#25: Taking notice of opinions

#25: Taking notice of opinions

An infringement to your private life is easily made by the authorities, especially in criminal cases. Whether it is a telephone tap or a house search, both qualify in principle as an infringement to your right to privacy. This can only be qualified as rightful when this interference is in accordance with the law. It has to have a legitimate aim and it has to be necessary in a democratic society. A lot of jurisprudence on these criteria has been produced over the years. Two years ago we addressed this topic in Lawlunch #01. A fairly recent case – Dragos Ioan Rusu v. Romania – gives reason to address this topic again, especially the relationship between the right to privacy of article 8 of the European Convention for Human Rights (ECHR) and the right to a fair trial of article 6 (1) ECHR.


#15: Fundamental rights are not always stretched to fit the purpose

Procedural errors are the thorn in the side of lawyers. At least, the (lack of) consequences of such errors. In Lawlunch #02 we explained how the system for compensation due to procedural errors works in the Dutch criminal law. Case law shows that it is an uphill battle to get procedural errors acknowledged and to receive compensation for these errors the government made during investigation. In tax law other criteria are applicable when it comes to procedural errors. These criteria and the interpretation by the courts are very refreshing.READ MORE

#11: When may your smartphone be investigated?

Privacy is a hot topic these days now that everywhere around us data is being collected. Our tablets and smartphones contain a lot of information about our private lives. Not only all your contacts are accessible, also the communication with these contacts is saved. Your smartphone nowadays even knows how many steps you have taken today and where. It is not hard to imagine how much valuable information a smartphone contains for investigative departments of the police. The question is when these data carriers may be seized by the authorities? And when may the data be investigated on your phone? In the Netherlands a discussion exists on the question whether police officers may seize a smartphone upon arrest and search through the data. We would like to share this discussion with you.READ MORE