The subject of the article are the issues concerning the use of evidence under Article 168b of Code of Criminal Procedure in context of the limitations of interference with the right to privacy. It contains the deliberations concerning constitutional basis of the limitation of the civil rights in the aspect of the telephone tapping. It is suggested that the regulation of Article 168b of Code of Criminal Procedure might be considered as violating the constitutional civil rights in the field of using the evidence obtained due to the telephone tapping.