DIGITAL JUSTICE: ISSUES OF ENSURING THE RIGHT TO PRIVACY OF THE INDIVIDUAL, SUBJECTED TO POLYGRAPH TESTING

According to the Constitution, the inviolability of a person's private life along with his/her security in Ukraine are the highest social values. This approach is consistent with existing international and European standards in the field of recognition and protection of fundamental human rights, which, in turn, embody respect for human dignity. Achievements of scientific and technological progress that have led to the digitalization of pre-trial and court proceedings, including through the use of a computer technical device — a polygraph to detect lies on the part of such interested participants in criminal proceedings as the suspect, accused, victim, etc. Information obtained from such persons as a result of polygraph testing is confidential, as it contains information that indicates interference in the private life of a person. Analysis of the materials of investigative and judicial practice gives grounds to conclude that there are non-uniform approaches to the assessment of information obtained as a result of the use of the polygraph. The article discusses some issues of ensuring the right to privacy of a person subjected to polygraph testing. It is noted that the desire for the reliability of evidence in criminal proceedings has led to the use of technical means in pre-trial and trial proceedings as a means of detecting lies on the part of interested participants in criminal proceedings. We are talking about a computer-technical device — a polygraph, which, according to a special method of influencing the psychophysiological state of a person (breathing, blood pressure, brain bio currents, etc.) in the form of certain psychological stimulus of an informational nature, registers the corresponding reactions of a person. In the future, the information is converted from analog signals to digital ones, and a polygraph examiner deciphers the results of the person's interview and presents them for the needs of practical activities.