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227/2002
The National Council of the Slovak Republic has approved the following act: § 1 (1) This Act stipulates the conditions required for the use of information-technical measures without the prior consent of the person whose privacy is infringed upon by the State Authority which uses the information-technical measures. (2) This Act shall not apply to the use of information-technical measures with regard to criminal proceedings in accordance with a specific act.1) ------------------------------------------------------------------------------------ 1)Act No. 141/1961 Coll. on Criminal Court Proceedings (Criminal Procedure Code) as amended. (1) For the purposes of this Act, information-technical measures shall mean primarily electro-technical, radio-technical, photo-technical, optical, mechanical, chemical and other technical measures and equipment or sets thereof, used in a covert manner for: a) searching for, opening, examination, and assessment of mail 2) and other transported packages; b) monitoring and recording telecommunication activities;3) c) making and using visual, audio and other recordings. (2) Information-technical measures may be used by the Police Corps, Slovak Information Service, Military Intelligence, Railway Police, Corps of Prison and Court Guards and the Customs Authority (hereinafter referred to as “State Authority”) in an extent pursuant to specific regulations.4) (3) The use of information-technical measures by the Railway Police, Corps of Prison and Court Guards and Customs Authority shall be technically provided by the Police Corps following the submission of a written approval from the statutory judge granted to the State Authority for which the use of the information-technical measures is provided. (4) For the monitoring and recording of telecommunication transmissions 5) only information-technical measures shall be used which enable the immediate identification of the final telecommunication equipment used for the monitoring and recording of the telecommunication transmissions and which do not permit the deletion of informationidentifying this equipment and which will not permit the deletion of the time of the monitoring and recording of the telecommunication transmissions. (5) The member or employee of the State Authority who fulfils the tasks connected with the technical provision of the use of information-technical measures shall be required to undergo a psycho-physiological examination of veracity by deadlines set by the head of the State Authority. (6) Local administration authorities, private security services and any other legal person or natural person shall not use information-technical measures. ------------------------------------------------------------------------------------ 2)§ 4 of Act No. 507/2001 Coll. on Postal Services. 3)§ 2 of Act No. 195/2000 Coll. on Telecommunications. 4)§ 36 of Act of the National Council of the Slovak Republic No. 171/1993 Coll. on the Police Corps as amended. § 36 of Act of the National Council of the Slovak Republic No. 171/1993 Coll. on the Police Corps as amended. § 10, Paragraph 1 of Act of the National Council of the Slovak Republic No. 46/1993 Coll. on the Slovak Information Service. § 10, Paragraph 1 of the Act of the National Council of the Slovak Republic No. 198/1994 Coll. on Military Intelligence. § 34 of the Act No. 57/1998 Coll. on the Railway Police as amended. § 23 and § 24 of Act No. 4/2001 Coll. on the Corps of Prison and Court Guards. § 24 of Act No. 240/2001 Coll. on State Administration Bodies within Customs Administration. 5)§ 5 of Act No. 195/2000 Coll.. (1) An information-technical measure shall only be used if it is essential in a democratic society to safeguard the security and defence of the country, to prevent and detect criminal activities, or to protect the rights and freedoms of other persons. The use of an information-technical measure may only infringe fundamental rights and freedoms to an unavoidable extent and for a period of time not longer than is essential to attain the legal goal for which it is used. (2) The data obtained by information-technical measures may only be used for achieving the objective when fulfilling the tasks of the state which meet the conditions pursuant to paragraph 1. (1) Information-technical measures shall only be used on the basis of a prior written approval of a statutory judge 6) (hereinafter referred to as “Approval”) and only for an essential period of time not exceeding six months. The period of time shall begin on the day the approval is granted. If it is essential to use simultaneously or sequentially several kinds of information-technical measures, all of them shall only be used to the extent of the explicitly granted Approval. If the information-technical measure is to be used in locations which are not accessible to the public, the statutory judge shall also decide whether his Approval also applies to access to such locations. (2) The statutory judge who granted the Approval to use the information-technical measures may, on the basis of a new petition, extend the duration of the period of use, but in each case for no longer than a further six months. This period shall begin on the day an additional approval is granted (hereinafter referred to as “Additional Approval”). An Additional Approval shall be granted in writing not later than the last day of the period pursuant to Paragraph 1. If the period cited in Paragraph 1 ends and an Additional Approval is not granted, use of the information-technical measure shall be ended on the last day of the period stipulated in the Approval. (3) A petition for the use of an information-technical measure (hereinafter referred to as “Petition”) shall be submitted in writing to the competent court. The Petition shall contain: a) the type of information-technical measure to be used and the location of its use, the proposed time of duration of its use, information on the person against who the use of this information-technical measure is directed; b) information on the previous ineffective or very difficult detection and documentation of activities which constitute the reason for the submission of the Petition; c) the reasons for the use of the information-technical measure. The court shall not make a decision on a Petition which does not contain the requirements stipulated by the Act and shall return such a Petition to the petitioner. (4) A Petition shall be presented by the State Authority which intends to use the information-technical measure to implement the scope of its powers as stipulated by this Act (§ 2, Paragraph 2). (5) A legal remedy may not be lodged against a decision regarding an Approval. (6) The statutory judge who granted an Approval to use an information-technical measure shall be required to review systematically the existing reason for their use. If the reason ceases to apply, he shall be obliged to rule without delay that the use of these measures cease. ------------------------------------------------------------------------------------ 6)§ 13, Paragraphs 2 and 3, and § 20, Paragraph 2 of Act of the Slovak National Council No. 335/1991 Coll. on Courts and Judges, as amended by Article III of the Act No. 185/2002 Coll. on the Judicial Council of the Slovak Republic and on the Amendment and Supplementation of Some Acts. (1) In an exceptional case, if there is a reasonable suspicion that a crime is being committed with regard to which an information-technical measure could be used by the Police Corps to fulfil its tasks, if the case cannot be delayed and the Approval of a statutory judge cannot be obtained in advance, the Police Corps may use an information-technical measure without a prior Approval. The Police Corps shall be obliged to notify the statutory judge of the use of an information-technical measure within one hour of the beginning of the use of this measure and to submit a Petition pursuant to § 4, paragraph 3 to the statutory judge within six hours of the beginning of the use of the information-technical measure. The Petition shall also contain the time of the beginning of the use of the information-technical measure. (2) If the Police Corps does not obtain a subsequent written approval from the statutory judge within twelve hours of the beginning of the use of an information-technical measure or if the statutory judge does not grant a subsequent approval, the use of this measure shall be ended immediately. Information obtained in this way shall not be used and shall be immediately destroyed. The State Authority which destroys such information shall immediately notify the statutory judge of such destruction. (1) During the period of use of information-technical measures, the State Authority shall be obliged to review systematically the existing reason for their use. If the reason no longer applies, the State Authority shall be obliged to immediately cease using the information-technical measures. (2) The State Authority shall be obliged to inform the statutory judge who is authorised to grant an Approval pursuant to § 4 of the end of the use of information-technical measures pursuant to paragraph 1. (3) The State Authority shall keep a summary of the number of issued Approvals and rejected Petitions and shall be responsible for its completeness. (1) A copy of an audio, visual or audio-visual recording (hereinafter referred to as “Copy”) which has been made using an information-technical measure may only be released to the State Authority with jurisdiction as regards the subject matter and location if the copy can serve as evidence in a procedure before the appropriate State Authority within the limits of its authority established by the act. The State Authority with jurisdiction as regards the subject matter and location, to which the recording has been released, may not make a copy of the recording, nor release its transcription for inspection or copying to another person, to another State Authority or to a body of local government or of other self-government. (2) If the information obtained by using an information-technical measure is to be used as evidence in criminal proceedings1), the State Authority shall produce a written record including information on the location, time and legality of using the information-technical measure. The State Authority shall append the recording and a verbatim transcription to the written record. Information obtained by using the information-technical measure which does not apply to the reason for their use cited in the Petition may only be used in a criminal proceeding if it concerns the criminal activity with regard to which an information-technical measure may be used. (3) If an information-technical measure is used in contravention of this Act, a State Authority or other public authority may not use the recording obtained in such a way, or any other result of the illegal use of the information-technical measure as evidence, or recognise it as evidence, except for a criminal or disciplinary proceeding against the person who made the recording illegally or ordered its making. A recording or other result obtained illegally shall be destroyed in the presence of the statutory judge with competence to grant the approval within twenty-four hours of the illegal use of the information-technical measure. (4) If a recording is made using an information-technical measure and subsequently no facts are established which are significant for achieving the purpose, stipulated by the Act, for which the information-technical measure was used, the State Authority which made the recording shall be obliged to destroy this recording immediately. (5) Minutes shall be kept regarding the destruction of the recording or any other result in which shall be stated the reason for destroying this recording or result, the personal data of the person who ordered or approved the use of the information-technical measure (title, name, surname and position), the personal data of the person who ordered or approved the destruction of the recording or of any other result (title, name, surname, and position) and the personal data of the statutory judge present during the destruction (title, name, surname, position and an identification of the court with jurisdiction). Prior to destruction, the recording or other result of the use of an information-technical measure may not be copied or transcribed into a written form or into any other form. The use of an information-technical measure, the production of a recording or the making of a copy of the recording which is carried out in contravention of this Act shall create a responsibility of the state7), and of the person who violates the Act by ordering or approving the illegal conduct, or by contravening this Act in another way.8) ------------------------------------------------------------------------------------ 7)§ 18, Paragraph 1 of the Act No. 58/1969 Coll. on the Responsibility of the State Authority for damage caused by a decision of the State Authority or by its incorrect administrative procedure. 8)§ 158, §178, and § 257a of the Act No. 140/1961 Coll. - the Penal Code, as amended. § 11 to 16 of the Act No. 40/1964 Coll. - the Civil Code as amended. (1) In order to exercise its constitutional power to oversee the observance of the law, the National Council of the Slovak Republic shall discuss twice a year during a plenary session the report of the Committee authorised to oversee the use of information-technical measures with regard to the situation with regard to their use. The report submitted to the plenary session shall include every known case of illegal use of information-technical measures, including information on the responsibility of persons pursuant to § 8. The report shall not reveal the identity of persons against whom the information-technical measures were used, nor infringe their right of privacy. The report may not reveal the identity of a person who participated in the use of the information-technical measure pursuant to the Act. (2) A report discussed at the plenary session may be published by the mass media. A report published by the mass media must not include classified information. The costs of publishing shall not be met from the state budget. (3) The head of the State Authority with jurisdiction to use the information-technical measures shall be required to provide the applicant with all required information on the use of information-technical measures within ten working days of the day of delivery of a request from the committee authorised pursuant to Paragraph 1. In his absence, the head of the State Authority shall be required to appoint a person who shall fulfil this duty on his behalf. Act of the National Council of the Slovak Republic No. 46/1993 Coll. on the Slovak Information Service as amended by Act of the National Council of the Slovak Republic No. 72/1995 Coll., Act No. 73/1998 Coll., Act No. 256/1999 Coll., and Act No. 328/2002 Coll., is hereby amended as follows: § 12, §13, and § 14 are hereby deleted. Act of the National Council of the Slovak Republic No. 171/1993 Coll. on the Police Corps as amended by Act of the National Council of the Slovak Republic No. 251/1994 Coll., Act of the National Council of the Slovak Republic No. 233/1995 Coll., Act of the National Council of the Slovak Republic No. 315/1996 Coll., Act No. 353/1997 Coll., Act No. 12/1998 Coll., Act No. 73/1998 Coll., Act No. 256/1998 Coll., Act No. 116/2000 Coll., Act No. 323/2000 Coll., Act No. 367/2000 Coll., Act No. 490/2001 Coll., Act No. 48/2002 Coll., Act No. 182/2002 Coll., and Act No. 422/2002 Coll., is hereby amended as follows: 1. § 35 is hereby deleted. 2. In § 36, Paragraph 2 is hereby deleted. The marking of Paragraph 1 is also hereby deleted 3. § 37 and § 38 are hereby deleted, including the footnote to reference 17a. 4. In § 69a, Paragraph 3, the words "special categories of personal data 27c)" are hereby replaced by the words "personal data identifying the race or ethnic origin, political opinions, religious belief or world-view, membership in political parties or political movements, membership of trade unions, and data related to health condition or sex life" (hereinafter referred to as "Special Categories of Personal Data"). 5. § 76a is hereby supplemented by Paragraph 8, which shall read as follows: "(8) Personal data in accordance with Paragraphs 1 and 2 and 4 to 7 shall mean the name, surname, birth number, date and place of birth, and residential address. The provisions of a special law 27) on the obligation to inform the person on the state of processing of the personal data shall not be applied to the provision of information provided pursuant to Paragraphs 1 and 2. Act of the National Council of the Slovak Republic No. 198/1994 Coll. on Military Intelligence is hereby amended as follows: § 12, §13, and § 14 are hereby deleted. Act No. 57/1998 Coll. on the Railway Police as amended by Act No. 73/1998 Coll., Act No. 422/2002 Coll. and Act No. 513/2002 Coll., are hereby amended as follows: 1. § 33 is hereby deleted. 2. In § 34, Paragraph 2 is hereby deleted. The marking of Paragraph 1 is also hereby deleted. 3. § 35 and § 36 are hereby deleted. Act No. 4/2001 on the Corps of Prison and Court Guards as amended by Act No. 422/2002 Coll. shall be amended as follows: 1. In § 23, Paragraph 2 and 3 are hereby deleted. The marking of Paragraph 1 is also hereby deleted. 2. In § 24, Paragraphs 2 to 6 are hereby deleted. The marking of Paragraph 1 is also hereby deleted. 3. § 25 is hereby deleted. Act No. 240/2001 Coll. on State Administration Bodies within the Customs Administration as amended by Act No. 422/2002 Coll. shall be amended as follows: In § 24, Paragraph 1 and Paragraphs 3 to 12 are hereby deleted. The marking of Paragraph 2 is also hereby deleted. This Act shall take effect on the date of its publication, with the exception of § 2, Paragraph 4 in Article 1, which shall take effect on July 1, 2004. signed by: Rudolf Schuster Pavol Hrušovský Mikuláš Dzurinda |