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Access to Telecommunication Data in Criminal Justice (Croatia)

In Croatia, interception of content data is possible under two legal regimes, namely repressive criminal law and intelligence (or state security) law. Acquisition and use of what is commonly referred to as “traffic data”, including location data, is possible under repressive criminal law, intelligence (or state security) law and additionally under preventive police law.The prerequisites for the surveillance of electronic communications differ between repressive criminal law, preventive police authority and intelligence.While older doctrine and case law considered that traffic data (“data about communications”) fell outside the scope of private life, such data is increasingly seen as an integral part of a persons’ private life, which merits protection via fundamental rights and freedoms. Legislative amendments made in recent years have sought to increase the level of legal protection for such data, by imposing more stringent standards for its acquisition and use. Notwithstanding these developments, the fact remains that there are still significant differences in the legal protection of traffic and content data, as will be explained below. While all relevant statutes are based on the premise that content data is necessarily part of an individual’s private life, this is not always so with traffic data. Nevertheless, amendments of the CPA in 2013 and 2014 have made it clear that judicial authorization is now necessary to access traffic data for criminal justice purposes. Still, there are significant differences in the treatment of content data and traffic data under the CPA, most notably regarding conditions and safeguards under which this data can be obtained and used.

Security Architecture, Access to telecommunication data, criminal justice, Croatia, formal and substantive prerequisites of interception orders, Collection and Use of Traffic Data and Subscriber Data, Access to (Temporarily) Stored Communications Data, Exchange of Intercepted Electronic Communications Data between Foreign Countries

https://www.duncker-humblot.de/en/buch/access-to- telecommunication-data-in-criminal-justice- 9783428182725/?page_id=0&typ=buc