Criminal liability for unlawful collection of information on private life of a person: problematic aspects, links with divorce proceedings

Abstract

Depending on the nature of the violation, infringements of a person's right to privacy can lead to both ethical and legal liability. In terms of legal liability, they can be analysed in the context of civil, criminal and administrative law. Liability for the unlawful collection of information about a person's private life is briefly provided for in Article 167 of the Criminal Code of the Republic of Lithuania (hereinafter referred to as the "CCL"), but the legislator does not clarify the criteria on the basis of which the collection of information about a person's private life is unlawful, thus leaving it open to interpretation by the courts. In practice, parallel to civil divorce proceedings, criminal proceedings are initiated, where the collection of information by the spouses as participants in the proceedings is assessed. There is a need to assess the constitutional principle of the inviolability of a spouse's private life in the context of the collection of information (about each other) and to declare this process lawful or not. The focus is on the purposes of the data collection. When assessing the case law and linking the collection of information about a person's private life to the purpose of data collection for the purpose of exercising the right of private persons to provide evidence in proceedings for legitimate purposes within the meaning of Article 167 of the CCL, the acts do not always constitute a crime. This situation focuses the need for a deeper analysis of the liability for the unlawful collection of information, with an emphasis on the regulation of the private life of the spouse and its application.