The first section of the master’s thesis discusses the right to privacy of communications. It begins with the definition of the right as defined by the Constitution of the Republic of Slovenia and the European Convention on Human Rights. In order to define the scope of the right to communications privacy, an analysis of traffic data is required. Hence, the following subsection is dedicated to the analysis of data regarding the content of communications. It is followed by an analysis of the court practices of the Constitutional Court of the Republic of Slovenia and the judgements of the European Court of Human Rights and the Court of Justice of the European Union. Based on the data gathered from the in-depth analysis of the court practices of the Constitutional Court of the Republic of Slovenia and the European Court of Human Rights, an answer to the question whether, and under what conditions, health protection could justify an invasion of communications privacy is provided. The master’s thesis exposes which regulation, the Constitution of the Republic of Slovenia or in the European Convention on Human Rights, offers a better protection of the right to privacy of communications.
The second section discusses police law and police powers, starting with a list of police powers which are used in order to collect traffic data. What follows is a description of the problem of transferring traffic data gathered with the help of the police’s security powers into the sphere of investigation and the issue of transferring traffic data between institutionally separate legal entities. The latter is typical of situations when other entities (unauthorised authorities) collect traffic data and forward it to the authorities in order for it to be used as potential evidence in subsequent criminal proceedings. To conclude, the master thesis deals with the question whether, and under what conditions, the aforementioned transfers of traffic data are in accordance with the current Slovenian constitutional system.
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