SECRET SURVEILLANCE CONDUCTED WITH CONSENT OF ONE PARTY TO COMMUNICATION AND THE RIGHT TO PRIVACY

Abstract

With the development of technology, protection of individuals from arbitrary secret surveil-
lance has become a challenge for the right to privacy. Therefore, the legislator should create a

legislative base that strictly defines the scope of interference to the right of an individual to be left  alone. In this respect, it should be decided whether a similar standard of constitutional protection applies to both “typical surveillance” (surveillance without informing the participants of the communication by a third party) and surveillance conducted with one-party consent. Namely, it should be assessed whether a person subject to surveillance with the consent of the conversation partner has the right to sue for violation of privacy and then it should be determined whether this form of the secret surveillance needs to comply with the formal criteria established by Article 20 of the Constitution of Georgia.