The Anti-Corruption Bureau might gain more authority

MP proposes to authorize the designated subdivisions of the National Anti-Corruption Bureau of Ukraine to engage in retrieving information from the transport telecommunication networks. Currently only appropriate subdivisions of the bodies of the National Police and security agencies are authorized to do so.

This is provided in the bill #4721 “On amending Article 263 of the Criminal Procedure Code of Ukraine concerning the authorization of subdivisions of the National Anti-Corruption Bureau of Ukraine to retrieve information form the transport telecommunication networks”.

Let us note that, in accordance with the Criminal Procedure Code, the withdrawal of information from the transport telecommunication networks (networks that transmit symbols, signals, written text, images and sounds or messages of any kind between the telecommunication access networks connected thereto) constitutes a type of interference in private communication, which is conducted unbeknownst to the persons using the means of telecommunications to transmit information, based on the definition of the investigating judge, if the circumstances relevant to criminal proceedings can be determined during its conduct.

The withdrawal of information from the transport telecommunication networks includes surveillance, selection and recording of the information transmitted by the person and has relevance for the pre-trial investigation, as well as obtainment, transformation and recording of various types of signals transmitted through the communication channels while using appropriate technical devices.

 

Source: Law and Business

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