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Wiretapping and recording of telecommunication traffic
Frolková, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is devised as an analysis of the legal framework of the institutes of wiretapping and recording of telecommunication traffic, as well as the survey of the telecommunication traffic, which is included in the § 88 and § 88a of the act no. 141/1961 Coll., Criminal Procedure, as amended. The aim of this thesis was to analyze in detail the current and valid legal framework with respect to the protection of human rights and to point out the fact that the use of these institutes often finds itself on the threshold of considering the interference with the personal sphere of an individual to be justified/justifiable as well as the slight overstepping of such threshold by the public authorities, which I assume. The thesis is divided into four connecting chapters, not including the introduction and the conclusion. In the first chapter, which is divided into two sub-chapters, I address primarily the legal evolution of the examined institutes, as to when was the first time these institutes were incorporated into the valid legal framework and brought to life, their subsequent development and the most important amendments throughout the years. The second sub-chapter outlines the technical development from the not so distant past to the present, where I think about the evolution of technical...
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Wiretapping and recording of telecommunication traffic
Novotná, Eliška ; Galovcová, Ingrid (advisor) ; Šelleng, Dalibor (referee)
The thesis deals with wiretapping and recording of telecommunication traffic which is an indispensable instrument for law enforcement on one side, but on the other side nevertheless it intervenes in lives of wiretapped persons in a significant way. The first chapter of thesis focuses on the area of the right to privacy because to be able to assess whether the wiretaps are realized in accordance with the legislation or not, it is essential to know from a legal point of view what falls within the privacy of individuals, which single rights involve the term right to privacy, and so which rights are protected. In the following part, the term wiretapping and recording of telecommunication traffic is explained and the amendments of legislation of this institute are summarized. On the development of the amendments of legislation it can be observed the fostering of protection of right to privacy by/over time on the development of the amendments of legislation. The next part focuses on the issue of the wiretap warrant, specifically on the procedure leading up the wiretap warrant, its compulsory content according to the criminal procedural code, the test of three-degree efficiency control of lawfulness wiretap warrant, and also the jurisdiction which is really important in this issue. The last point which...
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Wiretapping and Record of Telecommunication Traffic
Remerová, Šárka ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis deals with the legal framework and the use of wiretapping and record of telecommunication traffic, which is set under Section 88 in the Code of Criminal Procedure and the similar institute of survey of data about telecommunication traffic under Section 88a. The goal of the paper is to analyse valid legal framework, use of both institutes in real with accent on finding current problems and suggesting their solution. Wiretapping and survey of telecommunication data are institutes that serve to get information in criminal procedure and to take evidence, at the same time they are major interference to the basic human rights, particularly the privacy. However if the legal conditions are fulfilled, the interference is allowed. This constitutional aspect is examined in the thesis. Considering today's world full of modern technologies and the choice of remote communication both wiretap and survey of data are plentifully used. In accordance with that it is necessary to deal with the question of legitimacy of using both institutes, the question of how to order and execute them and also the possibilities of using the results of them as the evidence in criminal procedure. The thesis devotes to the important and recent judicature relating to legality of interference with the basic rights and the...
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Wiretapping and Interception of communication
Kučerová, Štěpánka ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis analyzes legal framework as well as other issues regarding monitoring and intercepting the substance of communication under Section 88 of the Criminal Procedure Act. Also, the characteristics of logging and accessing data relating to communication (such as times, patterns, locations and parties involved) under Section 88a are described. These institutes in certain instances represent lawful interfere with the right to respect for private life and other human rights and both are of critical importance in the investigation of many types of crimes. The thesis is systematically divided into seven chapters. Chapter One presents both concepts in their relationship to the affected basic human rights and describes characteristics, major principles as well as the procedure of issuing a wiretap and data retention warrants. As both concepts have similar features with conception of Surveillance of persons and items under the Section 158d of the Czech Criminal Procedure Act, comparison with this institute is provided in the second chapter. The third Chapter is devoted to the evolution of Wiretapping legislation and its changes due to particular amendments. The first legal regulation of Wiretapping was adopted in the Czech Criminal Procedure Act in 1991 as a response to the political revolution...
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Wiretapping and recording of telecommunication traffic
Frolková, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is devised as an analysis of the legal framework of the institutes of wiretapping and recording of telecommunication traffic, as well as the survey of the telecommunication traffic, which is included in the § 88 and § 88a of the act no. 141/1961 Coll., Criminal Procedure, as amended. The aim of this thesis was to analyze in detail the current and valid legal framework with respect to the protection of human rights and to point out the fact that the use of these institutes often finds itself on the threshold of considering the interference with the personal sphere of an individual to be justified/justifiable as well as the slight overstepping of such threshold by the public authorities, which I assume. The thesis is divided into four connecting chapters, not including the introduction and the conclusion. In the first chapter, which is divided into two sub-chapters, I address primarily the legal evolution of the examined institutes, as to when was the first time these institutes were incorporated into the valid legal framework and brought to life, their subsequent development and the most important amendments throughout the years. The second sub-chapter outlines the technical development from the not so distant past to the present, where I think about the evolution of technical...
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Interception and recording of telecommunications.
Lovíšková, Zuzana ; Říha, Jiří (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis deals with the issue of wiretapping and interception of telecommunications pursuant to Section 88 of the Czech Criminal Procedure Act. It deals also with the question of the so called metering which is governed by a separate Section within the Czech Criminal Procedure Act, Section 88a. The main purpose of this thesis is to provide thorough analysis of these two legal issues, taking into consideration domestic, international and partially also foreign legal provisions. This thesis is systematically divided into three main chapters which offer sequential elaboration on domestic, "European" and Slovak legislation. Each of these chapters is split into several separate parts. In Chapter One, I outline concept, major principles and procedure applying to wiretapping and interception of telecommunication on one hand, and concept, major principles and procedure applying to metering on the other hand. Issue of application of wiretap and interception of telecommunication obtained from foreign authority, as well as question of usage of acquired e-mail content are dealt with in two separate parts of this chapter. Moreover, I focus on utilization of the intercepted wiretap, in case it has been procured by a private individual. Second Chapter is dedicated to help the reader understand the...
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