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Implementation of the Law on Operational Technical Agency and the Law on Interception of Communications

24 March, 2021



The analysis reflects the current state from the viewpoint of legal solutions, but also from the viewpoint of real problems seen in practice, which come in part as the result of inconsistent and insufficiently precise legal provisions. Thus, a special emphasis was put on the provisions that do not fully serve the reform priorities and the segments that do not correspond to international documents and the practice of European courts. 

The analysis offers alternative solutions and concrete recommendations to overcome the evident weaknesses in some of the existing legal provisions. This is especially true for several segments underlined in the text (provisions on interception of communications without the mediation of OTA; provisions on metadata; certain aspect in the interception of communications in the interest of security and defense; security of data; as well as the provisions on oversight and control over the interception of communications). 

The structure of the document is comprised of an introduction, approach to the reforms, analysis of the legal framework, opportunities and challenges, and conclusions.