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Limits on the Legitimacy of Invasion of Privacy in Surveillance of Persons and Things

Publication at Faculty of Law |
2020

Abstract

Surveillance of persons and things is a commonly used means of operative searching aimed at detection and clarifi cation of crime in practice. Legislation allowing to use this institute, which infringes the right to privacy of the person under surveillance, should respect the requirements defi ned by public authorities for infringement of the right to privacy.

The chapter deals with the evaluation of the Czech legislation on surveillance of persons and things in terms of fulfi lment of the limits on the legitimacy of violating the private sphere of an individual while using the institute of surveillance of persons and things pursuant to section 158d of the Criminal Procedure Code. In particular, it is critical of the permission regime with regard to the absence of a court decision on surveillance in some cases, but also of surveillance of a person at the execution stage of criminal proceedings, which occurs in practice.