Wiretapping between the right to privacy and the protection of the public interest- comparative study

Abstract

The right to privacy is one of the basic humans right and the mainstay of personal rights, this right requires the public authorities to guaranteed legal protection against illegal violations. The right to privacy includes the inviolability of phone calls, so that they are not tapped or picked up or recorded. This study aims to highlight the legality of wiretapping in legislation, jurisprudence and the judiciary, and addition to highlighting the legal controls that frame the wiretapping of telephone communications. The researcher used in this study the analytical method, the inductive method and the comparative method, and we got many results the most important one is the right to privacy of phone conversations is not absolute, it is restricted sometimes whenever protecting society or public interest it requires wiretapping. The study has some suggestions such as: the necessity to strike a balance between the public interest and of society and the private interest of individuals without abuse by the public authorities, because human rights cannot be get over it under the pretext of security and social stability.