Filenews 9 December 2021 - by Michalis Hadjivasilis
A new formula for the use of telecommunications data for the purpose of investigating criminal cases was elaborated by the Legal Service and has already recently given instructions to the Police for existing and new cases.
The recent use of telecommunications data in the investigation of the double murder involving two Russian women will be a guide for the investigation of future cases, while for those underway the heads of the Legal Service have given similar instructions. According to our information, during the meeting of the Attorney General and Assistant Attorney General with the leadership of the Police and investigators last week, it was clarified the framework in which the investigators will be moving from now on in relation to telecommunications data. Specifically, following the relevant instructions for the evaluation of existing cases and the relevant testimony in order to determine the further handling of cases, as well as after studying the decision of the Plenum of the Supreme Court on telecommunications data, the Legal Service decided to:
- For existing cases, where further evidence can be obtained showing that the disputed data was kept by the providers at material time on the basis of a legislative framework other than on the basis of the obligation imposed by the relevant legislation on telecommunications data which was found to be unconstitutional, this testimony will be presented before a Court, in the effort to prove the offences faced by the accused.
- In the cases under investigation and for future cases, instructions were given to the Police so that in the procedure for issuing an order for access to telecommunications data, among other conditions that must be met, it is to set the basis that the suspect's data is being held on the basis of relevant legislation and decree of the Commissioner for Electronic Communications and Postal Regulation, and not because of an obligation arising from the law on telecommunications data, the provisions of which were deemed unconstitutional.
As we have been told, the concern and objective of the Legal Service is to deal effectively with this issue, so as to ensure this, otherwise substantial and catalytic testimony, when and if it arises in the various cases under investigation and there is an intention to bring them to justice.
