decided differently from the original decision, despite the fact that the main grounds
for this deviation are not to be found in dismissal of the above stated conclusion, but
rather in the procedural aspect of the insufficient depth of the analysis of the case
carried out by the Romanian courts. In consequence, the question of permissibility of
the information as evidence in disciplinary proceedings is currently not conclusively
clarified.
2.3 Personal Data Conveyed and Stored Through Electronic
Means
Sections 88–89 of the Electronic Communications Act lay down a general duty of
providers of electronic communications to secure confidentiality of the electronic
communications, including cases when personal data is conveyed.
12 However, there
are no specific obligations for the confidentiality of messages containing personal
data, which would differ from the messages, which do not contain personal data.
13
This can be seen as understandable, given the prohibition of general obligation to
monitor content set down by Article 15 of the Directive 2000/31/EC on certain legal
aspects of information society services, in particular electronic commerce, in the
Internal Market (eCommerce Directive) and implemented through Section 6 of the
Act No. 480/2004 Sb., on Certain Information Society Services. This section reads
as follows:
The providers of services listed in Sections 3 to 5 are not obliged
a) to monitor the content of information they convey or store,
b) actively seek facts and circumstances indicating illegal content of the information.
From this follows that the provider is not obliged to be aware, if the content
constitutes personal data, and shall not be legally bound to monitor for such quality
of the content. Specific obligations related to this type of content would therefore
contradict this framework of ISP liability.
14
The Electronic Communications Act further contains obligation in Section 88
subsection 1, lit. c) for the undertaking providing publicly available electronic
communications service to inform the subscribers concerned about the specific
risk of the disturbance of network security in relation to data protection.
15 This
provision is described in greater detail in the following chapter on Data protection in
the electronic communications sector.
Apart from the above described, the Czech legal system currently does not
contain any specific legislation or implemented self-regulation instruments on
12 See in Czech: Chudomelová et al. (2016), pp. 290–298.
13 See in Czech: Polčák et al. (2018), pp. 524–528.
14 See in Czech: Maisner (2016), pp. 99–137.
15 See in Czech: Chudomelová et al. (2016), pp. 290–293.
National Report: Czech Republic
127
for this deviation are not to be found in dismissal of the above stated conclusion, but
rather in the procedural aspect of the insufficient depth of the analysis of the case
carried out by the Romanian courts. In consequence, the question of permissibility of
the information as evidence in disciplinary proceedings is currently not conclusively
clarified.
2.3 Personal Data Conveyed and Stored Through Electronic
Means
Sections 88–89 of the Electronic Communications Act lay down a general duty of
providers of electronic communications to secure confidentiality of the electronic
communications, including cases when personal data is conveyed.
12 However, there
are no specific obligations for the confidentiality of messages containing personal
data, which would differ from the messages, which do not contain personal data.
13
This can be seen as understandable, given the prohibition of general obligation to
monitor content set down by Article 15 of the Directive 2000/31/EC on certain legal
aspects of information society services, in particular electronic commerce, in the
Internal Market (eCommerce Directive) and implemented through Section 6 of the
Act No. 480/2004 Sb., on Certain Information Society Services. This section reads
as follows:
The providers of services listed in Sections 3 to 5 are not obliged
a) to monitor the content of information they convey or store,
b) actively seek facts and circumstances indicating illegal content of the information.
From this follows that the provider is not obliged to be aware, if the content
constitutes personal data, and shall not be legally bound to monitor for such quality
of the content. Specific obligations related to this type of content would therefore
contradict this framework of ISP liability.
14
The Electronic Communications Act further contains obligation in Section 88
subsection 1, lit. c) for the undertaking providing publicly available electronic
communications service to inform the subscribers concerned about the specific
risk of the disturbance of network security in relation to data protection.
15 This
provision is described in greater detail in the following chapter on Data protection in
the electronic communications sector.
Apart from the above described, the Czech legal system currently does not
contain any specific legislation or implemented self-regulation instruments on
12 See in Czech: Chudomelová et al. (2016), pp. 290–298.
13 See in Czech: Polčák et al. (2018), pp. 524–528.
14 See in Czech: Maisner (2016), pp. 99–137.
15 See in Czech: Chudomelová et al. (2016), pp. 290–293.
National Report: Czech Republic
127