No. 247/2008 Sb., amending the Act No. 127/2005 Sb., on the Electronic Communications and the relevant provision of the Act No. 141/1961 Sb., Criminal Procedural Code. In the decision Pl. ÚS 24/10 (concerning the constitutional validity of
the relevant provision of the Act No. 127/2005 Sb., on the Electronic Communications) and later in the decision Pl. ÚS 24/11 (concerning the constitutional validity of
the relevant provision of the Act No. 141/1961 Sb., Criminal Procedural Code), the
Czech Constitutional Court discussed at length the aspects of constitutional permissibility of data retention and invalidated the respective provisions implementing the
form of data retention based on the Directive 2006/24/EC. The provisions were later
replaced by provisions that took the conditions and requirements expressed in these
judgements into consideration.
3.1 Definition of Entities Subject to Obligations and Core
Terms
Subject to the specific obligations under the Electronic Communications Act is a
legal entity or a natural person, who is an entrepreneur in electronic communications.
Under the object of business in the electronic communications area is understood
either the provision of public communications networks or the provision of electronic communications services (Section 8 Subsection 1 of the Electronic Communications Act).
16 The applicable law also operates with the term “communications
activities” under which are understood: provision of electronic communications
networks; provision of electronic communications services; and operation of apparatus (defined in Section 73 of the Electronic Communications Act).
17 Provision of
public communications network, provision of publicly available electronic communications services and the provision of electronic communications networks for the
purposes of the security of the State are regarded as of public interest.
Pursuant to the definition of the term in Section 2 lit. a) of the Act No. 480/2004
Sb. on Certain Information Society Services; “information society service” means
any service provided through electronic means on individual request of the user
delivered through electronic means, whereas the provision of the service is in
principle remunerated.
18 A service is provided through electronic means, if it is
delivered over the network for electronic communication and received by the user on
an electronic device capable of data storage. The “electronic means”, as used in the
previous definition, are further specified in lit. c) of the same section; as in particular
a network for electronic communication, electronic communication devices, automated call and communication systems, end-user telecommunication devices and
electronic correspondence.
19
16 See in Czech: Vlachová (2016), pp. 28–31.
17 See in Czech: Chudomelová et al. (2016), pp. 240–243.
18 See in Czech: Maisner (2016), pp. 5–9.
19 See in Czech: Maisner (2016), pp. 11–12.
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the relevant provision of the Act No. 127/2005 Sb., on the Electronic Communications) and later in the decision Pl. ÚS 24/11 (concerning the constitutional validity of
the relevant provision of the Act No. 141/1961 Sb., Criminal Procedural Code), the
Czech Constitutional Court discussed at length the aspects of constitutional permissibility of data retention and invalidated the respective provisions implementing the
form of data retention based on the Directive 2006/24/EC. The provisions were later
replaced by provisions that took the conditions and requirements expressed in these
judgements into consideration.
3.1 Definition of Entities Subject to Obligations and Core
Terms
Subject to the specific obligations under the Electronic Communications Act is a
legal entity or a natural person, who is an entrepreneur in electronic communications.
Under the object of business in the electronic communications area is understood
either the provision of public communications networks or the provision of electronic communications services (Section 8 Subsection 1 of the Electronic Communications Act).
16 The applicable law also operates with the term “communications
activities” under which are understood: provision of electronic communications
networks; provision of electronic communications services; and operation of apparatus (defined in Section 73 of the Electronic Communications Act).
17 Provision of
public communications network, provision of publicly available electronic communications services and the provision of electronic communications networks for the
purposes of the security of the State are regarded as of public interest.
Pursuant to the definition of the term in Section 2 lit. a) of the Act No. 480/2004
Sb. on Certain Information Society Services; “information society service” means
any service provided through electronic means on individual request of the user
delivered through electronic means, whereas the provision of the service is in
principle remunerated.
18 A service is provided through electronic means, if it is
delivered over the network for electronic communication and received by the user on
an electronic device capable of data storage. The “electronic means”, as used in the
previous definition, are further specified in lit. c) of the same section; as in particular
a network for electronic communication, electronic communication devices, automated call and communication systems, end-user telecommunication devices and
electronic correspondence.
19
16 See in Czech: Vlachová (2016), pp. 28–31.
17 See in Czech: Chudomelová et al. (2016), pp. 240–243.
18 See in Czech: Maisner (2016), pp. 5–9.
19 See in Czech: Maisner (2016), pp. 11–12.
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129