Interception of Electronic Communications in the Czech Republic and Slovakia
Interception of Electronic Communications in the Czech Republic and Slovakia
Author(s): Jakub Míšek, Radim Polčák, Václav Stupka, Pavel Loutocký, Tomáš Abelovský
Subject(s): Politics / Political Sciences, Politics, Social Sciences, Economy, Law, Constitution, Jurisprudence, Criminal Law, Political Sciences, Sociology, Government/Political systems, Security and defense, Comparative politics, Evaluation research, ICT Information and Communications Technologies
Published by: Masarykova univerzita nakladatelství
Keywords: Security architecture; interception of telecommunication; powers for accessing telecommunication data; data traffic;
Summary/Abstract: One of the most important forming factors of the distribution of public powers in the Czech Republic is its totalitarian history. There is a strong sense of distrust towards official institutions in the general public. It is probably due to this fact, that the procedures and powers of public bodies and agencies are set very rigidly. The principle of legality is set in Art. 2 para. 3 of the Czech Constitution (Act No. 1/1993 Sb. Constitution of the Czech Republic), which states that “State authority is to serve all citizens and may be asserted only in cases, within the bounds, and in the manner provided forby law” and in Art. 2 para. 2 of the Charter of Fundamental Rights and Freedoms (the Resolution of the Presidium of the Czech National Council of 16 December 1992 on the declaration of the Charter of Fundamental Rights and Freedoms as a part of the constitutional order of the Czech Republic No. 2/1993 Sb.), which states that “State authority may be asserted only in cases and within the bounds provided for by law and only in the manner prescribed by law”. Since all the public authorities authorized to intercept telecommunication fall within the scope of these articles, they are permitted to act only within the framework of what is expressly allowed for them by law.
- E-ISBN-13: 978-80-210-8684-5
- Page Count: 244
- Publication Year: 2016
- Language: English
Security Architecture and the Interception of Telecommunication
Security Architecture and the Interception of Telecommunication
(Security Architecture and the Interception of Telecommunication)
- Author(s):Jakub Míšek
- Language:English
- Subject(s):Criminal Law, Government/Political systems, Security and defense, ICT Information and Communications Technologies
- Page Range:11-30
- No. of Pages:20
- Keywords:National security architecture; Telecommunications; Criminal procedure;
- Summary/Abstract:One of the most important forming factors of the distribution of public powers in the Czech Republic is its totalitarian history. There is a strong sense of distrust towards official institutions in the general public. It is probably due to this fact, that the procedures and powers of public bodies and agencies are set very rigidly.
Constitutional and Statutory Safeguards of Telecommunications
Constitutional and Statutory Safeguards of Telecommunications
(Constitutional and Statutory Safeguards of Telecommunications)
- Author(s):Radim Polčák
- Language:English
- Subject(s):Constitutional Law, Government/Political systems, Security and defense, ICT Information and Communications Technologies
- Page Range:31-56
- No. of Pages:26
- Keywords:Constitutional law; Telecommunications; access to data;
- Summary/Abstract:Apart from the constitution itself, the Czech Republic also has other documents that together form the Czech constitutional black-letter law: these are the constitutional laws and the Charter of Fundamental Rights and Freedoms. Together, these documents form the Czech Consitutional Order (Ustavni poradek). Basic safeguards for the protection of fundamental rights are laid down in the Charter of Fundamental Rights and Freedoms, which lists all of them and provides brief explanations.
Powers for Accessing Telecommunication Data
Powers for Accessing Telecommunication Data
(Powers for Accessing Telecommunication Data)
- Author(s):Václav Stupka
- Language:English
- Subject(s):Criminal Law, Security and defense, ICT Information and Communications Technologies
- Page Range:57-64
- No. of Pages:8
- Keywords:Telecommunication data; criminal investigations;
- Summary/Abstract:The key regulation the interception of electronic communication and other methods for accessing electronic communications data for the purpose of criminal investigations, is contained within the Code of Criminal Procedure. There are two specific provisions of the Code of Criminal Procedure that allow law enforcement authorities to intercept electronic communication and to access electronic communications data for the purpose of criminal investigations – sections 88 and 88a.
Interception of Content Data
Interception of Content Data
(Interception of Content Data)
- Author(s):Václav Stupka
- Language:English
- Subject(s):Criminal Law, Government/Political systems, Security and defense, ICT Information and Communications Technologies
- Page Range:65-82
- No. of Pages:18
- Keywords:Content data; interception of data; Criminal Procedure Code; interception orders;
- Summary/Abstract:Like in most modern countries, the Czech law contains one key provision in the criminal procedure law, that deals with interception of the content of communication in transmission – Section 88 of the Criminal Procedure Code.
Collection and Use of Traffic and Subscriber Data
Collection and Use of Traffic and Subscriber Data
(Collection and Use of Traffic and Subscriber Data)
- Author(s):Václav Stupka
- Language:English
- Subject(s):Criminal Law, Security and defense, ICT Information and Communications Technologies
- Page Range:83-88
- No. of Pages:6
- Keywords:Traffic data; Collection and Use of data; Subscriber data; Code of Criminal Procedure;
- Summary/Abstract:The most important provision relevant to the collection of traffic and subscriber data is Section 88a of the Code of Criminal Procedure. Additionally, traffic data not protected by the telecommunications secrecy or by the protection of personal and intermediation data may be requested following the procedure stipulated in Section 66 paragraph 3 of the ActNo. 273/2008 Sb. on the Police of the Czech Republic.
Access to (Temporarily) Stored Communication Data
Access to (Temporarily) Stored Communication Data
(Access to (Temporarily) Stored Communication Data)
- Author(s):Václav Stupka
- Language:English
- Subject(s):Criminal Law, Security and defense, ICT Information and Communications Technologies
- Page Range:89-92
- No. of Pages:4
- Keywords:Stored Communication Data; Code of Criminal Procedure data; Remote forensic software;
- Summary/Abstract:There is no specific provision that allows law enforcement authorities to access stored communications data, which is why they follow the procedures defined in more general provisions. In the past the fact that regional police units work rather independently led to situations, when different investigators and public prosecutors followed different general provisions for accessing stored data.
Use of Electronic Communication Data in Judicial Proceedings
Use of Electronic Communication Data in Judicial Proceedings
(Use of Electronic Communication Data in Judicial Proceedings)
- Author(s):Pavel Loutocký
- Language:English
- Subject(s):Criminal Law, Security and defense, ICT Information and Communications Technologies
- Page Range:93-106
- No. of Pages:14
- Keywords:Electronic Communication Data; Judicial Proceedings; Code of Criminal Procedure; intercepted communication;
- Summary/Abstract:The Code of Criminal Procedure does not specifically regulate the situation of intercepted electronic communications data in criminal proceedings; thus it is necessary to follow general rules on the interception and recording of telecommunications under Section 88 of the Code of Criminal Procedure. This section does not make any difference between various forms of intercepted communication.
Differential Comparative Note: Slovakia
Differential Comparative Note: Slovakia
(Differential Comparative Note: Slovakia)
- Author(s):Tomáš Abelovský
- Language:English
- Subject(s):Constitutional Law, Criminal Law, Security and defense, Comparative politics, ICT Information and Communications Technologies
- Page Range:107-158
- No. of Pages:52
- Keywords:National Security Architecture; Interception of telecommunication; Slovak Republic; Slovakia; Constitution Law; Code of Criminal Procedure;
- Summary/Abstract:It can be said that Slovak Republic legislators have been inspired in many situations by the Czech legal setting. To define the constitutional limits of interception, we have to look at the Slovak Constitution (Act No. 460/1992 Zb. Constitution of the Slovak Republic). It states in Article 2, Paragraph 3 that state bodies can act only on the basis of the Constitution, within its limits, and to the extent and in a manner defined by law. Pursuant to Article 19, everybody has the right to protection against unjustified interference with his or her private and family life and against the unjustified collection, publication, or other misuse of personal data.
Bibliography
Bibliography
(Bibliography)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Bibliography
- Page Range:159-166
- No. of Pages:8
- Keywords:Bibliography;
Appendix: Collection of Relevant Legal Provisions
Appendix: Collection of Relevant Legal Provisions
(Appendix: Collection of Relevant Legal Provisions)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Constitutional Law, Criminal Law, ICT Information and Communications Technologies
- Page Range:167-241
- No. of Pages:75
- Keywords:Legal provisions; Constitution Law; Criminal Law; Czech Republic; Telecommunications data;