conducted for adequate criminal offence and whether there is enough information
about the case to properly determine which data are to be obtained. The prosecutor
should mention these facts in the application that should also indicate the scope of
required data and proper justification. Finished application is then forwarded to the
judge, who issues an order to request traffic data. The order usually contains
generally the same information as the application. The order is then forwarded to
the public prosecutor.
56
5 Data Protection and Electronic Surveillance for Security
and Defence Purposes
General legal framework for processing of personal data for security and defence
purposes will be laid down by the draft Personal Data Processing Act. The third
substantive part of the act is dedicated to data protection in areas outside the scope of
the EU law like intelligence, defence or security and provides for mutatis mutandis
application of regulatory principles of the GDPR.
5.1 Surveillance by Intelligence Services
There are three intelligence services in the Czech Republic that are strictly separated:
The Office for Foreign Relations and Information (foreign intelligence service), the
Security Information Service (interior counter-intelligence service) and the Military
Intelligence. Lex generalis covering these services is Act No. 153/1994 Sb. on
intelligence services of the Czech Republic; the special acts are Act No. 154/1994
Sb. on the Security Information Service and Act No. 289/2005 on Military Intelligence. Rules for communication interception conducted by intelligence services are
included in these acts. A very specific case is the National Security Authority, which
is responsible for personnel and facility security clearance procedures. Section 107,
subsection 3 of the act No. 412/2005 Sb. on the protection of secret information and
security gives National Security Agency a power to ask an intelligence service to
carry out an examination of possible security risks in the candidate’s surroundings
for clearance purposes. This examination may include surveillance and interception
of communications.
The conditions which are needed to be fulfilled by an intelligence service in order
to legally carry out interception of electronic communication are much less strict
than in the case of interception for criminal purposes. Acts No. 154/1994 Sb. on the
Security Information Service and No. 289/2005 on Military Intelligence are
56 The problematic of data retention and use of traffic and location data is in detail elaborated in
Interception of electronic communications in the Polčák et al. (2016), pp. 83–88.
148
R. Polčák et al.
about the case to properly determine which data are to be obtained. The prosecutor
should mention these facts in the application that should also indicate the scope of
required data and proper justification. Finished application is then forwarded to the
judge, who issues an order to request traffic data. The order usually contains
generally the same information as the application. The order is then forwarded to
the public prosecutor.
56
5 Data Protection and Electronic Surveillance for Security
and Defence Purposes
General legal framework for processing of personal data for security and defence
purposes will be laid down by the draft Personal Data Processing Act. The third
substantive part of the act is dedicated to data protection in areas outside the scope of
the EU law like intelligence, defence or security and provides for mutatis mutandis
application of regulatory principles of the GDPR.
5.1 Surveillance by Intelligence Services
There are three intelligence services in the Czech Republic that are strictly separated:
The Office for Foreign Relations and Information (foreign intelligence service), the
Security Information Service (interior counter-intelligence service) and the Military
Intelligence. Lex generalis covering these services is Act No. 153/1994 Sb. on
intelligence services of the Czech Republic; the special acts are Act No. 154/1994
Sb. on the Security Information Service and Act No. 289/2005 on Military Intelligence. Rules for communication interception conducted by intelligence services are
included in these acts. A very specific case is the National Security Authority, which
is responsible for personnel and facility security clearance procedures. Section 107,
subsection 3 of the act No. 412/2005 Sb. on the protection of secret information and
security gives National Security Agency a power to ask an intelligence service to
carry out an examination of possible security risks in the candidate’s surroundings
for clearance purposes. This examination may include surveillance and interception
of communications.
The conditions which are needed to be fulfilled by an intelligence service in order
to legally carry out interception of electronic communication are much less strict
than in the case of interception for criminal purposes. Acts No. 154/1994 Sb. on the
Security Information Service and No. 289/2005 on Military Intelligence are
56 The problematic of data retention and use of traffic and location data is in detail elaborated in
Interception of electronic communications in the Polčák et al. (2016), pp. 83–88.
148
R. Polčák et al.