Observance of human rights has become the pressing matter in today’s world. States have the legislative power to limit and interfere with
fundamental human rights for the purpose of protecting national security. Unfortunately,
due to such discretion, the public authorities seriously interfere with the privacy, in some cases extending their legal
competence. Nonetheless, states are still obliged to justify such actions by providing
a legal basis for them.
The significance of privacy protection is a controversial
issue of balancing between privacy and security. From the philosophical standpoint,
privacy is not highly appreciated in the hierarchy of needs.1 From
this perspective, it goes without saying that compromising some privacy for
national security will be much more important. However, privacy should be
observed from human rights attitude, which establishes that the right to privacy is a fundamental
right and can be limited in exceptional cases. This thesis will examine the reasoning,
conditions and legal grounds of the aforementioned states’ interference with the right to privacy.
1 Maslow, A.H.
(1943) ‘A Theory of Human Motivation’, Psychological Review, 50: 370–396.