The European Court of Human Rights (ECHR) has ruled unanimously against Monaco, concluding that the judicial investigation violated the right to privacy of Tetiana Bersheda, a lawyer. The case, Bersheda and Rybolovlev v. Monaco, centered on the failure of an investigating judge to limit the scope of the investigation into Bersheda’s use of her mobile phone for recording private conversations intended as evidence.
In 2016, Bersheda was charged with invasion of privacy after it was alleged that she had secretly recorded a conversation. A year later, she handed over her mobile phone, which was used for both private and professional purposes, to authorities, indicating where the specific recording was stored. However, the judge authorized an expert to analyze the entire contents of her phone, including deleted data, without effectively limiting the scope of the probe.
According to Article 8 of the European Convention on Human Rights, everyone possesses the right to respect for private and family life, with minimal interference from public authorities except when necessary in a democratic society. This article also emphasizes the protection of confidentiality between lawyers and their clients, as well as legal professional privilege (ECHR Fact Sheet).
The ECHR determined that the judge’s actions exceeded necessary boundaries, failing to limit the investigation scope and preserve legal professional privilege. As a result, the court found that the breach of Bersheda’s privacy was not proportionate to the intended legislative aims and was unnecessary in a democratic society, ultimately contravening Article 8 of the European Convention on Human Rights.