Last Monday, 5th of December, entered
into force the last modification of the law of Criminal Procedure introduced by
the Organic law 13/2015 and 41/2015. The most controversial point of the new
legal text, is the authorisation to the Ministry of the Interior and, in their
absence, to the Security Secretary in order to allow him to order to the police
to tap private communications when it comes to emergencies and when the
investigations are carried out for the investigation of offences relating to
the activities of armed bands or terrorism.
These interventions shall be communicated
immediately to the competent judge which may confirm them or revoke the agreement
within a maximum of 72 hours. Furthermore,
the law provides that electronic devices which have been tap must be related to
the ones that the investigated has been using occasionally, but it is not clear
what happens in the event of these electronic devices are being used by other people
(for instance, a family computer). All of that, it could lead to the
interference in people privacy because the police could choice discretionally who
is investigated.
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