LexLint.ioBeta

Know the law your code answers to.

Law / Czech Republic

Act No. 127/2005 on Electronic Communications, Section 89(1) and (2), Confidentiality of Communications

Zákon č. 127/2005 Sb., § 89 odst. 1 a 2

In force since .

An interception and recording consent rule binding private bodies.

Obligation class
Consent, Prohibition

As of .

What it requires

  • If you provide a public communications network or a publicly available electronic communications service, ensure, technically and organizationally, the confidentiality of messages and of the related traffic and location data transmitted over your network and services.NIST Privacy FrameworkPR.DS-P2
  • Do not allow eavesdropping, storage of messages or other interception or monitoring of messages and related data by anyone other than the users without the consent of the users concerned, unless a law provides otherwise; technical storage of data necessary for the transmission of messages is not prevented.NIST Privacy FrameworkCT.PO-P1

These lines are LexLint's reading of the law's text, as of .

In the frameworks

NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
  • PR.DS-P2Data-in-transit are protected.
FINOS AIGF

Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Who enforces it

Settledness

As of
Open questions
Does the duty of Section 89(1) of Act No. 127/2005, addressed to businesses that provide publicly available electronic communications services, reach the operator of an application or website that carries messages between its users?

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 89(1) requires businesses that provide public communications networks or publicly available electronic communications services to ensure, technically and organizationally, the confidentiality of messages and of the related traffic and location data transmitted over their public network and services.

In particular, they must not allow eavesdropping, storage of messages or other interception or monitoring of messages and the related data by persons other than the users, without the consent of the users concerned, unless a law provides otherwise. This does not prevent the technical storage of data that is necessary for the transmission of messages.

Section 89(2) defines a message as any information exchanged or transmitted between a finite number of subscribers or users through a publicly available electronic communications service, other than information carried as part of public radio or television broadcasting that cannot be attributed to an identifiable subscriber or user.

When LexLint raises it

When your app profile says your app provides telecom services.

Back to the example  ·  Lint your app