GPS surveillance from the perspective of the european convention on human rights

• Autores: Diego Zannoni
• Localización: EuCLR European Criminal Law Review, ISSN-e 2193-5505, ISSN 2191-7442, Vol. 8, Nº. 2, 2018, págs. 294-312
• Idioma: inglés
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• Resumen

  • GPS surveillance as an investigation technique and the use of the data collected by this means as evidence in criminal proceedings raises a number of issues relating to the potential violation of the European Convention on Human Rights. One could argue that States are entitled to protect themselves against the exacerbation of criminality and terrorism. However, there should be clear limitations to the investigation techniques States use for such purposes and to the way in which the evidence collected are used in criminal proceedings. With reference to GPS surveillance, this article attempts to strike the delicate balance between a need for proactive and effective investigations on the one hand and the right of individuals to respect for their own private life and their defensive rights in criminal trials on the other.