THE RIGHT TO RESPECT FOR PRIVATE LIFE - CASE OF TRAJKOVSKI AND CHIPOVSKI V. MACEDONIA

Abstract

Purpose

The Paper shall pay attention to the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which among other rights, addresses the right to respect for private life. Also, the Paper shall focus on the Macedonian Case of Trajkovski and Chipovski, and the violation of the said Article that was established by the European Court of Human Rights.

Design/Methods/Approach

Having in mind the right to respect for private life, as well as the right to protect personal data, the Paper shall give a note and shall analyze the relevant literature, , international and domestic legal acts and practice of the European Court of Human Rights. In addition, focus shall be given to the allegations raised by the applicants Trajkovski and Chipovski, that the regulatory framework on the basis of which the authorities had collected, processed and stored their DNA material was incompatible with the requirements under Article 8 of the Convention.

Findings

From the used references, the Paper shall be able to establish what went wrong in Case of Trajkovski and Chipovski, or to be more precise - what were the actions of the Macedonian authorities that according to the European Court of Human Rights represent a violation of the applicants’ right to respect for private life.

Originality/Value

The main issue of the Paper is to establish a balance between two opposite but essential interests, i.e. the human rights from the aspect of the privacy and data protection, and the Government’s authorizations to provide public safety and security. In essence, the Government’s interference into the right to private life shall be seen from three aspects - lawfulness, legitimate aim and necessary in a democratic society.