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Deutsch: Tschechien: Neuer Anlauf zur Wiedereinführung der Vorratsdatenspeiche...
For over a year now, Czech operators have not generally retained data on electronic communication for the needs of police – data police considered crucial in the investigation of crime. Yet, every year, there has been an increase in the number of solved crimes. Guardians of privacy are therefore convinced there is no need to monitor private electronic communications. However, the Chamber of Deputies of the Parliament of the Czech Republic discusses the reintroduction of data retention.
In March 2011, the Constitutional Court of the Czech Republic decided to cancel the obligation of operators to retain traffic and localisation data on the electronic communications of all the citizens for the needs of the police and other authorized bodies, following a complaint filed by the civic association EDRi-member Iuridicum Remedium (IuRe) and supported by 52 deputies. The police can currently use only data kept for other purposes, such as billing.
"Prior to the decision of the Constitutional Court, we were true European 'champions' in the number of police requests for such data. In the first three months of 2011 only, just prior to the decision of the Constitutional Court, the police requested this information in criminal proceedings in a total of 29 661 cases. Some of these requests were multiple, addressing for example all three mobile phone operators. So that a total of 61 698 responses with data files were provided," says Jan Voboril, lawyer with IuRe. He also adds that in the first three months of 2012, only 2 240 requests were filled and only 2980 responses provided – which adds up to more than ten times less requests and twenty times less responses. IuRe requested this data from the Special Tasks Department of the Police of the Czech Republic.
"It is interesting that such a large drop in the number of requests had virtually no effect on the detection of crime. According to the police statistics for 2010, a year when operators kept the data and it was widely used by the police, and for 2011, when, following the decision of the Constitutional Court, there was limited data retention for the most part of the year, with a substantial drop in the number of requests for information, the Czech Republic saw an increase in crime the detection rate from 37,55% to 38,54 %. Therefore statistics do contradict what the police says: the Police insists that data retention is more or less an essential tool and limiting data retention has a major impact on police work. "It is obvious that the police still has sufficient tools for the investigation of crimes apart from global data retention related to the communications of all citizens," explains Voboril.
Currently, the Chamber of Deputies of the Parliament of the Czech Republic discusses a draft document for the amendment of the Act on Electronic Communications aimed to reintroduce the obligation of operators to retain data in order to implement the European directive. IuRe sent its comments on this questionable proposal to the Members of the Parliament.
In some areas, such as the right of the police to request these data for purposes related to searching for wanted and missing persons outside the scope of criminal proceedings, there is a lack of protection against abuse. "The police is aware of this as well, as confirmed to us by representatives of the Special Tasks Department who also said they sought to change these authorisations which can be misused. However the Ministry of Interior is blocking the solution to this problem," says Voboril.
"We would see the best solution in declining the current proposal or passing only stricter rules for the use of these data and simultaneously declining the obligation of operators to retain data for the needs of the police and other authorities. Europe currently expects a decision of the European Court of Justice assessing the acceptability of global data retention as required by the Directive in respect of its compatibility with fundamental right to privacy. At the same time, the Directive is being revised by the European Commission. In Germany, where the Constitutional Court annulled these legal provisions in 2010, it seems that the Directive will not be implemented at all, despite the threat of sanctions – given its massive impact on citizens' rights and with reference to the unconstitutionality of it. We hope that our legislators will find the courage and common sense to reject this useless tool with great impact on our privacy," concluded Voboril.
(Thanks to EDRi-member Iuridicum Remedium – Czech Republic)