Ar valstybė, be teisinių apribojimų rinkdama visų jos jurisdikcijoje esančių fizinių asmenų duomenis su tikslu užkirsti kelią teroristiniams išpuoliams, nepažeistų asmenų teisės į privatų gyvenimą?

Abstract

The author examines the question raised in the title of the article on the universal international level, on the regional level of the Coucil of Europe and the European Union and the national level of Lithuania. As the topic is a very broad one, its analysis has been devided into parts and the first of them is presented in this work. Firstly, it is worth mentioning that the present concept of terrorism is very fragmented in the universal international law, i. e. different treaties directly or indirectly provide the definition of terrorism applied just for that certain treaty. On the universal international level, the states do not agree what the comprehensive concept of terrorism should be. And this is the essential reason because of which the comprehensive universal convention on terrorism has not been concluded yet. However, it can be noticed that the concept of terrorism usually encludes very dangerous behaviour the features of which are either murders, or substantial bodily injuries, or the causation of the risk of such harm, or the causation of the substantial harm to the property or to the environment, or the intimidation of the population, or unduly making the state, international public organization, natural or juridical person, or the group of them to perform certain actions or to restrain from doing them, or other features. The Council of Europe defines the concept of terrorism by making references to universal “sectorial” treaties, but it also defines some aspects of the crime of terrorism directly. The concept of terrorism used in the law of the Council of Europe has the same essential features as the concept of this crime in the universal international law. The European Union has chosen a different way, as it provides the general definition of the crime of terrorism. [...]