SOME PROBLEMS OF INTERFERENCE IN PRIVATE COMMUNICATION DURING THE WITHDRAWAL OF INFORMATION FROM ELECTRONIC SYSTEMS AND TELECOMMUNICATIONS NETWORKS

Abstract

The article is devoted to the study of violation of the human right to private communication during covert investigative (search) actions, namely the removal of information from transport telecommunications networks and electronic information systems such as IMessage, WhatsApp, Viber, Telegram, Instagram and more. The consolidation of the concepts of «private communication» and «private life» in accordance with the provisions of international and national law is analyzed. A number of aspects concerning the observance of human rights and freedoms, the confidentiality of his private life during the withdrawal of information from transport telecommunication networks and information systems are analyzed. The content of the relevant covert investigative (search) action and its standardization in international legal acts, in the Constitution of Ukraine, laws of Ukraine is investigated. A study of international and national case law on interference with private communication was also conducted, given the inadmissibility of violating a person’s right to privacy during the pre-trial investigation. It is necessary to comply with international standards established by the decisions of the European Court of Human Rights, as well as the Convention for the Protection of Human Rights and Fundamental Freedoms, when deciding on the granting of permission to interfere in private communication. Based on the above, a practical violation of the Criminal Procedure Code (hereinafter – CPC) in terms of law enforcement access to private communication through the rules of another chapter of the CPC, which greatly simplifies access and turns illegal activities into actions regulated by the code. The authors argue that in the absence of legally established and documented legal links between the consumer of mobile services and the operator of such services, the withdrawal of information from transport telecommunications networks is a direct violation of the constitutional rights of man and citizen to secrecy of telephone conversations. The authors also argue that in the absence of legally established and documented legal ties between the consumer of mobile (mobile) services and the operator of such services, the withdrawal of information from transport telecommunications networks is a direct violation of the constitutional rights of man and citizen to secrecy of telephone conversations.