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The (un)constitutionality of data retention in the Czech Republic

Publication at Faculty of Law |
2012

Abstract

The gathering of data on telecommunications traffic lies among the most sensitive breaches of the constitutionally protected right to privacy of the individual. In its essence it is does not significantly differ from direct recording of transmitted information.

It is possible to say that in the case of blanket monitoring without a reason first being given this is a matter of one of the greatest contemporary threats to human rights in the Euro-Atlantic region. Should use of such monitoring devices occur, then it is necessary to act in an extraordinarily sensitive way, so that it does not result in factual elimination of the privacy of the individual.

It is a matter of instruments that are too powerful for them to be able to be applied without prudence and extraordinary control. The foundation for their being put in place must be proper public and Parliamentary discussion.