JOINT ORDER OF SERVICE OF INFORMATION AND SAFETY OF THE REPUBLIC OF MOLDOVA

of September 15, 2020 No. 53/405/83/307

About approval of Regulations about procedure for the organization and implementation of special search activities in networks of electronic communications

Based on part (2) Articles 16, parts (6) article 18 of the Law No. 59/2012 on special search activities, part (3) article 20 of the Law No. 241/2007 on electronic communications, Chapter III of part 5 of the Code of penal procedure, for the purpose of ensuring accomplishment of objectives by the bodies performing special search activities and also method of effective and operational vendor interaction of networks and/or services of electronic communications, according to the principle of legality and observance of fundamental human rights and freedoms, realizing that results of special search activities in networks of electronic communications are important remedy of interests of homeland security and public order, for the purpose of prevention and investigation of crimes, protection of the rights, freedoms and advantage of other people, and also obstacles of distribution of information with limited access are DECIDED:

1. Approve Regulations about procedure for the organization and implementation of special search activities in networks of electronic communications it (is applied).

2. This order becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

3. To service of information and safety of the Republic of Moldova, the Ministry of Internal Affairs, Customs Service and the National center for fight against corruption within five days from the effective date of this order to appoint/approve the employees responsible for ensuring vendor interaction of networks and/or services of electronic communications in case of the organization of special search events in networks of electronic communications and to tell their data to suppliers of networks and/or services of electronic communications.

4. In day of entry into force of this order the joint Order of Service of information and safety of the Republic of Moldova, the Ministry of Internal Affairs, Center for fight against economic crimes and corruption No. 44, of 249, 91 of 14.07.2008 "About approval of the Instruction about procedure for the organization and conducting investigation and search operations in networks of electronic communications" voids (The official monitor of the Republic of Moldova, 2008, No. 134-137/383).

Appendix

to the joint Order of Service of information and safety of the Republic of Moldova, the Ministry of Internal Affairs, National center for fight against corruption and Customs Service

Regulations about procedure for the organization and implementation of special search activities in networks of electronic communications

I. General provisions

1. These Regulations are developed based on the Law No. 59/2012 on special search activities, the Code of penal procedure of the Republic of Moldova, the Law No. 241/2007 on electronic communications, other regulations regulating procedure for the organization and holding special search events "Listening and record of negotiations", "Monitoring of the connections relating to cable and electronic messages", "Information collection from service providers of electronic communications", "Identification of the subscriber, owner or user of system of electronic communications or point of access to information system".

2. Special search events in networks of electronic communications (further - special search events) are performed with respect for the principle of legality, observance of human rights and freedoms and rules of confidentiality according to provisions of article 8 of the European convention on human rights protection and fundamental freedoms, the International requirements and rules of the user introduced by Resolutions of the Council of the European Union of January 17, 1995 about legal listening of telecommunications (96/C 329/01) and No. 9194/01 of June 20, 2001 about operational needs of law enforcement agencies of rather public telecommunication networks and the services ENFOPOL 55, of the Convention of the Council of Europe of rather information crime of November 23, 2001, articles 4 and 30 of the Constitution of the Republic of Moldova, the Code of penal procedure of the Republic of Moldova, the Law No. 59/2012 on special search activities, Law No. 753/1999 on Service of information and safety of the Republic of Moldova, Law No. 320/2012 on activities of Police and status of the police officer, Law 283/2011 on Boundary police, Law No. 1104/2002 on the National center for fight against corruption, Law No. 302/2017 on Customs Service, other regulations and these Regulations.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info