Violation of Secrecy of Letters (Secrecy of Correspondence) by Courts of Justice

Abstract

When recent constitutional theories discuss secrecy of correspondence, most of the subjects are limited to digital data communication. In those theories, the violators of the secrecy of correspondence are mostly limited to private actors, and there is little concern about the infringement by courts. In this paper, I will focus on bankrupt persons and adult wards as victims of cases in which courts of law violate the secrecy of paper-based correspondence (letters).