The role of digital access providers 2017, para. 19
Paragraph- Paragraph text
- Providers should only be compelled to release user data when ordered by judicial authorities certifying necessity and proportionality to achieve a legitimate objective. The Criminal Code of Canada requires law enforcement to submit requests for the disclosure of telephone records in criminal investigations to a judge for approval. In Portugal, the authorities must obtain a judicial order to compel the disclosure of communications data. However, national law often exempts user data requests from judicial authorization. In Bangladesh, the authorities require only executive branch approval to access communications data belonging to telecommunications subscribers on the grounds of national security and public order.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Other
- Paragraph number
- 19
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