62 Int. J. Intellectual Property Management, Vol. 6, Nos. 1/2, 2013 Copyright © 2013 Inderscience Enterprises Ltd. Right to privacy and cybercrime investigation Dmytro Gadomsky and Tykhin Alekseienko* Eurasia Business Centre, 75 Zhylyanska St., 5th Floor, 01032 Kyiv, Ukraine Fax: +38 (044) 390-55-40 E-mail: Dmytro.Gadomsky@arzinger.ua E-mail: Tykhin.Alekseienko@arzinger.ua Corresponding author Abstract: Within the last decades modern society has become strongly dependent on the computer networks and ICT. However, that gave a rise to such a negative phenomenon as computer crime. Due to the rapid increase in usage of computers criminals gained a possibility to invade on more intimate spheres of life of individuals – their behaviour, life views, and habits. Trying to counter such an unlawful interference with private and family life of modern citizens competent authorities often fail to keep to the existing regulations which also leads to violations of the aforesaid right. This article gives a general view on the issue and provides with some offers regarding possible regulation. Keywords: privacy; fundamental right; human rights instruments; cyberspace; computer technologies; data processing; legitimate aim; acceptable interference; cybercrime investigation. Reference to this paper should be made as follows: Gadomsky, D. and Alekseienko, T. (2013) ‘Right to privacy and cybercrime investigation’, Int. J. Intellectual Property Management, Vol. 6, Nos. 1/2, pp.62–69. Biographical notes: Dmytro Gadomsky is a Qualified Litigation Attorney, Counsel at Arzinger law firm. Among the areas of his expertise at Arzinger are asset tracing, copyright in the internet, tax disputes and representation of clients in criminal cases involving information technology. He has successfully represented Ukrainian and foreign clients in various litigations in national and foreign courts. Tykhin Alekseienko is a Junior Associate at Arzinger law firm. This paper is a revised and expanded version of a paper entitled ‘Right to privacy and cybercrime investigation’ presented at 7th International Conference on Legal, Security and Privacy Issues in IT Law (LSPI), Athens, Greece, 2–4 October 2012. 1 Introduction Modern states are bound to protect legitimate rights and freedoms of individuals and should do their best as to prevent any interference with these protected rights and freedoms. Given this, combating criminal activities seems to be one of the top state’s priorities as long as crimes usually inflict a great loss on the possibility of individuals to