If you find yourself either as a suspect, witness to a crime, or closely associated with individuals posing a threat to national security, you might become part of investigative or operational actions. These measures are carried out by public authorities to gather evidence.
Investigative and operational actions are mostly carried out on the basis of ongoing criminal proceedings. Sometimes, operational actions may also be performed, not only in relation to criminal proceedings, but also for the purposes of national security. Those actions may include the interception of your phone calls, covert video monitoring of your private premises, the seizure of electronic data in a computer, etc.
These actions might affect not only the persons suspected but also their relatives, friends and acquaintances.
example If the police intercept and record your phone calls, this action is of concern to the persons with whom you have talked as well.
What human rights violation may there be?
Investigative and operational actions can interfere with your right to private life. However, it will not always result in a violation of your privacy. On many occasions the law allows the carrying out of such actions, but these actions must be necessary and proportionate, and always applied without excessive intervention in your private life.
example The police may intercept and record your phone conversations to investigate a crime, but the recording should be limited only to the information necessary for such an investigation.
Furthermore, these actions can interfere with your right to a fair trial and due process. This includes the right to be always informed of the accusations and the right to challenge evidence collected by such measures in court. These actions can also have a chilling effect on your right to freedom of expression and association as individuals may fear repercussions for their beliefs or affiliations. Ultimately, once these actions are implemented, lack of transparency in their application can contribute to human rights violations. Ensuring accountability through oversight mechanisms is crucial to prevent abuses and protect individual rights.
example Intelligence agencies may collect information to combat terrorism, but the data collection should adhere to legal safeguards and only target individuals with credible links to potential threats.
About this section
In this section, you can learn how to protect your personal data if you are involved in investigative or operational actions.