SEARCHING THE PERSONAL COMPUTER: CRIMINAL PROCEDURE AND LABOUR LAW ASPECTS

Abstract

In the paper, the authors explain the search of the computer from the aspect of criminal procedure and labour

law. The 21st century is marked by an increasingly frequent need to search for computers as devices for

automatic data processing. The Code of Criminal Procedure of Serbia, in addition to the search of devices

for automatic data processing, also recognizes the computer search of data as a special evidentiary action.

Special evidentiary actions are also a permanent subject before the European Court of Human Rights.

However, in addition to the criminal procedure aspect, the labour law aspect of the search of a personal

computer by the employer is also important. Therefore, the authors analyse the mentioned matter both from

the aspect of national laws and from the aspect of human rights protection.