ROMAN ZAKHAROV v. RUSSIA JUDGMENT
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case; a final judicial decision, in particular an acquittal; rehabilitation; spent
convictions; amnesties; the age of the data subject, particular categories of data.
7.2. Rules aimed at fixing storage periods for the different categories of personal
data as well as regular checks on their quality should be established in agreement with
the supervisory authority or in accordance with domestic law.
8. The responsible body should take all the necessary measures to ensure the
appropriate physical and logical security of the data and prevent unauthorised access,
communication or alteration.
The different characteristics and contents of files should, for this purpose, be taken
into account.”
144. Recommendation No. R (95) 4 on the protection of personal data in
the area of telecommunication services, with particular reference to
telephone services, adopted on 7 February 1995, reads in so far as relevant
as follows.
“2.4. Interference by public authorities with the content of a communication,
including the use of listening or tapping devices or other means of surveillance or
interception of communications, must be carried out only when this is provided for by
law and constitutes a necessary measure in a democratic society in the interests of:
a. protecting state security, public safety, the monetary interests of the state or the
suppression of criminal offences;
b. protecting the data subject or the rights and freedoms of others.
2.5. In the case of interference by public authorities with the content of a
communication, domestic law should regulate:
a. the exercise of the data subject’s rights of access and rectification;
b. in what circumstances the responsible public authorities are entitled to refuse to
provide information to the person concerned, or delay providing it;
c. storage or destruction of such data.
If a network operator or service provider is instructed by a public authority to effect
an interference, the data so collected should be communicated only to the body
designated in the authorisation for that interference.”
C. European Union
145. Council Resolution of 17 January 1995 on the lawful interception
of telecommunications (96/C 329/01) provides as follows.
“This section presents the requirements of law enforcement agencies relating to the
lawful interception of telecommunications. These requirements are subject to national
law and should be interpreted in accordance with applicable national policies.
...
1.3. Law enforcement agencies require that the telecommunications to and from a
target service be provided to the exclusion of any telecommunications that do not fall
within the scope of the interception authorization.
...