Legitimacy of Obtaining Information on Private Communication in International and Georgian Legal Systems: Modern Technologies vs Privacy

Abstract

One of the main challenges in the modern era is the effective protection of human exercise control over the private correspondence of individuals based on the argument of protecting national security, which increases the risks of illegal interference in human rights. The purpose of this article is to examine the legitimacy of obtaining information on private communication by addressing the following issues: monitoring of private communications and related aspects; balancing the interest in protecting national security against the right to respect correspondence; compliance of foreign intelligence surveillance with the main principles of international law; overseeing activities of law enforcement agencies; international and national legal mechanisms for protecting the right to respect for personal correspondence; the test for the legitimacy of the aim pursued by the interference in the right to respect for private life; case-law of the European Court of Human Rights and the Court of Justice of the European Union.