ROMAN ZAKHAROV v. RUSSIA JUDGMENT
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requested measure, or to refuse authorisation, giving reasons (Article 165 of
the CCrP).
45. A court may grant authorisation to intercept the communications of a
suspect, an accused or other persons if there are reasons to believe that
information relevant to the criminal case may be discussed (Article 186 § 1
of the CCrP).
46. A request for authorisation to intercept communications must clearly
mention (a) the criminal case to which the request is related; (b) the grounds
for conducting the requested measures; (c) the family name, the first name
and the patronymic of the person whose communications are to be
intercepted; (d) the duration of the requested measure; and (e) the State
agency that will perform the interception (Article 186 § 3 of the CCrP)
47. The judicial decision authorising interception of communications
must be forwarded by the investigator to the State agency charged with its
implementation. The interception of communications may be authorised for
a period not exceeding six months, and is discontinued by the investigator
when it is no longer necessary. It must in any case be discontinued when the
investigation has been completed (Article 186 §§ 4 and 5 of the CCrP).
48. A court may also authorise the monitoring of communications data
relating to a person’s telephone or wireless connections if there are
sufficient reasons to believe that such data may be relevant to a criminal
case. A request for authorisation must contain the same elements referred to
in paragraph 46 above. A copy of the judicial decision authorising the
monitoring of a person’s communications-related data is forwarded by the
investigator to the relevant communications service provider, which must
then submit the requested data to the investigator on a regular basis, and at
least once a week. The monitoring of communications data may be
authorised for a period not exceeding six months, and is discontinued by the
investigator when it is no longer necessary. It must in any case be
discontinued when the investigation has been completed (Article 186.1 of
the CCrP, added on 1 July 2010).
F. Storage, use and destruction of collected data
1. Storage of collected data
49. Section 10 of the OSAA stipulates that law-enforcement agencies
performing operational-search activities may create and use databases or
open personal files. The personal file must be closed when the aims
specified in section 2 of the Act have been achieved or if it has been
established that it is impossible to achieve them.
50. In its decision of 14 July 1998 (see paragraph 40 above), the
Constitutional Court noted, as regards the possibility provided by section 10
for law-enforcement agencies conducting operational-search activities to