PROPORTIONAL PRAGMATISM AMONG THE RIGHT TO PRIVACY AND THE PUBLIC AUTHORITY IN EUROPEAN LAW AND THE LAW OF THE REPUBLIC OF MACEDONIA

Ristovska, Mirjana and Pelivanova, Natasa (2016) PROPORTIONAL PRAGMATISM AMONG THE RIGHT TO PRIVACY AND THE PUBLIC AUTHORITY IN EUROPEAN LAW AND THE LAW OF THE REPUBLIC OF MACEDONIA. INTERNATIONAL SCIENTIFIC CONFERENCE CONTEMPORARY TRENDS IN SOCIAL CONTROL OF CRIME. pp. 27-38. ISSN 978-608-4828-00-6

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Abstract

The right to privacy as one of the fundamental human rights represents wideranging concept which is expressed through four dimensions: protection of the private life, protection of the family life, protection of the home and protection of the correspondence. Accordingly, any unauthorized intrusion into the privacy of a person, means a violation of his personality, dignity and reputation. However, the right to privacy in contemporary national and international law is not determined in an absolute frame. Namely, it is allowed for public authority, on the grounds of pre-defined legal basis to intervene in the privacy of a person as a necessary measure for the interests of national and public security. The subject of this paper is to scrutinize the relationship among the right to privacy and national and public security protection trough the principles of legality, proportionality, subsidiarity and necessity. The paper consists of an introduction, three parts and a conclusion. It begins by presenting the theoretical definitions of the right to privacy. In the first part the legal framework and judicial practice for the right to privacy in European law is analysed, while in the second part the legal and institutional framework for the right to privacy in the Republic of Macedonia is considered. The third part includes an empirical data on the right to privacy, published by the competent authorities, as well as certain assessments and recommendations regarding that empirical data. Keywords: public authority, proportionality, security, the right to privacy

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Pfk Eprints
Date Deposited: 09 Mar 2020 13:07
Last Modified: 09 Mar 2020 13:07
URI: http://eprints.uklo.edu.mk/id/eprint/3982

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