PROTECTION OF SECRETS SAFEGUARDED BY LAW DURING INVESTIGATIONS WITH A MOBILE PHONE AND OTHER ELECTRONIC MEDIA

Abstract

The purpose of this article is to address the problem of observing the guarantees of individual rights and ensuring the constitutional right to privacy of telephonic conversations and to confidentiality of correspondence and postal messages when inspecting a mobile phone or other mobile devices, allowing calls to be made or correspondences to be made via messengers, social networks and e-mail. When writing the article, the following methods are used: comparative legal, analysis and synthesis. Based on the analysis of various opinions of researchers, materials of law enforcement practice and positions of the Constitutional Court of the Russian Federation, the following results are obtained: it shows the range of views on the problem and the different approaches to the problem, both in theory and in practice; it is noted that today there is in fact a situation in which the scope of guarantees and information security does not depend on its content, but on the method of access to it. If the investigator has a mobile phone at his disposal, the extraction of information constituting the secret of negotiations, correspondence, mail messages protected by law is carried out without judicial control. In the absence of a mobile phone at the disposal, obtaining such information is possible only on the basis of a court decision. With this in mind, it is proposed to unify approaches to this problem. The legal development of the category «digital double» seems to be one of the options.

Keywords

• mobile phone
• judicial control
• protection of individual rights
• digital double
• privacy of telephone conversations
• confidentiality of correspondence
• secrets protected by law
• investigative examination
• investigative actions