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The Legal Protection Of The Secrecy Of Correspondence

Author

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  • Roxana Maria ROBA

    ("Petru Maior" University of Tirgu-Mures, Romania)

Abstract

The guarantee for the secrecy of correspondence, as part of the right to respect for private and family life, has represented and still represents a constant issue for domestic and international law. Thus, on one hand, the amazing evolution of technology has created possibilities for breaking the right to the secrecy of communication, thus constituting a threat to individuals’ private life. On the other hand, the interference of the public authorities in the private life, made on reasonable grounds, should be accompanied by guarantees indicating that there is no abuse of power. This study intends to make an analysis of the regulations, mainly the internal ones that guarantee people’s freedom to communicate by long distance communication means, as well as those stipulating the lawful interception of communications in cases of major public interests, in the light of the exigencies expressed by the case law of the ECHR.

Suggested Citation

  • Roxana Maria ROBA, 2009. "The Legal Protection Of The Secrecy Of Correspondence," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 36, pages 135-154, March.
    • Handle: RePEc:pmu:cjurid:v:36:y:2009:p:135-154
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj09/recjurid091_10F.pdf
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    Cited by:

    1. Christoph Stach, 2023. "Data Is the New Oil–Sort of: A View on Why This Comparison Is Misleading and Its Implications for Modern Data Administration," Future Internet, MDPI, vol. 15(2), pages 1-49, February.

    More about this item

    Keywords

    Secrecy of correspondence; Public authorities; Abuse of power; Guarantee people’s freedom to communicate; Interception of communications;
    All these keywords.

    JEL classification:

    • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other

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