Video surveillance and its efficiency in the Spanish criminal process.

Abstract

The text deals with the use of video surveillance (image capture) in Spanish criminal proceedings which, despite failed reforms, is not expressly provided for but is recognized in case law. Regarding its use, the European Court of Human Rights, in decisions accepted by the Spanish courts, insists that intrusions into private life must be provided for by law and must be necessary to prevent crime, but must have a basis in domestic law. In addition, the author makes qualitative distinctions between the capture of image and sound; and, in dealing with Organic Law 4 of 1997, he points out that even in public places there are manifestations of the privacy of persons that can be affected in a "direct and serious manner", and therefore video cameras cannot be used to take images or sounds, unless there is judicial authorization.