Aspects of Human Rights Infringement by Abusive Use of Technical Surveillance Measures

Gathering evidence is a very complex activity carried out by prosecutors during a criminal trial in order to establish the judicial truth. The more complex methods of committing a crime has determined the legislature to react promptly by offering the prosecutors special surveillance methods. One of these methods is the technical surveillance, which according to art. 138 par. 1 consists of the interception of any kind of remote communications, access to a informatics system, audio and video surveillance, tracing or localization by use of technical measures, obtaining the financial records of a person.

Gathering evidence must be carried out by respecting all legal obligations and in accordance with the human rights. This article emphasizes on the infringements on a person’s right to private life and secret of correspondence.