Avlyssnad? En studie om användandet av hemliga tvångsmedel i preventivt syfte

Description

The legal mandate for taking secret interception measures has increased. Law enforcement agencies can now not only monitor the communications of indi- viduals when they are suspected of a crime. Secret interception measures can be taken before a crime is committed, if there are vague signs that an individual could perhaps commit a crime. This progress in preventive direction is a cause of internationalization, social and technological development and increased organized crime and terror. Therefore, the state and the public have a strong interest in gaining access to an increased amount of data. However, these coer- cive measures constitute an infringement of the individual's interest in privacy and protection of privacy. In this paper, based on a legal dogmatic method, the relationship between the rule of law security guarantees, personal integrity and crime prevention is analysed. The paper finds that it is important for both the individual and the state power that the legislature carefully considers whether a breach of personal integrity is justifiable. Moreover, some aspects of preventive use of coercive measures are of greater importance than others. These include the requirements for the functioning of the legislation in a democratic society, the precision and predictability of the law, as well as the existence of independ- ent review, control and protection against abuse. A regulation without these requirements could lead to negative legal consequences and both mistrust and insecurity among citizens.