Privātuma un drošības līdzsvars pārrobežu krimināltiesiskajā sadarbībā: starptautisko normu analīze

The right to privacy is not absolute, and law enforcement intervention is permissible when it adheres to legal standards. The European Court of Human Rights (ECHR) underscores the importance of having clear and transparent laws regarding surveillance. Privacy is intricately connected to data protection; especially as automated processing becomes increasingly prevalent. The 1981 Strasbourg Convention established foundational principles for data protection, aiming to strike a balance between privacy rights and the free flow of data. While the General Data Protection Regulation (GDPR) and the Police Directive address data protection, they do not cover law enforcement activities. The interpretation of the Police Directive varies across EU Member States, leading to questions about its direct applicability. Key considerations such as legal clarity, necessity, and proportionality are essential for balancing privacy with security. The author seeks to ascertain whether the provisions of the Police Directive permit direct horizontal effect in EU Member States and examines how its interpretation influences law enforcement collaboration.