Criminal Liability for Privacy Violations in the Context of the European Convention on Human Rights and Lithuanian Case Law Cover Image

Baudžiamoji atsakomybė už asmens privataus gyvenimo neliečiamumo pažeidimus Europos Žmogaus Teisių Teismo bei Lietuvos teismų praktikos kontekste
Criminal Liability for Privacy Violations in the Context of the European Convention on Human Rights and Lithuanian Case Law

Author(s): Liudvika Meškauskaitė, Mindaugas Lankauskas
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Lietuvos teisės institutas

Summary/Abstract: According to Article 8 of the European Convention on Human Rights, everyone has the right to respect for his private and family life, his home and his correspondence. The High Contracting Parties shall secure the right to privacy within their jurisdiction and have positive obligations to ensure the respect and effectiveness of the protection of this right. Criminal law is one of the legal instruments (others are civil, administrative or ethical liabilities) to guarantee an adequate level of privacy protection in the national legal systems of The High Contracting Parties. The article analyses most serious violations of privacy, which are criminal offences according to the Lithuanian Penal Code. It should be noted that national law in this sphere is closely related to the particular State’s obligations under the Convention. Therefore, actual case law of Lithuanian courts was analysed in the light of the case law of the European Court of Human Rights. The main aim of this article is to deepen the theoretical knowledge on the right of privacy in the context of criminal liability according to Lithuanian law.

  • Issue Year: 2016
  • Issue No: 91
  • Page Range: 52-80
  • Page Count: 29
  • Language: Lithuanian