execution of the communication-restriction measures. Therefore, there is possibility that State investigative agencies may abuse their power to collect information about a specific person, including his or her whereabouts. There are a number of legislative cases in other countries that allow State investigative agencies to intercept Internet lines or other similar wiretapping for investigative purposes while setting out procedures that regulate the use of data acquired through such interception in order to minimize infringement on fundamental rights, such as: the requirement for submission of periodic reports on the progress of interception to the court after the execution; the requirement for submission of sealed data on interception to the judge who authorized such interception; and the judge’s decision over the preservation and destruction of the data obtained through interception. In light of the above, the Instant Provision does not satisfy the principle of least infringement, since it specifies interception of Internet lines as one of the communication-restriction measures merely on the ground that such interception serves criminal investigative purposes, although no legal safeguards are in place to prevent the abuse of power and to minimize infringement on the fundamental rights by State investigative agencies during and after the execution of such interception. Moreover, the balance is not deemed to have been struck between the public interest to be attained by the Instant Provision and the private interests to be infringed by the Instant Provision, since authorizing the interception of Internet lines would pose a serious threat to the secrecy and freedom of communications and privacy of individuals. Accordingly, the Instant Provision violates the rule against excessive restriction and thus infringes on the fundamental rights of the Complainant. 4. Conclusion Although the Instant Provision violates the Constitution by infringing on the fundamental rights of the Complainant, the issuance of a decision - 5 -

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