Politiets infiltration på digitale platforme – set i et menneskeretligt perspektiv

In the physical wodd, police 'infiltration' traditionally refers to investigations in which incognito police officers blend in with, for example, guests in bars and restaurants for the purpose of eavesdropping. So far, traditional infiltration has not been subject to regulation in Denmark as this has not been deemed legally necessary. A number of novel legal problems present themselves, however, in relation to police infiltration of the digital world. In this context, undercover police officers gain access to closed, private forums on the Internet. The current article argues that police infiltration of digital platforms risks violating the right to private life and private communication under Article 8 of the European Convention on Human Rights, and argues that a tighter legal regulation be enacted in this area. These considerations on infiltration may also be relevant to matters of criminalprocedure in, inter alia, Norway and Sweden, as police infiltrations in these neighboring countries also take place without specific statutory regulation.