Review of Interception and Recording of Telecommunications Traffic
1. Generally
Interception and recording of telecommunications traffic, as well as obtaining data on telecommunications traffic (wiretapping), are measures used to secure persons and objects in criminal proceedings.
An order for their execution may be issued by a court through a written and reasoned order, provided that criminal proceedings are conducted for a particularly serious crime or another intentional criminal offence that is subject to prosecution under an international treaty, if there is a reasonable presumption that significant facts relevant to the criminal proceedings will be communicated via telecommunications traffic.
At the Supreme Court, applications for a review of the order to intercept and record telecommunications traffic or an order to obtain data on telecommunications traffic are dealt with under the Pzo agenda.
2. When and Who May File an Application for a Review of the Order to Intercept and Record Telecommunications Traffic or the Order to Obtain Data on Telecommunications Traffic
An application for a review of the order to intercept and record telecommunications traffic or the order to obtain data on telecommunications traffic may be filed by the user of the intercepted device. However, this is conditioned upon the fact that the matter must have already been finally concluded.
3. Time Limit for Filing an Application
The time limit for filing an application for a review of the legality of the order to intercept and record telecommunications traffic or the order to obtain data on telecommunications traffic is 6 months from the time the person was informed that the interception of their telecommunications device had been ordered, or that the order to obtain data on telecommunications traffic had been issued.
4. Proceedings on the Application for Review of the Order to Intercept and Record Telecommunications Traffic or the Order to Obtain Data on Telecommunications Traffic
After the application for a review of the order to intercept and record telecommunications traffic or the order to obtain data on telecommunications traffic is filed, the Supreme Court first examines whether the application was filed by an entitled person and whether it was filed within the prescribed time limit.
If this is the case, the Supreme Court reviews the legality of the order to intercept and record telecommunications traffic or the order to obtain data on telecommunications traffic and evaluates whether the order was issued in accordance with the law and whether the right to privacy and data protection was not violated.
5. Decision on the Application for Review of the Order to Intercept and Record Telecommunications Traffic or the Order to Obtain Data on Telecommunications Traffic
The Supreme Court issues a decision declaring either that the order was issued in accordance with the law or that the order was issued in violation of the law.
The decision of the Supreme Court does not directly affect the concluded criminal proceedings; however, a finding of the illegality of the order may serve as grounds for filing a complaint on the violation of the law as an extraordinary remedial measure, or it may be used in proceedings before the Constitutional Court.
No remedial measure is admissible against this decision.
Relevant Legislation:
- Act No 141/1961 Coll., the Code of Criminal Procedure, as amended
- Constitutional Act No 1/1993 Coll., Constitution of the Czech Republic, as amended
- Resolution No 2/1993 Coll., on the Declaration of the CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS as a Part of the Constitutional Order of the Czech Republic, as amended
- Act No 6/2002 Coll., on Courts, Judges, Lay Judges and State Administration of Courts and on the Amendment of Certain Other Acts (Act on Courts and Judges), as amended
- Act No 127/2005 Coll., on Electronic Communications, as amended
- Act No 273/2008 Coll., on the Police of the Czech Republic, as amended