Disputing unlawful surveillance of your communications

  • Find it in the Law:
    Law on Interception of Telecommunications
  • Who is responsible:
    Office of the State Prosecutor and court system. All of the requests for surveillance must be filed through the office of the State Prosecutor and then submitted to a judge. These two institutions are responsible to make sure that there is legal basis to wiretap your electronic communications.
  • Who can help me:
    Commissioner for Oversight of Process of Electronic Communications is a mechanism established within the institutional structure of the Kosovo Judicial Council as a kind of an overview mechanism for electronic surveillance practices. This mechanism is responsible to conduct a yearly overview of the legality of electronic surveillance and report to the Kosovo Judicial Council and the Office of the State Prosecutor on the breaches identified. However, its conclusions have no judicial effect. Further legal support may be found through the court system or through the Ombudsperson Institution in Kosovo.

Let’s say that you find out that your electronic communications have been unlawfully wiretapped by the public institutions, without the proper approval of a court. You should know that the Law on Interception of Telecommunications sets out some procedures and internal mechanisms of control to make sure that your rights are not violated. The Law specifically outlines that the protection of the rights of those under surveillance is based on respect for human rights and freedoms as foreseen in the constitution and European Convention for Human Rights and the Constitution of Kosovo. Also according to the law, your electronic communications may not be wiretapped unless you are under investigation for a criminal procedure or represent a threat to the national security of the country, and if there is no court approval. Any other wiretapping conducted unofficially and without such legal basis could allow you to seek an investigation and file a lawsuit against the perpetrators.

  

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