Official trip report, Berlin 25.11.2016

President of the Council of Agency for Personal Data Protection and Free Access to Information, Mr. Muhamed Gjokaj and member of the Council Mr. Aleksa Ivanović, attended the 60th meeting of International Working Group on Data Protection in Telecommunications, as representatives of the Agency. The meeting was held on 22 – 23 November 2016 in Berlin.

At the meeting it was spoken about Privacy on e-learning platforms, Privacy Issues in ICANN’s “new generation Registration Directory Service” (RDS), Accountability in context of software updates, Google, Privacy Issues in social networks, The Use of Biometrics in Electronic authentication, Privacy and International Standardizations and Web tracking.

Representatives of the Agency presented the Country Report of Montenegro at the International Working Group on Data Protection in Telecommunications 60th meeting.

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Country report Montenegro

INTERNATIONAL WORKING GROUP ON DATA PROTECTION IN TELECOMMUNICATION

on 22-23 November 2016 in Berlin (Germany)

COUNTRY REPORT MONTENEGRO

The operators of mobile telephony informed the Agency for Personal Data Protection and Free Access to Information that investigative judges issue orders for exemption of retained data for the entire territory of Montenegro, or for particular towns, also for longer time period, even 54 days.

The Agency established all relevant facts by controlling that mobile telephony operator, and asked for a meeting with representatives of Supreme Court, Judicial Council, Supreme State Prosecutor's Office and Police Department. The Agency representatives introduces reasons for concern for personal data to be taken massively in this manner, and without valid legal ground. The representatives of the Agency pointed out that under Constitution, Law on Personal Data Protection and Criminal Procedure Code there is no legal ground for retained data to be exempted from mobile telephony operator for all the users who in that period used these networks. Apart from the data of citizens of Montenegro, within this range there is also data from foreigners, who, in the mentioned period, used services of mobile telephony in Montenegro.

After the meeting, the Criminal Division of Supreme Court brought a legal opinion that the investigative judge cannot issue an order for delivering data on electronic communication traffic for the whole territory of Montenegro or particular municipalities. It is also explained that the registered owner or user of means of telecommunication carried out, is carrying out or will carry out criminal offences for which he is being prosecuted in the line of duty, based on order of investigative judge, for discovering the perpetrator and collecting evidence, or for locating or identifying persons and the search for the person who is on the run, or persons for whom an international arrest order is issued, the police can:

  1. ask for identity check from telecommunication services operator, duration and frequency of communication with specific addresses of electronic communication, determine the location of persons who are establishing electronic communication, as well as identifying the device label;
  2. carry out identification of international identification user number (IMSI number) by means of technical device, and international identification number of mobile device (IMEI number) and locate telephones and other means for electronic communication, while paragraph 2 of the same Article stipulates that police can, based on order of the investigative judge: ask from the communication services operator a review of paragraph 1 clause 1 of this Article and for persons related to the owner or user of means of communication; identify and locate from paragraph 1, clause 2 of this Article and for persons related to the owner or user of means of telecommunication.

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