22 Article 17 18. Regarding Communication Confirmation Data and Communication Data According to the Protection of Communications Secrets Act, investigative agencies require permission from the court in order to verify information on communication, but the court is giving broad permission in instances deemed “necessary for investigation,” leading to real-time provision of location information on the target’s cell phone or internet device. Furthermore, the police has recently been utilizing the so-called “base station investigations” in which they are provided with every call history that was received by base stations. In 2014, the NHRCK advised the Minister of Science ICT and Future Planning to make permissions for obtaining communication confirmation data more strict. Communication data refers to information of telecommunications service users that includes personal information such as names and addresses. According to the Telecommunications Business Act, investigative agencies do not need permission from the court to request communication data. Instead, information can be obtained after submitting a written request that covers the reason for request, association with the user and the scope of needed information. The NHRCK has recommended to amend the Act so that communication data be included in the communication Confirmation data thereby requiring permission from court to obtain it (para 240-243). Questions Does the Government, as recommended by the NHRCK, have plans to implement a stricter requirement standard to impose on intelligence/investigation agencies when requesting the provision of communication verification data and location data?

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