Document type
Legislation
Country
(1) According to the Law on Electronic Communications (LEC), Information Service Providers (ISPs) are obliged to guarantee the confidentiality of communications by undertaking all the necessary technical and organizational measures.
(2) The LEC provides for a data retention regime, which is only available to criminal enforcement authorities for serious crimes and computer crimes. Under Article 13(2) of LEC “the information shall not be stored for any period longer than the one that is reasonably necessary for the transmission." Public authorities may rely also on the disclosure provisions in the Code of Criminal Procedure.
(3) ISPs are not supposed to disclose any information unless it is requested by the court, in connection to a particular civil, criminal or administrative case. Law on Electronic Commerce (LEC) does not stipulate an obligation for the ISPs to cooperate and disclose information.
Country
Year
2008
Topic, claim, or defense
Privacy or Data Protection
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Data Retention or Disclosure
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear