in the request. The rule establishes the minimum contents of the decision, which
must include, for example, the duration and purposes of the measures.
A judicial authorization will not be necessary when the individual under investigation gives consent and in cases of urgency (Art. 588e c.3 and 4 CPA).
In addition, in its Art. 588f, the law provides for the possibility that the competent
judge authorizes the use of identification data and codes, as well as the installation of
software that makes it possible to carry out a remote and online analysis of the
contents of a computer, electronic device, computing system, device for the massive
storage of digital data or database without the knowledge of its owner or user,
provided that it is pursuant to the investigation of one of the following crimes:
(a) crimes committed within criminal organizations; (b) terrorist offences; (c) crimes
against minors or individuals with their capacities modified by a court order;
(d) crimes against the Constitution, treasonable offences or offences against national
defence; (e) offences committed through computing devices or any other information and communications technology or communications service. After mentioning
the questions that must be specified in the court’s decision that authorizes the
register, the law specifies that this measure shall have a maximum duration of
1 month, renewable in 1-month periods up to a maximum of 3 months.
2.3.2 Interception of Communication Data
The interception of communications is mentioned in Art. 40 GTA and Art. 83-101 of
Royal Decree 424/2005.The only interceptions that the subjects who are required to
carry them out are obliged to perform are provided for in CPA, OL 2/2002 and other
regulations having the force of organic laws.
According to Art. 588c a) of the CPA, the authorization for the interception of
telephonic and online communications may only be granted when the investigation
has to do with: (1) intentional crimes carrying a punishment of no more than 3 years
of imprisonment; (2) crimes committed within criminal groups or organizations;
(3) terrorist offences; (4) offences committed through computing devices or any
other information and communications technology or communications service.
The communication devices or terminals under investigation must be those
generally used by the person under investigation, but those belonging to or used
by the victim may also be intercepted if their life or integrity could be at serious risk
[Art. 588c b) CPA].
The interception granted by a judge may authorize access to the contents of the
communications and the electronic data related to the traffic or associated to the
communication process, as well as to the data that are independent from the
establishment of a specific communication, in which the subject under investigation
participates (either as sender or as receiver), and it may involve the communication
devices or terminals owned or used by the person under investigation [Art. 588c
b) CPA].
The judge may even grant the interception of communications issued from online
communication devices or terminals belonging to a third party if it is established that
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387
must include, for example, the duration and purposes of the measures.
A judicial authorization will not be necessary when the individual under investigation gives consent and in cases of urgency (Art. 588e c.3 and 4 CPA).
In addition, in its Art. 588f, the law provides for the possibility that the competent
judge authorizes the use of identification data and codes, as well as the installation of
software that makes it possible to carry out a remote and online analysis of the
contents of a computer, electronic device, computing system, device for the massive
storage of digital data or database without the knowledge of its owner or user,
provided that it is pursuant to the investigation of one of the following crimes:
(a) crimes committed within criminal organizations; (b) terrorist offences; (c) crimes
against minors or individuals with their capacities modified by a court order;
(d) crimes against the Constitution, treasonable offences or offences against national
defence; (e) offences committed through computing devices or any other information and communications technology or communications service. After mentioning
the questions that must be specified in the court’s decision that authorizes the
register, the law specifies that this measure shall have a maximum duration of
1 month, renewable in 1-month periods up to a maximum of 3 months.
2.3.2 Interception of Communication Data
The interception of communications is mentioned in Art. 40 GTA and Art. 83-101 of
Royal Decree 424/2005.The only interceptions that the subjects who are required to
carry them out are obliged to perform are provided for in CPA, OL 2/2002 and other
regulations having the force of organic laws.
According to Art. 588c a) of the CPA, the authorization for the interception of
telephonic and online communications may only be granted when the investigation
has to do with: (1) intentional crimes carrying a punishment of no more than 3 years
of imprisonment; (2) crimes committed within criminal groups or organizations;
(3) terrorist offences; (4) offences committed through computing devices or any
other information and communications technology or communications service.
The communication devices or terminals under investigation must be those
generally used by the person under investigation, but those belonging to or used
by the victim may also be intercepted if their life or integrity could be at serious risk
[Art. 588c b) CPA].
The interception granted by a judge may authorize access to the contents of the
communications and the electronic data related to the traffic or associated to the
communication process, as well as to the data that are independent from the
establishment of a specific communication, in which the subject under investigation
participates (either as sender or as receiver), and it may involve the communication
devices or terminals owned or used by the person under investigation [Art. 588c
b) CPA].
The judge may even grant the interception of communications issued from online
communication devices or terminals belonging to a third party if it is established that
Data Protection in the Internet: National Report Spain
387