Is it possible to avoid a modern person without a smartphone? Maybe no. Perhaps you are reading this information right now, using a mobile gadget. Today, the latter are equipped with the functions of recognizing fingerprints, face, voice, etc., which process and store the specified data when accessing them.
Today, any state that claims to be a leader in the development of new technologies has a special responsibility to strike the right balance in this regard. The rapid pace of development in the field of genetics and information technology will inevitably lead to the fact that in the future the interests of privacy related to genetic information may be adversely affected in new ways.
The European Court of Human Rights (hereinafter referred to as the "Court") is also paying attention to this problem. In his decisions, he highlighted, among other things, the following problems:
- the need for a more detailed study by national courts of modern digital technologies when investigating the facts of interference in the private lives of the parties in the case;
- establishment and observance of a strict order of individual and mass monitoring of the communicative behavior of persons suspected of committing crimes, using mobile technologies;
- application of only exceptional grounds for granting permission for covert surveillance by accessing information using digital technologies;
- the duty of national courts to establish the authenticity, accuracy and completeness of data obtained from digital sources, especially those using cryptographic or other modern methods of protection;
- the need to use the approach of "end-to-end guarantees" of the protection of these parties in the case, that is, at each stage of the process, and to prevent their review after a violation.
If you are faced with a violation of the right to privacy, or are sure that third parties have interfered with your data, the specialists of Dynasty Law & Investment will be happy to help you solve these issues
Oleksiy Hrachov, attorney at Dynasty Law & Investment