usual in this blog that mentions the Data Retention Act, a law that is the result of European Directive and most controversial point is the limitation of data that can be transferred to the authorities, which authorities and what assumptions.
English law is clear, at least in my opinion though this view is not shared by some judges and prosecutors, such as Judge Eloy Velasco in his book on Internet crimes .
But in my opinion there is no doubt that only judges and courts may require the delivery of data identifying an IP address and telecom operators can only provide these when it comes to the pursuit of felonies.
Well, the law in Cyprus should transpose the Directive provided that the identifying details of telephone numbers IP addresses, etc.. could be delivered not just previous injunction but also the police and relevant authorities for investigation.
Now its Supreme Court had declared that his "Law of Conservation of Information" is not set to its Constitution so that such predictions can not be taken into account.
Apparently, the Court held that certain provisions of the law that allows access to telecommunications data were not introduced in order to harmonize with the European Directive, but go beyond this and its contents were potentially infringe rights to privacy and confidentiality of communications.
Now the police are concerned about the impact of the decision in cases in which it agreed to telecommunications data protected by a law declared unconstitutional and therefore could invalidate a lot of evidence obtained.
In Spain there are many procedures, both administrative and judicial, which require the identification of telecommunications to locate the responsible and send requests for it, even if there is no qualifying title (not to come from the court or not serious crimes), but few companies refuse to not meet a requirement, for example, the English Agency for Data Protection. However, such data collection could lead to the invalidity of any sanction or resolution.
Case in Supreme Court web: (pdf in Cyprus)
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