National security and secret surveillance measures in the context of the rights to protect privacy in the judicature of the constitutional court in Poland Cover Image

Bezpieczeñstwo pañstwa i dostêp organów ścigania do danych internetowych a ochrona prywatnoœci w orzecznictwie trybuna£u konstytucyjnego
National security and secret surveillance measures in the context of the rights to protect privacy in the judicature of the constitutional court in Poland

Author(s): Jędrzej Skrzypczak
Subject(s): Constitutional Law, Security and defense, Social Informatics
Published by: Uniwersytet Adama Mickiewicza
Keywords: the right to privacy; law enforcement; access to Internet data; the security of the State;

Summary/Abstract: This paper shows the conflict between two values protected in every democratic country by constitutional law. On the one hand, the right to privacy and on the other hand the competencies of the State to ensure the security of its citizens eg. by using secret surveillance measures. Therefore, it is necessary to seek an appropriate balance between these two standards protected by law based on selected judicature of the Constitutional Tribunal in Poland, and the regulations of the Council of Europe and the European Union.

  • Issue Year: VI/2016
  • Issue No: 9
  • Page Range: 315-326
  • Page Count: 12
  • Language: Polish