The Circulation of Wiretapping in the Public Space

Wiretapping is a method of obtaining evidence that is part of covert investigation methods and whose regulation has undergone several changes in recent years as a result of the growing use of wiretapping. Although the rules governing the admissibility of wiretaps are fairly detailed and relatively stabilised, the same does not apply to the issue of publishing or circulating the content of telephone interceptions that reach the public domain, namely through the media. The Portuguese have been systematically confronted with the publicising of phone taps by various media outlets, particularly in the context of major criminal cases involving public figures and politicians responsible for non-transparent practices. A harmonisation of rights is therefore required, based on the similar value of the constitutional values identified, through a case-by-case but predictable approach that guarantees respect for the minimum content of the rights affected.