Information Brochure about the Duty to Collaborate with the Judicial Authorities

Type
Explanatory note

Publication date
26-10-2017

Date
28-03-2018

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In today's society, where almost everybody uses electronic means of communication and computer systems, it is a necessity for the different authorities to be able to investigate in this "virtual" environment in order to respect the rights of society and citizens and furthermore to detect, identify, and locate suspects and if necessary, obtain or intercept information about their communications.

It is clear that these investigations are not possible without the cooperation of network operators or providers of electronic communications services (hereinafter referred to as "operator" and "service provider").

To this end, the legislature has granted various powers to certain judicial authorities and intelligence services and, on the other hand, imposed various obligations on operators and service providers.

In implementing the statutory provisions, various authorities are involved in formulating this cooperation between governments and operators and service providers.

The government strives to make this cooperation as efficient and economical as possible.

For these reasons, the Federal Police's NTSU CTIF Service was identified as a competent intermediary for the exchange of questions and answers between the authorities and operators and service providers for a number of forms of cooperation.

An exchange platform called TANK is currently being developed to automate the data exchange.

In the future, connecting to this platform will be a prerequisite for both operators and service providers to be compensated by the government for the co-operation provided. Currently the legal framework requires that operators are obliged to use this platform as soon as it becomes available. This document, created by the CTIF, aims to provide a brief overview of the legal framework, the powers, the possible requests for assistance, the obligations of operators, penalties, the role of the various authorities, the TANK project, and the demand for engagement as an operator or service provider.

This document does not have the pretence to be complete at all. It is an incentive for anyone who needs to acquire knowledge about cooperation between the government, operators and service providers.