Monitoring and Supervision. June 15, Rotterdam 1 MONITORING ELECTRONIC COMMUNICATIONS: PRIVACY ISSUES Prof. Rimantas Petrauskas, [email protected] Assoc

Monitoring and Supervision. June 15, Rotterdam

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MONITORING ELECTRONIC COMMUNICATIONS: PRIVACY

ISSUES

Prof. Rimantas Petrauskas, [email protected]

Assoc. prof. Darius Stitilis, [email protected]

Dr. Irmantas Rotomskis, [email protected]

Mykolas Romeris University, Lithuania


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Control off electronic Control off electronic communicationscommunications for criminal for criminal investigation purposesinvestigation purposes

Discussions in Lithuania about possibility of violations of privacy Discussions in Lithuania about possibility of violations of privacy in electronic communications by investigation institutions; in electronic communications by investigation institutions;

There is possibility for criminal investigation purposes to There is possibility for criminal investigation purposes to interference in the private life in electronic communications, for interference in the private life in electronic communications, for example to record telephone conversation, etc.;example to record telephone conversation, etc.;

Control of electronic communications for criminal investigation Control of electronic communications for criminal investigation purposes may be divided in two groups: purposes may be divided in two groups: 1) control of traffic data and 1) control of traffic data and 2) real-time collection of content and traffic data.2) real-time collection of content and traffic data.


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Control off traffic dataControl off traffic data (I)(I)

Traffic data means any data processed for the purpose of the conveyance of a Traffic data means any data processed for the purpose of the conveyance of a communication on an electronic communication network of for the billing communication on an electronic communication network of for the billing thereofthereof;;

Common principle: monitoring of electronic communications (i.e. control of Common principle: monitoring of electronic communications (i.e. control of traffic data) may be possible only with the permission of a judge (court traffic data) may be possible only with the permission of a judge (court sanction);sanction);

According to our review done, in major foreign states the control of traffic data According to our review done, in major foreign states the control of traffic data shall be authorized by the courtshall be authorized by the court;;

The criminal procedure code of the Republic of Lithuania does not require any The criminal procedure code of the Republic of Lithuania does not require any court sanction for the control of traffic data. However, there is the Constitution of court sanction for the control of traffic data. However, there is the Constitution of the Republic of Lithuania, that requires court sanction in the case of interference the Republic of Lithuania, that requires court sanction in the case of interference in the private life. in the private life.


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Control off traffic dataControl off traffic data (II)(II)

The new directive on retention of traffic data No. The new directive on retention of traffic data No. 2006/24/EC;2006/24/EC;

The transfer of a Directive on the retention of The transfer of a Directive on the retention of communications traffic data No. 2006/24/EC to the legal communications traffic data No. 2006/24/EC to the legal system of the Republic of Lithuania may be problematic system of the Republic of Lithuania may be problematic because of valid constitutional norms regarding private because of valid constitutional norms regarding private life and the decision of Constitutional Court of the life and the decision of Constitutional Court of the Republic of Lithuania of 2002.Republic of Lithuania of 2002.


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Real-time control off content Real-time control off content and traffic data (I)and traffic data (I)

There is opinion, that the requirements for control of content There is opinion, that the requirements for control of content data should be more stringent that the requirements data should be more stringent that the requirements regarding control of traffic dataregarding control of traffic data;;

The line drawn between traffic data (who someone calls, The line drawn between traffic data (who someone calls, when, for how long) amd communication data (the content of when, for how long) amd communication data (the content of telephone call) is drawn from the traditional telephone telephone call) is drawn from the traditional telephone infrastructure. Adapting this tinfrastructure. Adapting this too the Internet is particular quite the Internet is particular quite different, if at all possible. Is communication the content of different, if at all possible. Is communication the content of packages? Is traffic data just packets headers? O is traffic data packages? Is traffic data just packets headers? O is traffic data clickstreams, or http-requests?clickstreams, or http-requests?


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Real-time control off content Real-time control off content and traffic data (II)and traffic data (II)

TThe control of elehe control of elecctronic communications durintronic communications duringg operational activitiesoperational activities: the requirements to such control, : the requirements to such control, provided in the Law on operational activities are the same provided in the Law on operational activities are the same for the traffic data, also for the content data;for the traffic data, also for the content data;

TThe control of electronic communications during criminal he control of electronic communications during criminal procedureprocedure: the requirements to such control, provided in : the requirements to such control, provided in the Law on criminal procedures differ: control of content the Law on criminal procedures differ: control of content data are more stringent. In this case the problem is data are more stringent. In this case the problem is regarding separation of content and traffic data in internet.regarding separation of content and traffic data in internet.


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Supervision of electronic Supervision of electronic communication control for criminal communication control for criminal investigation purposes investigation purposes

TThe need of specialhe need of special independent supervision independent supervision institution institution;; At that moment acredited institution, related to black At that moment acredited institution, related to black

boxes is State Security Department. But this department boxes is State Security Department. But this department also provides operational activities and controls elealso provides operational activities and controls elecctronic tronic communications itselfcommunications itself;;

Another form of supervision of electronic communication Another form of supervision of electronic communication control for criminal investigalion purposes is control for criminal investigalion purposes is Parliamentary control, which in Lithuania is weak and Parliamentary control, which in Lithuania is weak and should be strenghtened.should be strenghtened.


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Conclusions (I)Conclusions (I)

The The lack of secondary legislation acts, related to lack of secondary legislation acts, related to control of private life for criminal investigation control of private life for criminal investigation purposespurposes in Lithuania in Lithuania;;

The The importance importance toto Lithuanian electronic Lithuanian electronic communication control process also may havecommunication control process also may have the the transfer of a Directive on the retention of transfer of a Directive on the retention of communications traffic data No. 2006/24/EC, which communications traffic data No. 2006/24/EC, which may be complicatedmay be complicated;;

The requirements for the control of content data and The requirements for the control of content data and traffic data for criminal investigation purposes differ traffic data for criminal investigation purposes differ (or should differ). But to separate content data from (or should differ). But to separate content data from traffic data in internet environment is quite difficult;traffic data in internet environment is quite difficult;


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Parliamentary control of supervision of electronic Parliamentary control of supervision of electronic communication control for criminal investigalion communication control for criminal investigalion purposes ispurposes is weak weak in Lithuania is weak and should in Lithuania is weak and should be strenghtenedbe strenghtened

Also, tAlso, there is need of special independent here is need of special independent institution for supervision of electronic institution for supervision of electronic communication control for criminal investigation communication control for criminal investigation purposes in Lithuaniapurposes in Lithuania..

Conclusions (II)Conclusions (II)


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Thank you for attentionThank you for attention

[email protected]@mruni.lt



Documents

Monitoring and Supervision. June 15, Rotterdam 1 MONITORING ELECTRONIC COMMUNICATIONS: PRIVACY ISSUES Prof. Rimantas Petrauskas, [email protected] Assoc