Investigative & Operational actions
Investigative and operational actions are mostly carried out on the basis of ongoing criminal proceedings. Sometimes, operational actions may also be performed, not only in relation to criminal proceedings, but also for the purposes of national security. Those actions may include the interception of your phone calls, covert video monitoring of your private premises, the seizure of electronic data in a computer, etc.
These actions might affect not only the persons suspected but also their relatives, friends and acquaintances.
example If the police intercept and record your phone calls, this action is of concern to the persons with whom you have talked as well.
What human rights violation may there be?
Investigative and operational actions can interfere with your right to private life. However, it will not always result in a violation of your privacy. On many occasions the law allows the carrying out of such actions, but these actions must be applied without excessive intervention in your private life.
example The police may intercept and record your phone conversations to investigate a crime, but the recording should be limited only to the information necessary for such an investigation.
Articles 12, 138, 139, 210, 211, 232
Articles 1, 2, 4
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe
9 October 2015
See Summary on case law regarding the access to data
(2019-2019), pages 44-49