LEGAL REGULATION AND ETHICAL ASPECTS OF THE USE OF IMSI-CATCHER

Abstract

The article analyzes the risks associated with the use of IMSI-catchers for opaque surveillance and examines the legal and ethical aspects of their application to safeguard human rights. It explores the nature of IMSI-catchers as technical tools capable of identifying mobile devices and manipulating mobile communications, posing a threat to user confidentiality. International and national approaches to the legal regulation of such devices are reviewed, with a focus on their impact on rights guaranteed by the European Convention on Human Rights. The problem of ensuring a balance between the effectiveness of law enforcement and the protection of the constitutional rights of citizens is becoming particularly acute. The use of IMSI-catchers should take place within the framework of clearly defined legal procedures, in compliance with the principles of legality, proportionality and judicial control. An important aspect is also international experience in legal regulation of the use of such technologies. Studying and adapting the best practices of other countries can contribute to the development of an effective national regulatory system. Research on this topic is of important practical importance for improving legislation, developing control procedures and ensuring proper protection of citizens’ rights when using IMSI-catchers by law enforcement agencies. Examples of unauthorized use of IMSI-catchers for repressive purposes, particularly during mass gatherings and protests, are discussed. Special attention is given to the technological aspects enabling abuses and their implications for privacy and freedom of assembly. The study concludes that clear legal regulations and ethical standards are essential to prevent misuse and ensure transparency in the use of IMSI-catchers. Recommendations for improving legislation include restricting the use of these devices to exceptional cases under strict oversight. The importance of adhering to ethical principles, which prohibit the use of such technologies for political repression or violations of democratic freedoms, is emphasized.