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?