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Betænkning 601 om privatlivets fred - straffelovsrådet 1971 - Krim

Betænkning 601 om privatlivets fred - straffelovsrådet 1971 - Krim

Betænkning 601 om privatlivets fred - straffelovsrådet 1971 - Krim

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The Criminal Law Council was set up in<br />

1960 as a permanent consultative body in<br />

matters relating to criminal law. The Council<br />

is c<strong>om</strong>posed as follows:<br />

Professor Stephan Hurwitz, LL.D., Parliamentary<br />

C<strong>om</strong>missioner (»<strong>om</strong>budsman«),<br />

Chairman;<br />

Professor Knud Waaben, LL.D., Vice-<br />

Chairman;<br />

Mr. Erik Andersen, President of the Eastern<br />

High Court; and<br />

Mr. H. Olafsson, Director of Public Prosecutions.<br />

In the consideration of the question discussed<br />

in this Report concerning the right<br />

of privacy, the following experts on the law<br />

of liability were co-opted to the Council:<br />

Professor A. Vinding Kruse, LL.D.; and<br />

Mr. H. Urne, High Court judge.<br />

The permanent secretary to the Council,<br />

Mr. L. Nordskov Nielsen, Director of Prison<br />

Administration, took part in the discussions.<br />

The work of the secretariat was discharged<br />

by Mr. H. H. Brydensholt, Head of the<br />

Criminal Law Division of the Ministry of<br />

Justice.<br />

The Criminal Law Council, which in this<br />

Report has examined the possibilities, in<br />

criminal law as well as in civil law, of extending<br />

the protection of the right of privacy,<br />

has had to limit the subject in various<br />

respects. A number of problems which actually<br />

are bound up with the protection of the<br />

private life of the individual and the integrity<br />

of personality are already being considered<br />

by other bodies (EDP recording and<br />

other forms of registration, the use of tape<br />

recording as evidence, and questions relating<br />

to criminal procedure). So the Criminal Law<br />

90<br />

SUMMARY<br />

Council has been able to concentrate on the<br />

cases where the appearance of the so-called<br />

spy-equipment provides new opportunities<br />

to private individuals, including the press,<br />

for unduly disclosing matters appertaining to<br />

the private affairs of other citizens.<br />

Chapter I of the Report summarizes the<br />

professional and political debate on the<br />

problem.<br />

Chapter II contains a brief technical<br />

description of the socalled spy-equipment,<br />

recounting the views of s<strong>om</strong>e experts on the<br />

possibilities of preventing the circulation<br />

(importation, sale, etc.) of such equipment.<br />

Chapter III gives particulars on the rules<br />

applying in a number of other countries. A<br />

broad exposition of the trend of foreign law<br />

is found in a survey prepared by Professor<br />

A. Vinding Kruse, LL.D. (Annex 3 to the<br />

Report).<br />

The penal provisions in force (on the<br />

secrecy of the mails, the peace of the h<strong>om</strong>e,<br />

etc.) are examined in Chapter IV. Besides<br />

citing the provisions in force and accounting<br />

for their previous history, the Chapter gives<br />

an interpretation of their content. In this<br />

context, mention is made of a great number<br />

of points in which it would be expedient<br />

to bring their wording up to date.<br />

The photography legislation is discussed<br />

in Chapter V, which accounts for the views<br />

underlying the fact that, unlike the corresponding<br />

Norwegian law, the Danish law<br />

on the right to photographic pictures contains<br />

no rule which as a point of departure<br />

prohibits the circulation of pictures of other<br />

persons. The Criminal Law Council does not<br />

rec<strong>om</strong>mend any rule on the right to one's<br />

own picture to be included in the Danish

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