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Storage of data in a computer system - provision of collaboration or substituting for prosecuting bodies?

Publication at Faculty of Law |
2019

Abstract

By virtue of Guvernement amendement No. 287/2018 Coll., effective from 1 February 2019, Section 7b was added to the Code of Criminal Procedure, enabling the prosecuting bodies to request that a person who holds or has under his/her control certain data stored in a computer system or on a certain data carrier continue storing such in an unaltered from the period of time specified in the relevant order, and take the necessary measures to prevent disclosure of the information that data storage has been ordered, and also order that the mentiones person prevent access of third parties to such data. The topic raises a number of questions and the authors therefore voice further criticism regarding this provisin of the Code of Criminal Procedure.