Limits for restriction of the right to privacy impingement when monitoring of individuals and things
Abstract
A Monitoring of individuals and things introduces of operative investigation means aimed at detecting and clarifying up crime. Legislation allowing the use of this institute, which interfere on the right to privacy of the person under monitoring, should respect the requirements to interference the right to privacy from side of public authority setting.
The chapter deals with the evaluation of the Czech legislation on the monitoring of individuals and things in terms of meeting the limits for the legitimacy of violating the private sphere of an individual using the institute of monitoring persons and things pursuant to Section 158d of the Code of Criminal Procedure. It criticaly opposes of the permitting regime in terms of the absence of a court decision on monitoring in some cases, but also the monitoring of the individuals after termination of criminal prosecution, which occurs in practice.