prosecutor should control that originals of the telecommunication interception are
being kept outside of the prosecution file. Only parts of the communication that are
relevant as evidence should be present in the file.
4.2 Data Retention
A legal regulation of collection and storage of location and traffic metadata for
further criminal investigation and other uses is present both in the Act on Electronic
Communications, where is set a duty for electronic communication service providers
to store the data and to provide the data to the Police or other LEA, as well as in the
Code of Criminal Procedure, where is enacted the power of LEA to request such
data. The full-scale data retention framework was introduced in 2005 as a part of the
act No. 127/2005 Sb., on electronic communications. Subsequently, the old wording
was abolished by the Constitutional court
53 and consequently re-enacted in a
constitution conformal way.
54 Recent Section 97 para. 3 of the Act on Electronic
Communications states that electronic communication service providers have to
retain for 6 months traffic and location data which are created or processed during
the operation of their public communications networks and during the provision of
their publicly available electronic communications services. Section 97 subsection
4 of the Act on Electronic Communications defines traffic and location data as
follows:
The traffic and location data pursuant to Subsection 3 above are primarily data leading to the
tracing and identification of the source and address of the communication, and also data
leading to the identification of the date, time, method and duration of the communication.
More detailed list of categories of data that are to be retained is in section 3 of the
decree no. 357/2012 Sb., on storing, handing over and liquidation of traffic and
location data, which is not available in English.
After 6 months, the data must be deleted, unless a special act states otherwise.
Data relating to an unsuccessful call attempts do not need to be stored, unless these
data are created or processed and at the same time stored or recorded. Furthermore,
electronic communication service providers must make sure that any content data are
not stored as well.
The same provision gives a list of public authorities which can request access to
such data. It reads as follows:
• criminal law enforcement authorities for the purposes of and under the conditions laid
down in special legal regulation,
53 Decision of the Constitutional Court No. Pl. ÚS 24/10, 94/2011 Sb., N 52/60 SbNU 625. English
translation available at http://www.usoud.cz/en/decisions/?tx_ttnews%5Btt_news%5D¼40&
cHash¼c574142df486769e0b435954fead08c3.
54 See Myška (2013), pp. 267–285.
146
R. Polčák et al.
being kept outside of the prosecution file. Only parts of the communication that are
relevant as evidence should be present in the file.
4.2 Data Retention
A legal regulation of collection and storage of location and traffic metadata for
further criminal investigation and other uses is present both in the Act on Electronic
Communications, where is set a duty for electronic communication service providers
to store the data and to provide the data to the Police or other LEA, as well as in the
Code of Criminal Procedure, where is enacted the power of LEA to request such
data. The full-scale data retention framework was introduced in 2005 as a part of the
act No. 127/2005 Sb., on electronic communications. Subsequently, the old wording
was abolished by the Constitutional court
53 and consequently re-enacted in a
constitution conformal way.
54 Recent Section 97 para. 3 of the Act on Electronic
Communications states that electronic communication service providers have to
retain for 6 months traffic and location data which are created or processed during
the operation of their public communications networks and during the provision of
their publicly available electronic communications services. Section 97 subsection
4 of the Act on Electronic Communications defines traffic and location data as
follows:
The traffic and location data pursuant to Subsection 3 above are primarily data leading to the
tracing and identification of the source and address of the communication, and also data
leading to the identification of the date, time, method and duration of the communication.
More detailed list of categories of data that are to be retained is in section 3 of the
decree no. 357/2012 Sb., on storing, handing over and liquidation of traffic and
location data, which is not available in English.
After 6 months, the data must be deleted, unless a special act states otherwise.
Data relating to an unsuccessful call attempts do not need to be stored, unless these
data are created or processed and at the same time stored or recorded. Furthermore,
electronic communication service providers must make sure that any content data are
not stored as well.
The same provision gives a list of public authorities which can request access to
such data. It reads as follows:
• criminal law enforcement authorities for the purposes of and under the conditions laid
down in special legal regulation,
53 Decision of the Constitutional Court No. Pl. ÚS 24/10, 94/2011 Sb., N 52/60 SbNU 625. English
translation available at http://www.usoud.cz/en/decisions/?tx_ttnews%5Btt_news%5D¼40&
cHash¼c574142df486769e0b435954fead08c3.
54 See Myška (2013), pp. 267–285.
146
R. Polčák et al.