نوع مقاله : مقاله علمی
چکیده
کلیدواژهها
عنوان مقاله [English]
The right to privacy is one of the human rights stipulated in the European Convention on Human Rights, which can be limited and suspended by the government as a binding right. One of the conditions for suspending and limiting the right to privacy is to maintain security and national interests, which is identified in the European Convention on Human Rights as one of the legitimate goals for justifying government intervention in privacy. The four examples of legitimate goals are specified in the convention, which are considered exclusive, and maintaining security and national interests is one of the legitimate goals stipulated in the convention. According to the second paragraph of Article 8 of the Convention, it is possible for the government to intervene in privacy in order to maintain national security if it is based on the law, it has a legitimate purpose and is based on a social necessity in a democratic society, and otherwise the intervention of the government is illegal and it is considered a violation of privacy. At the same time, a definition of national security has not been provided in the convention and the determination of the priority and superioeity of national security over a human right, the conditions for the sovereignty to invoke national security at the time of interference in privacy, and the scope of reference of the member states of the convention to internal laws and the possibility of using the margin of discretion rule and Legal guarantees - protection of privacy is possible by reviewing the court procedure. As a result, it is important to examine the procedure of the court and its role in establishing and expanding the right to respect privacy as a human rights judicial institution that has executive mechanisms.
کلیدواژهها [English]
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