Abstract

The right to privacy and the associated secrecy of communication are two of the most important values of the democratic rule of law guaranteed by a number of normative acts. Protection of privacy and autonomy of information are not absolute and can be subject to restrictions; however, control of telephone conversations is such a serious interference into a person’s private life that - as the European Court of Human Rights and the Polish Constitutional Tribunal have repeatedly emphasised - it must have an exceptionally precise legislative basis.

Tapping concerns a socially sensitive matter and undoubtedly the question of using information obtained by surveillance as evidence in court is also “sensitive”. Such a situation, combined with a multitude of forms of tapping, leads us to wondering whether the legal solutions currently applicable in Poland regulate evidence obtained by tapping in a comprehensive and exhaustive manner? What is illegal tapping and whether in the current legal situation evidence obtained by unlawful tapping can be used in criminal proceedings? This article is an attempt to answer the above questions by analysing legal regulations regarding the subject.