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Legislative Framework

Surveillance
versus the law

Point 01

Code of Criminal Procedure
(Act No. 141/1961 Coll.)

§ 88: Sets out the conditions for ordering an interception (suspicion of a particularly serious crime), the requirement for a written judicial order, and the maximum duration (4 months, extendable).

§ 88a: Relates to so-called traffic and location data (who called whom, when and where) — not the content of the call itself.

§ 158d: Governs, among other things, the making of audio, visual or other recordings in the course of covert investigative activities.

Point 02

Czech Intelligence Services
(Act No. 153/1994 Coll.)

This Act governs the use of intelligence technology by the BIS, VZ and ÚZSI agencies.

§ 9 et seq.: Define the precise conditions and circumstances under which intelligence technology may be deployed.

§ 10: Establishes the strict requirement that the use of interception is subject to prior authorisation by the presiding judge of the High Court Senate.

Point 03

Acts Governing Individual Services

Police of the Czech Republic Act (No. 273/2008 Coll.): § 60 and related provisions govern the use of technical means within the scope of police powers.

Specific acts: The Act on the Security Information Service (No. 154/1994 Coll.) and the Act on Military Intelligence (No. 289/2005 Coll.) set out detailed procedures for those respective agencies.

Point 04

Electronic Communications
(Act No. 127/2005 Coll.)

§ 97 (State Security): Obliges operators (T-Mobile, O2, Vodafone, etc.) to establish and maintain, at their own cost, an interface for connecting interception equipment.

Operators are also required to retain traffic and location data for the needs of authorised authorities.

Point 05 | Constitutional Protection

Charter of Fundamental Rights and Freedoms

Article 13: Guarantees the secrecy of letters and other documents and records, with any interference with this right permissible only in cases and by means provided for by law.