Mandatory Data Retention in the Czech Republic

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Mandatory Data Retention in the Czech Republic

There is no mandatory data retention law in the Czech Republic. However, being an EU member state the mandatory data retention laws in the European Union are implemented in the Czech Republic too. The laws implemented has a prime objective to help the state and police in the investigation and combating criminal and terrorist activities. Although these directives were regarded as archetypal still they violate the basic human rights of privacy and protection.

What’s the Law all about?

The Czech Republic follows the DRD implemented by the European Union. The DRD directives in the European Union was implemented back in 2006. Under these directives, all the internet service providers (ISPs) and telecom companies were forced to preserve user’s data for a term of at least six months to two years.

The DRD’s compels the network providers to obtain and preserve the user’s personal information and data. The information such as subscriber/ user’s call history, IP address, records of device location and other traffic data.

In the Czech Republic, all operating ISPs and telecommunication service providers were required to keep records with whom the user communicates through calls, emails, and messages, duration of phone calls, SMS, and emails along with user’s device location.

How the Czech Republic Reacted to the DRD?

In March 2011, the Constitutional Court of Czech Republic declared the DRD implemented by the European Union as unconstitutional. This initiative was taken after a complaint by the Iuridicum Remdium (IuRe) was filled which was supported by 52 lawmakers. The court annulled the responsibilities of different ISPs and telecom services within the country from stop retaining the user’s data and obtaining information about the traffic data which were at times made available to police and other law enforcement agencies. The Court also made it clear that the data given to police can only be used for other purposes like billing.

The Constitutional Court in 2011 cancelled the term of the Criminal Procedure Code, which would have given the law enforcement agencies the right to get access to retained data by different service providers. The Court concluded that retained data such as the traffic data and communication data both are violating the rights of citizens and this needs to be protected.

Initiative Taken by the Chamber Deputies of the Czech Parliament:

The Chamber of Deputies of the Czech Republic is talking about the amendment in the Electronic Communication Act. The amendment peruses to reestablish the responsibilities of the service providers to preserve data in order to enforce the European Union DRD. The data retained can also be used by the police outside criminal proceedings such as data requested for wanted and missing persons. However, many activists are impelling to reject this proposal and form much firm rules on the use of data and counter laws which compels service providers to store data for police and other law enforcement agencies.

Conclusion:

The Constitutional Court of Czech played a vital role in protecting and safeguarding the rights of citizens. Both of the verdicts by the Court ensured privacy protection and prevents the government from accessing to citizen’s data. Moreover, the Court also informed the individuals about the use of this information.

If you want to know more about DRD in the Czech Republic you can follow this link.
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