Issue 20. Monitoring of Private Communication 91. In 2018, the Constitutional Court held that some provisions of the Protection of Communications Secrets Act were unconstitutional, including those pertaining to the provision of real-time location tracking data and the interception of internet lines (deep packet inspection). Subsequent to this ruling, the relevant laws were amended. However, it is difficult to deem that the Committee’s previous Concluding Observations (i.e., paragraph 43) have been fully implemented. 92. In this regard, the NHRCK expressed its opinion to the National Assembly and the Minister of Justice in July 2019 on the Proposed Bill of Partial Amendment of the Protection of Communications Secrets Act submitted by the Government in March 2019. Therein the NHRCK addressed that, in monitoring private communication, it is necessary to require specific criminal allegation or relevance to the case in question; place limits on targeted crimes and individuals; and strengthen supplementary requirements, for the reasons that the provision of location tracking data can form a detailed profile of an individual through the collection of location information; and the provision of communication confirmation data of a base station may infringe on the rights of a wide range of people. However, the Act was amended without observing the NHRCK’s opinion and entered into force in December 2019. 93. In July 2022, the Constitutional Court ruled that the failure to establish ex post notification procedures for the provision/acquisition of communications data under Article 83 (3) of the Telecommunications Business Act96 was in breach of due process and the Constitution. The Court ordered that the Article 83 (3) of the Act be amended by 31 December 2023. 94. As such, it is difficult to deem that all surveillance for public interest purposes follows the ICCPR. Especially in a situation where concerns have been continuously raised regarding potential infringements of personal information by State agencies, the system of providing subscriber information by communications services to authorities can be abused unless sufficient ex ante control procedures such as court authorization are in place. Therefore, it is necessary to strengthen the legal protection of basic rights including the right to privacy and self-determination of personal information. 95. Proposed recommendation: The State party should promptly amend Article 83 (3) of the Telecommunications Business Act to provide for ex ante control measures, such as requests by warrant, as well as ex post notification procedures for the provision of communications data.97 21