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Regulations On The Control Of Communication, Room Monitoring And Data Readout (Communication Control Regulation)

Original Language Title: Forskrift om kommunikasjonskontroll, romavlytting og dataavlesing (kommunikasjonskontrollforskriften)

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Regulations on the control of communication, room monitoring and data readout (communication control regulation) date FOR-2016-09-09-1047 Ministry of Justice and emergency Ministry Published in 2016 booklet 12 entry into force 09.09.2016 last modified the Change FOR-1995-03-31-281 applies to Norway Pursuant law-1981-05-22-25-section 216 k Announced at 09.09.2016. 14.30 short title Communication control regulations Chapter overview: Chapter 1. General provisions (§ § 1-11) Chapter 2. Control scheme for communication control (§ § 12-19) Chapter 3. Information on communication control etc. have been made (sections 20 to 22) Chapter 4. Entry into force (section 23) legal authority: Provided by URkgl.res. 9. september 2016 under the legal authority of the law 22. May 1981 No. 25 of the rules of procedure in criminal cases (code of criminal procedure) section 216 k. Promoted by the Ministry of Justice and the emergency response.

Chapter 1. General provisions § 1. Prosecutors will determine whether to requested the Court's consent to the communication control after code of criminal procedure § 216a and 216b section, room monitoring for criminal procedure law § 216 m and data read-out after the criminal procedure § 216o. Prosecutors hit even the decision whether the communications control, room monitoring and data readout in urgent cases by criminal procedure law § 216d. The decision with justification as to why the haste skill is used, shall as soon as possible, and no later than within 24 hours after the control was begun, be submitted to the Court for approval. This is true even if its use is compulsory means ended before the case can be submitted to the Court. The deadline ends at a time outside the Court's regular office hours, extended the deadline to the right open again.
When the police hit the decision or ask for the Court's consent to the communications control, room monitoring and data reading, the Chief of police decides the question.

§ 2. The decisions that after the regulations here are added to the Chief of police, can also get hit by display the Chief of police. In politimesterens absence can the permanent backup make the decision. When politimesterens fixed alternate takes the decision, should the decision as soon as possible be submitted to the Superintendent for approval. With the written consent of first the district attorney can decide that the Chief of police also other of the prosecution and the PNA officials in leading positions to have the same expertise that politimesterens fixed alternate.

§ 3. Copy of any petition and order for communication control, room monitoring and data readout to along with the Court's ruling and the supporting documents without delay is sent directly to the Attorney General. The first paragraph does not apply to matters covered by the EOS-kontrolloven, jf. Code of criminal procedure § 216h the first paragraph, second sentence.

§ 4. When the police crave technical assistance by the owner or provider of network or service for the control of communication facilities, to the police, the person in charge of the exhibit the owner or provider a prescribed form that indicates the ruling or prosecution and the PNA order-where there is consent to such control. The person in charge shall be by design to verify that the form is presented. Confirmation to be safely returned to the relevant police district. Forevisningen and endorsement confirming the forevisningen can happen online as long as this may be carried out in the proper manner. The police are responsible for the control carried out in accordance with the Court's order or prosecution and the PNA order. The owner or provider of the Web should not even retain the copy of the request or develop individualized list of requests for communication control.

§ 5. Communication control, room monitoring and data reading should be stopped prior to the expiration of the time limit that is set in the Court's ruling, if the criteria for obsessive-compulsive means the use is no longer believed to be fulfilled or it is no longer deemed appropriate.

section 6. Control of communications facilities can only be made by the police, government officials and police officers that the Police Commissioner appoints. The Superintendent determines how phone control to take place. The control should preferably take place in police premises.
In matters concerning the violation of the criminal law chapter 17 or law on the control of the export of strategic goods, services and technology, etc. section 5, Chief of police at the risk of the person stay after consultation with the military authority, decide that the communication control on military service location or area undertaken by the military captains.

section 7. By communication control, room monitoring and data readout to the police lead a protocol that provides information about: 1. hjemmelen for obsessive-compulsive means the use, 2. the prosecution's petition for the Court's permission to use coercive means, or prosecution and the PNA decision by the use of emergency skills and subsequent petition for the Court's approval, 3. the Court's ruling, 4. petition for and received assistance from the owner or provider of network or service with confirmation as mentioned in section 4, second sentence , or from other organs, 5.
specification of the communication system, computer system or user accounts compulsory means the use is directed to (by, respectively, the communication control and data reading) or what technical means which is utilized (at room monitoring), 6.
When the obsessive-compulsive means the use started, 7.
any extension of the deadline for compulsory means the use, 8.
forced the cessation e, 9.
tilintetgjøring, jf. Code of criminal procedure § 216g and the regulations section 9.

By your reading to it, in addition to the information referred to in the first paragraph, also Protocol successfully: 1. what kind of data is read, such as emails, text files, photos, movies, encryption solutions and password, 2. when any equipment that is used by data reading is located and removed, 3. whether or not it is used technical devices, hardware or software, data read, 4. whether it is committed to implement the physical breaking and entering data read ,

5.
whether the police have broken or circumvented in the data protection system, 6.
What are the risks computer system has been subjected to by the ratings, and information about what has been done to avert the danger of operating obstruction or for damage to equipment or data, as well as the risk that someone as a result of the implementation is set able to obtain unwarranted access to your computer system or protected information, 7.
any known damage data has caused the read data system, 8.
the personnel who conducted the data read.

Original documents should be kept together with the Protocol. The Protocol and the original documents should be kept under the rules of the protection the instruction unless it is specifically decided that the information should be kept in a more reasonable way. They shall not be destroyed even if the case is closed.

section 8. Calls or other communications that lines are tapped, or data that it reads will be saved on the prudent and appropriate way. It can be a record of the conversations that are being tested, with information about the number, which is set in conjunction with the controlled phone, the time of calls, samtalenes main content, etc. The same is true as far as it suits by other forms of communication control.

§ 9. The sharing of data, recordings or other reproduction of a controlled phone call or other communication which is of no importance for the prevention or investigation of criminal matters, should be destroyed as soon as possible. The same applies to information that the Court after the criminal procedure § 117 to section 120 and § 122 will not be able to claim his or her testimony about, unless he or she is suspected of violating criminal bid that could have given independent basis for the control. Data, recordings or reproductions that apply to violations of other penalties than those that could have given independent basis for the control, shall also be destroyed if it has been more than 3 months after the recording was made and further investigation is not initiated. Other data, recordings or reproductions are contained under the rules of the protection the instruction as long as this is considered necessary due to prevention or investigation. When there are specific to particular, material is kept in a more reasonable way.
The Superintendent should ensure that the data, recording and renderings will be immediately destroyed when they are no longer to be kept according to the rules in the preceding paragraphs.


§ 10. The Chief of police shall as soon as possible, and no later than four weeks after the end of each quarter, submit reporting to the Attorney General with information on communication control, room monitoring and data readout that has taken place or that have been filed for or ordered in his or her district in that quarter. It has not been utilized such coercive, it shall be informed within this same deadline. Innberetningen shall include a briefing on the implementation and results of the obsessive-compulsive means the use, as well as the impact it has had for the investigation. It should also be stated if it is come forward information about the violation of other penalties than those that could have given independent basis for such coercive means use, and whether the information in the case is used in the prevention or investigation. Furthermore, it should be stated if it is failed notification, jf. Code of criminal procedure § 216j, and whether it has taken place the ingress in a computer system. The Attorney General sends innberetningen and documents as mentioned in section 3, with any comments, to Control the selection of communication control. The Attorney General is reviewing innberetningene and report every year to the Justice Department the number of cases where the communications control, room monitoring or data reading has taken place or has been filed for or ordered, what kind of control that have been made, how many phone number, IMEI number, network addresses, or other communications facility that is identified controlled, if it has taken place the ingress in a computer system, how many computer systems or user accounts that are captured , which police districts who are responsible for the cases and the results that are achieved or are expected to be achieved through the control. The report will be anonymous.
Copy of the report, with any comments should be sent to Control the selection of communication control.
The Ministry may obtain further information about the police and prosecution's treatment of issues of communication control, room monitoring and data reading, both in General and with regard to specific cases.
This paragraph does not apply to matters that are covered by the law on the control of intelligence, surveillance and security service (EOS-law), cf. Code of criminal procedure § 216h the first paragraph, second sentence.

section 11. Police Registry law and police regulations for registry applies to information that is provided by the communications control, room monitoring and data reading so far it suits.

Chapter 2. Control scheme for communication control section 12. Issues covered by the EOS-kontrolloven, are exempt from the rules in this chapter, cf. Code of criminal procedure § 216h the first paragraph, second sentence.

section 13. Control scheme for communication control consists of at least three members and one or more deputies who joins the selection in due case. The head of the Committee to meet the requirements of the Supreme Court justices. The term is 4 years at a time.

section 14. The Committee should make sure that the police use of communication control, room monitoring and data reading going on within the framework of the law and instructions, that forced the use be limited the most, and that it does not happen for the sake of investigation in other cases than those mentioned in the code of criminal procedure § 216a, 216b 216 m section, section and section 216o. The selection will be including in particular have for eye the individual's rule of law. The Committee should make sure that the information that the police have gotten by the communications control, room monitoring and data reading, only being used on the legal way, and that the rules on the storage and of material are followed. The Committee should also make sure that the provisions about confidentiality.
Police Registry law § 60 first paragraph first sentence and second paragraph comes to application. This means that the Committee can issue an order on internal control and information security, cf. Police Registry law section 15 and section 16. For other conditions that are subject to control selection can only give notice.

section 15. The Committee shall go through the innberetninger, and reports that it receives from the Attorney General, cf. § 10. Within its jurisdiction, jf. section 14, to the Committee after petitions from individuals or organizations make sure that the information about the person in question has been processed in accordance with the code of criminal procedure, police registry law and the regulation here.
The Committee can, incidentally, on its own initiative take up any matter or any conditions in relation to the police and the prosecution's use of communication control, room monitoring and data reading as it finds reason to treat. The Committee should especially concentrate on including the conditions that have been the subject of public review or critique.
Prosecutors may not submit ongoing individual cases for the selection.

section 16. Police and prosecutors are to give the Committee the information, documents, tapes, etc. about obsessive-compulsive means the use as the selection for the sake of its control function deems necessary. The Committee can summon for questioning any of the police and prosecution and the PNA officials, and others who assist by forced means the use. Those who questioned has a duty to explain himself for selection without regard to confidentiality.

§ 17. In cases under section 15 the second paragraph to the Committee give it that has petitioned the control notification of the result of treatment in the form of a conclusion that does not reject has motivated the petition for control either gives or doesn't give reason for criticism against the police or prosecutors. If the Committee find reason to criticize the police or prosecutors, to the matter reported to the Attorney General and the Justice Department. The Committee shall each year to give the Justice Department reporting about their business and otherwise, can at any time provide special reporting to the Ministry about the individual cases concerning the communications control, room monitoring and data reading.

§ 18. The Committee is an independent control organ. The Committee decide its method of working and assuming the necessary secretarial help. The selection can including search assistance of the Ministry of Justice. Registrar's remuneration will be determined in the individual and the case of the Ministry of Justice.

§ 19. The Committee's members, its Secretaries and others who perform work for the selection, clearance by the rules in the code of criminal procedure § 216i. Confidentiality shall apply even after the case is closed, but shall not preclude that information is used as part of the control, or to provide information in accordance with Chapter 3. The Committee's head, or the range give such authority, can communicate externally about a case is under investigation, or whether it has finished processing, and whether it has been the basis for criticism or not. The Committee's members and secretaries can provide general statements about the Committee's business. By the way, they may not pronounce themselves in public.

Chapter 3. Information on communication control etc. have been made to section 20. On the conditions that are mentioned in the code of criminal procedure § 216j, any after the petition is given notification of whether or not he or she has been subject to eavesdropping, room monitoring or data read-out. If it can not be given notification of the that it has been made, the communication control room monitoring or data reading because the person is not registered or because the exception provisions of the code of criminal procedure § 216j applies, it shall be given a rationale that does not signify that there is a registration, cf. Police Registry Law § 54, third paragraph.

§ 21. The Attorney General shall cause a register of everyone who is or has been subject to eavesdropping under section 216a or § 216b, room monitoring under section 216 m or read-out data under section 216o. The registry should have information about the suspect's name and date of birth, police district which made the control room the conversation or data read, the number or the like and when forced means the use was in progress. Everyone has the right to know the types of information that is included in the registry. In response to such a request shall be given immediately.

§ 22. Petition for notification as mentioned in the code of criminal procedure § 216j to be sent to Control the selection of communication control. When processing the petition for notification applies to police registry law § 59 and police registry Regulation § 42-4 equivalent for control selection with the clarifications provided by the regulations here. The Attorney General and the relevant police district will be at the request immediately give control the selection of the information that is needed to answer the call.
Before the control selection gives enlightenment that forced its use has occurred, the means to police during the directed. If notification to the suspects going to unnlates for reasons that are mentioned in the code of criminal procedure § 216j the first paragraph, the police must make sure that the things the Court's ruling be submitted to control the selection within the deadline Control Committee has set.

Chapter 4. Entry into force § 23. The regulation will take effect immediately. From the same time repealed regulations 31. March 1995 No. 281 of communication control.