Las escuchas telefónicas entre abogado defensor y cliente en una comparación internacional

Abstract

This paper presents a selection of legislative models of wiretapping regulation with specific provisions focusing on communications between lawyer and client. This worldwide analysis provides different models ranging from an absolute prohibition to a more widely recognized prohibition with exceptions. Among the deficiencies still persisting under the Spanish regulation, we stressed the need for a regulation to protect the rights of third parties accidentally involved in a wiretap. Even in the case of a hypothetical absolute prohibition model there may come a situation where, as part of a legal telephone tapping, communications between lawyer and client are interfered.This makes it necessary to reopen the debate about what conditions (who, when and how) must be fullfiled to proceed in the case of sensitive communications. Taking as the starting point a gradual understanding of the serious impact on the rights at stake, there must be no room for dogmatism neither absolutist views which keep the Law away from reality.