Considerations on the Interceptions and Audio-Video Recordings Related to the Convention on Human Rights and Fundamental Freedoms.docVIP

ACTA UNIVERSITATIS DANUBIUS No. 2/2010 Considerations on the Interceptions and Audio-Video Recordings Related to the Convention on Human Rights and Fundamental Freedoms Senior Lecturer Sandra Gradinaru, PhD Al. I. Cuza University of Iasi sandra.gradinaru@ Abstract: The present paper regards the issue of interceptions and audio-video recordings, in light of Article 8 of the European Convention on Human Rights. Therefore, a democratic society imposes a pressing need for respecting the right to ones private and family life, his home and his correspondence, which is subject to certain restrictions that are in accordance with law and necessary in a democratic society. Hence, the national legal framework regarding interceptions and audio-video recordings has to provide sufficient guarantees so as the right to privacy is not violated. Keywords: privacy; correspondence; constitutionality On one hand, the Roman legislature’s goal was to make sure that the guarantees imposed by the Constitution and by the Convention for defending human rights and basic liberties were respected, through the changes made in legal provisions regarding interceptions and audio-video recordings. But, on the other hand, law texts referring to interceptions and audio or video recordings as proofs pose problems, both from the point of view of their conformity to constitutional and European provisions and the application of these provisions. In order to justify exceptions of unconstitutionality, it was supported the idea that the legal provisions mentioned contravene constitutional provisions from article 16 referring to equal rights, article 21 paragraph (3) concerning the right to have an equitable trial, article 24 paragraph (1) about the guarantee of the right to be defended, article 124 referring to doing justice, article 2