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By Barbora Lezatkova

Retention of Operational and Localisation Data

On 23 April 2008, the Czech Parliament approved an amendment to the Electronic Communications Act (Act no. 127/2005 Coll.) relating to the retention of operational and localisation data created or processed by the providers of electronic communications services and public communication networks. The amendment still needs to be approved by the Senate and the president of the Czech Republic before it can become effective.

Under the amendment, providers must store information about the time and location of telephone calls, even if the call was not ultimately connected (i.e. the person being called did not take the call). The Data Protection Office considers such data retention as excessive.

The amendment stipulates that the information be liquidated one year after the creation of the data, provided that no authorised state body has asked for it in the meantime (in which case the retention period will be longer.) The providers of public communication networks and operators must ensure that that the actual content or subject matter of any call is not recorded and retained.

Barbora Lezatkova is an Advokatka at Linklaters, v.o.s., advokatni kancelafi, based in Prague. She may be reached at barbora.lezatkova@linklaters.com or at (420) 221 622 111.


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