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Seizing digital tracks for the purpose of a criminal proceeding
Mohelský, Michal ; Bohuslav, Lukáš (referee)
ABSTRACT, KEY WORDS Seizing digital tracks for the purpose of a criminal proceeding This thesis analyzes procedural institutes of law that serve to seize digital traces on the Internet to investigate cybercrime. This document also deals with a selected procedural institute of the Convention on Cybercrime, which serves to secure digital traces. Furthermore, an assessment is made as to whether the Czech legislation meets these requirements. Data retention analysis provided information on what traffic and location data are and describes the extent of their retention. The issue of identification of offenders based on seized IP addresses was explained and anonymization methods were explained. The main goal of the thesis is an extensive elaboration of some relevant procedural institutes of the Code of criminal procedure no. 141/1961 Sb., through which digital traces are seized. This data may lead to the identification of the offender, and also for conviction of guilt during criminal proceedings. The thesis elaborates institutes: a record of telecommunication traffic, monitoring digital communication, data freeze, and physical provision of devices. This work compares individual institutes with the requirements of the Convention on CyberCrime. The author of this thesis describes in detail the conditions defined by...
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Data retention -depositing operational and localizing data
Jirovský, Lukáš ; Korbel, František (advisor) ; Millerová, Ivana (referee)
DP - Lukáš Jirovský, Data retention, 2015 Abstract Data retention - storing of traffic and location metadata The topic of this thesis is data retention - traffic and location metadata storing (and providing to state) by telecommunication providers according to Czech and European law (including rulings of constitutional courts). It also describes compliance or conflict with the users right to privacy and also possibilities to provide this data to users. There is also technical description of the data with their meaning and statistics of crimes detection according to validity of this law.
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Protection of Privacy and Personal Data in European Union Lawwith Regards to Data Retention
Serdula, Ondřej ; Svobodová, Magdaléna (referee)
1 PROTECTION OF PRIVACY AND PERSONAL DATA IN EUROPEAN UNION LAW WITH REGARDS TO DATA RETENTION ABSTRACT The thesis deals with the issue of data retention, i.e. the issue of storing communications metadata by telecommunications service providers for the purpose of possible later access to this data by state authorities. The thesis focuses not only on the relevant EU legislation, but also on the related case law of the Court of Justice, which plays crucial role in determining the standard of protection offered by EU law. This analysis focuses on two main legal issues - the issue of scope of the EU legislation in this area and the issue of proportionality. With regards to the first issue, the author is of the opinion that the Court of Justice interprets the scope of the relevant EU legislation overly broadly. Author criticizes the fact that the Court of Justice applied secondary law adopted on the basis of Article 95 TEC on the issue of access to the retained data by the Member States authorities, including the authorities of Member States which are active in the field of national security. Regarding the issue of proportionality, author criticizes the fact that the Court of Justice perceives the blanket retention of communications metadata to be incompatible with EU law as such, no matter how strict the...
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Protection of Privacy and Personal Data in European Union Lawwith Regards to Data Retention
Serdula, Ondřej ; Král, Richard (advisor) ; Forejtová, Monika (referee) ; Smolek, Martin (referee)
1 PROTECTION OF PRIVACY AND PERSONAL DATA IN EUROPEAN UNION LAW WITH REGARDS TO DATA RETENTION ABSTRACT The thesis deals with the issue of data retention, i.e. the issue of storing communications metadata by telecommunications service providers for the purpose of possible later access to this data by state authorities. The thesis focuses not only on the relevant EU legislation, but also on the related case law of the Court of Justice, which plays crucial role in determining the standard of protection offered by EU law. This analysis focuses on two main legal issues - the issue of scope of the EU legislation in this area and the issue of proportionality. With regards to the first issue, the author is of the opinion that the Court of Justice interprets the scope of the relevant EU legislation overly broadly. Author criticizes the fact that the Court of Justice applied secondary law adopted on the basis of Article 95 TEC on the issue of access to the retained data by the Member States authorities, including the authorities of Member States which are active in the field of national security. Regarding the issue of proportionality, author criticizes the fact that the Court of Justice perceives the blanket retention of communications metadata to be incompatible with EU law as such, no matter how strict the...
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Wiretapping and recording of telecommunication traffic
Born, Natalie ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Wiretapping and recording of telecommunication traffic Abstract The thesis deals with the institute of wiretapping and recording of telecommunication traffic, which deserves closer attention due to the constant development of technologies. The aim of the thesis is to analyse the main issues of the regulation not only according to the pivotal criminal procedure norm, but also according to other acts, especially in the context of constitutional limits. The thesis is divided into five chapters. In the initial chapter, the author briefly deals with wiretapping of telecommunications traffic from a technological perspective followed by an analysis of the development of wiretapping and recording of telecommunications traffic, in terms of foreign legislation and then Czech legal system. It takes into account not only the historical development of §88 and §88a of the Criminal Procedure Code but also the parallel regulation of wiretapping in the Police Act of 1991. In the second chapter, the author outlines the constitutional limits not only in the terms of the Charter but also according to the Convention and the related case law of the European Court of Human Rights. In the crucial third chapter, the author examines the regulation of wiretapping and recording of telecommunications traffic according to applicable law...
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Seizing digital tracks for the purpose of a criminal proceeding
Mohelský, Michal ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
ABSTRACT, KEY WORDS Seizing digital tracks for the purpose of a criminal proceeding This thesis analyzes procedural institutes of law that serve to seize digital traces on the Internet to investigate cybercrime. This document also deals with a selected procedural institute of the Convention on Cybercrime, which serves to secure digital traces. Furthermore, an assessment is made as to whether the Czech legislation meets these requirements. Data retention analysis provided information on what traffic and location data are and describes the extent of their retention. The issue of identification of offenders based on seized IP addresses was explained and anonymization methods were explained. The main goal of the thesis is an extensive elaboration of some relevant procedural institutes of the Code of criminal procedure no. 141/1961 Sb., through which digital traces are seized. This data may lead to the identification of the offender, and also for conviction of guilt during criminal proceedings. The thesis elaborates institutes: a record of telecommunication traffic, monitoring digital communication, data freeze, and physical provision of devices. This work compares individual institutes with the requirements of the Convention on CyberCrime. The author of this thesis describes in detail the conditions defined by...
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Data retention -depositing operational and localizing data
Jirovský, Lukáš ; Korbel, František (advisor) ; Millerová, Ivana (referee)
DP - Lukáš Jirovský, Data retention, 2015 Abstract Data retention - storing of traffic and location metadata The topic of this thesis is data retention - traffic and location metadata storing (and providing to state) by telecommunication providers according to Czech and European law (including rulings of constitutional courts). It also describes compliance or conflict with the users right to privacy and also possibilities to provide this data to users. There is also technical description of the data with their meaning and statistics of crimes detection according to validity of this law.
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