CEDH : violation du droit à correspondance de l'avocat - RDE 07473
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Maître Gottfried Wieser et la société à responsabilité limitée dont il est à la fois le propriétaire-directeur général et l'avocat ont saisi la CEDH d'une plainte contre le gouvernement autrichien en raison de fouilles effectuées au cabinet de l'avocat ayant permis la saisie de documents papiers et de données électroniques. Les requérants ont considéré que ces fouilles constituaient un manquement au droit de Me Wieser au secret professionnel, garanti par l'article 9 de la loi autrichienne sur les avocats. Ils invoquaient ainsi devant la CEDH la violation de l'article 8 (droit au respect de la vie privée et familiale et de la correspondance). ans un arrêt rendu le 16 octobre 2007, la CEDH a précisé en premier lieu que la fouille et la saisie de données électroniques s'analysent en une ingérence dans le droit des requérants au respect de leur « correspondance » au sens de l'article 8 de la Convention. En l'espèce, elle a noté que les garanties dont bénéficient les correspondances des avocats n'avaient pas...
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