Interception of communication technologies : a privacy assessment

Abstract

The revolution of communication technologies is part of today's era. Nowadays we are faced with new technologies which develop at alarming speed. Conversely the modern threats of terrorism and organized crime have escalated the necessity of using contemporary measures to aim at having 'riskless' societies. During the last decades there have been technical developments which have brought about legal challenges for States to control communication technologies. It is recognized that technology may help regulate criminal activity and lessen threats in society. Interception of communication technologies is considered one competent method which is used by law-enforcement agencies to maintain control. It is also acknowledged that such interferences do invade a person's privacy and the more technology progresses the more there is prospect for invasion into a person's private life. This thesis examines privacy and the meaning of this right, together with its limitations as defined by law in conjunction to issues of interception. The work considers privacy issues in respect of interception of communications on local, regional and universal scenarios. It is argued that nowadays the notion of privacy has been modified by jurisprudence which illustrates that the expected degree of privacy which an individual may reasonably expect in pertinent situations differs according to societal concerns. This thesis analyzes the implication on privacy rights when methods of interference are used by the authorities. It focuses on the legal implications that interference measures may have on the privacy of the individual. This research discusses the position taken by the European Court of Human Rights and how the resultant principles have influenced State legislation nowadays. An overview of relevant legislation is assimilated. The conclusions include how these principles may be applied to ensure that a balance between preserving society interests and respecting privacy may be reached.