Chapter 3, the author provides an overview of the issues surrounding the concept of intrusion, in relation to the private life of the individual. Consequently, a legal and academic analysis of the word 'intrusion' is made while giving cognizance to the legal torts which emanate from certain intrusive actions. This analysis is made in order to give a systematic overview of the consequences of intrusion as a distinct Tort under various jurisdictions, particularly in the United States. The author also aims to analyse the concept of surveillance and its implications in Chapter 4 where the sphere of private life expected by the individual could be abused by unrestricted surveillance methods carried out by the authorities under the notion of 'lawful interference'. In this chapter, the author analyses only interference through surveillance carried out by the police and the State, since in Chapter 5 this interference is taken from a private perspective, mainly the implications of the activities carried out by private investigator on the private sphere of life of the individual. Ancillary to this, the author presents a set of regulations aimed at giving the profession of the private investigator legal recognition through the issuing of specific private investigator licenses, given the lack of a regulatory framework in Malta in this particular area. Thus a legal overview of possible intrusions in the private life of an individual is made by the author in order to construct a detailed approach of the extent of investigative processes in relation to the lawful necessity or otherwise of any intrusive interferences.