SCOPE OF PROTECTION OF CORRESPONDENCE

The right to respect for correspondence guarantees a right to communicate with others without an interference by third parties or any censorship . The right to respect for correspondence guaranteed in Article 8 protects the manner of communication rather than its content. The protection of correspondence covers both traditional correspondence by letters and communication by telephone or via other electronic means of communication. International prevention of terrorist crimes and mass electronic surveillance of communication both within a State and between the States have put domestic legislations in front of new challenges.

The right to respect for correspondence often coincides with the right to respect for private life, family life and/or home and in such cases the matters are examined under all of these provisions.

TRADITIONAL CORRESPONDENCE AND EMAIL

The ultimate goal of Article 8 of the Convention is to protect individuals against the authorities ‘arbitrary interference with their right to respect for correspondence. The protection of correspondence covers first of all traditional correspondence by letters, whether of a private or professional nature, sent via ordinary mail, including where the sender or recipient is a prisoner. It also includes packages seized by customs officers. The concept of correspondence also includes communication via electronic means, such as telephone, electronic messages (emails) the use of the Internet as well as data stored on computer servers, including hard drives and floppy disks. Older forms of electronic communication are also covered, such as telex es, pager messages and private radio broadcasting, but not broadcasts on a public wavelength that are accessible to others.

The concept of correspondence also covers traditional telephone conversations between people. It thus covers telephone conversations between family members, telephone calls from private or business premises and from a prison. The concept also covers the “interception ” of information relating to such conversations, such as date, duration and numbers dialled.