However, when State investigative agencies conduct interception of an Internet line, all the data travelling through that line, including information on its unspecified users, are captured in the form of packets and transmitted intact to State investigative agencies. Thus, a wider range of data is collected through such packet interception by State investigative agencies than through other communication-restriction measures. Since the general public mostly shares one Internet line, the communications data not only of a suspect or a person under investigation but also of all the users sharing that line are collected and retained by State investigative agencies during the execution of interception, which goes beyond the scope of the permission granted by the court. Hence, there is a strong need for supervisory or regulatory legal measures to ascertain whether State investigative agencies have not collected or retained information of a third party or information irrelevant to the criminal investigation during and after the execution of interception, and whether they have used and processed data in accordance with the original authorized purpose and scope of such acts. Nevertheless, the Act at Issue does not provide for any procedure for processing the vast amount of data collected through interception by State investigative agencies, apart from Article 11, which imposes a confidentiality obligation to related public officials or former public officials, and Article 12, which restricts the use of data acquired through communication-restriction measures. Under Article 9-2 of the Act at Issue, the prosecutor should notify telecommunications subscribers of the communication-restriction measures executed but should not notify the subscriber of the grounds for such measures. Further, if the investigation is prolonged or when the prosecutor determines to suspend an indictment, there is no way for the subscriber to be informed of the above fact, making it all the more difficult to have objective and ex-post control. Additionally, under Article 12 Item 1 of the Act at Issue, the contents of telecommunications acquired through interception could be used to investigate, prosecute, or prevent crimes related to the crimes over which the court authorized the - 4 -

Sélectionner le paragraphe cible3