EIRP Proceedings, Vol 13 (2018)

Probative Value of Data Obtained Through Technical Surveillance

Andrei Bacauanu

Abstract


The present paper aims at analyzing the probative value of data obtained through technicalsurveillance, as the efficiency of the fight against corruption and organized crime calls for the use of moderninvestigative means and judicial bodies increasingly resort to the use of technical surveillance to obtainevidence in criminal proceedings. Statistical data from the courts attests to the large number of requests forauthorization of interception of communications, a context in which we can state that this measure became aroutine measure in criminal cases. Usage of intercepted communications as evidence obtained in other casesraises serious questions as to ensuring the proportionality of the interference with the right to privacy andwith the pursued scope which must be legitimate, concrete, known, verified and analyzed by the judge at thetime of authorization and not a future one, hypothetically, which may later arise in other causes. Anotherquestion marks the legal basis, in terms of quality and compatibility with the principle of the preeminence oflaw, the storage and archiving of communications for a long time, for use in other future causes. Theacademic and practical interest of the present study lies in the fact that it addresses both law theorists andpractitioners in the field as it analyzes how judicial bodies can use data relevant to the criminal process,obtained through modern surveillance techniques.

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