Tsjechische Constitutionele Hof verklaart bewaarplicht ongrondwettig

Na Duitsland, Roemenië, Bulgarije en Cyprus verklaard ook het Tsjechische Constitutionele Hof de implementatie van de Europese richtlijn bewaarplicht telecomgegevens ongrondwettig. 

EDRi schrijft in een persbericht op haar website:

The Court declared the respective section of the Electronic Communications Act and its implementing legislation unconstitutional and repealed it as of today. According to the Court statement, ambiguous definition of data retention rules results in a situation where such “measures as to request and use retained data are being overused by authorities engaged in criminal proceedings for purposes related to investigation of common, i.e. less serious crimes”.

“The Constitutional Court also regards e.g. certain provisions of the Criminal Act concerning the use of such data by authorities engaged in criminal proceeding as highly questionable and it called on MPs to consider its modification,” adds IuRe expert Petr Kučera.

According to the Court, it will be necessary to consider each individual case in which data have already been requested in order to be used in criminal proceedings one by one – with respect to the principle of proportionality regarding privacy rights infringement. “This decision also implies that electronic communication providers are no longer obliged by any law to retain such data for the use of entitled authorities – as was previously the case according to the repealed provisions; the respective databases should be deleted,” explains IuRe legal expert Jan Vobořil.