Integritet vägt mot allmänna intressen - En kritisk diskussion om personlig integritet vid användandet av hemliga tvångsmedel

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: This essay investigates the meaning of integrity in a constitutional context. Personal integrity, or the right to a private life, can be restricted in relation to other constitutional interest, such as public order. The focus of the thesis is when the police or secret service use secret surverlliance when an individual displays a prominent risk to undertake a criminal conduct. What constitutes personal integrity? In this text, personal integrity is defined in philosophical and legal context. There is no distinct definition of what constitutes personal integrity. The term needs to be defined within the context where it’s being used. The term, here, is used in the context of the Swedish prevention act. The act constitutes under what measures secret surveillance is to be used when an individual is at risk at committing a crime. Therefore, the definition that is used here contains several factors, such as private life, infringement on an individual’s personality, values, dreams etc. The crimes all have common characteristics in the sense that they all oppose a threat to the society or democratic values in general. Integrity can be restricted when other constitutional interests are at risk, such as public order. Also, constitutional principles needs to be considered in relation to such a restriction. Legality and proportionality must precede the trial, in order to prevent arbitrariness and excessive use of state power. The study also concerns the question of transparency for the individual when he or she is being supervised by state authorities. It is rare that an induvial can attain full access to information that concerns him or her, because of specific interests protected by the Swedish Public and Secrecy act. Ultimately, an overview of the thesis questions describes several aspects of integrity. One is privacy infringement, meaning that the individual cannot access information about him- or herself. From a theoretical point a view, it can be seen as the individual is risking to lose his or her autonomy. Is the restriction of power sufficient in order to protect the individual from intrusions of his or hers private life? Hereby, it is discussed whether this order is desirable in a society, especially in relation to how it can affect the individual. The balancing of personal integrity and public order as different constitutional interests is discussed in the last section of the essay.

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