protection legal framework shall be contained in the upcoming new Czech Personal
Data Processing Act.
Providers of services of electronic communications are at the same time in most
other aspects under the administrative jurisdiction of the Czech Telecommunications
Office.
28 This supervisory body may become involved in the control of the
processing of personal data in the context of electronic communications due to its
supervisory activity on the technical level, e.g. in case of wiretapping, as well as with
regard to the security and integrity of the provided publicly available electronic
communications services and public communications networks.
Data protection in the electronic communications sector is, however, as indicated
above, within the jurisdiction of the data protection authority, the Czech Office for
the Protection of Personal Data. Pursuant to the above described specific legislation
enshrined in the Electronic Communications Act is this supervisory body vested
with additional sanctioning powers for personal data processing in the electronic
communications sector, contained in the following excerpts of the Section 118:
Administrative Offences
Section 118
(14) The undertaking providing public communications networks or publicly available
electronic communications services commits administrative offence if it:
(. . .)
k) endangers the confidentiality of messages and the associated traffic and location data by
breaching an obligation under Section 89 Subsection 1, or Section 91 Subsections 2, 3 or 4;
(. . .)
(15) The undertakings providing public communications networks or publicly available
electronic communications services shall further commit an administrative offence by failing
to fulfil any obligation for securing personal data protection pursuant to Section § 88a
Subsections 1 or 2.
(. . .)
(22) For an administrative offence referred to in Section 118 shall the imposed fine be up to
(. . .)
b) CZK 10,000,000, in cases of administrative offence referred to in Subsection 1 Clause m),
Subsection 2 Clauses c) to e), Subsection 3 Clause a), Subsection 8 Clause d) to m),
Subsection 10 Clauses j) to r), Subsection 12 Clauses f) to o), Subsection 13 Clauses i) to
m), Subsection 14 Clauses k) to ad) or Subsection 15,
(. . .)
The presented specific provision on administrative sanctions with regard to the
personal data processing in the electronic communications sector needs to be,
however, perceived in light of the general supervisory capacity and the respective
28 English website of the Czech Telecommunications Office can be found under https://www.ctu.eu.
136
R. Polčák et al.
Data Processing Act.
Providers of services of electronic communications are at the same time in most
other aspects under the administrative jurisdiction of the Czech Telecommunications
Office.
28 This supervisory body may become involved in the control of the
processing of personal data in the context of electronic communications due to its
supervisory activity on the technical level, e.g. in case of wiretapping, as well as with
regard to the security and integrity of the provided publicly available electronic
communications services and public communications networks.
Data protection in the electronic communications sector is, however, as indicated
above, within the jurisdiction of the data protection authority, the Czech Office for
the Protection of Personal Data. Pursuant to the above described specific legislation
enshrined in the Electronic Communications Act is this supervisory body vested
with additional sanctioning powers for personal data processing in the electronic
communications sector, contained in the following excerpts of the Section 118:
Administrative Offences
Section 118
(14) The undertaking providing public communications networks or publicly available
electronic communications services commits administrative offence if it:
(. . .)
k) endangers the confidentiality of messages and the associated traffic and location data by
breaching an obligation under Section 89 Subsection 1, or Section 91 Subsections 2, 3 or 4;
(. . .)
(15) The undertakings providing public communications networks or publicly available
electronic communications services shall further commit an administrative offence by failing
to fulfil any obligation for securing personal data protection pursuant to Section § 88a
Subsections 1 or 2.
(. . .)
(22) For an administrative offence referred to in Section 118 shall the imposed fine be up to
(. . .)
b) CZK 10,000,000, in cases of administrative offence referred to in Subsection 1 Clause m),
Subsection 2 Clauses c) to e), Subsection 3 Clause a), Subsection 8 Clause d) to m),
Subsection 10 Clauses j) to r), Subsection 12 Clauses f) to o), Subsection 13 Clauses i) to
m), Subsection 14 Clauses k) to ad) or Subsection 15,
(. . .)
The presented specific provision on administrative sanctions with regard to the
personal data processing in the electronic communications sector needs to be,
however, perceived in light of the general supervisory capacity and the respective
28 English website of the Czech Telecommunications Office can be found under https://www.ctu.eu.
136
R. Polčák et al.