Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Cyprus

Interception, recording and transcription of telecommunications (101)

1. MEASURE IMPLEMENTATION

Cyprus

Is this measure possible in your Member State under International Judicial Cooperation?

See paragraph (2) below.

2. LEGAL FRAMEWORK

Cyprus

International legal framework applicable for this measure in your Member State

(a) International judicial cooperation is governed by the International Cooperation on Criminal Matters Law 23(I)/2001. According to this Law, a foreign country (M.S. of the E.U. or any other country which has signed a cooperation agreement/treaty with Cyprus) may send a letter of request to Cyprus and the other way around, for the purposes of obtaining any evidence etc which is necessary for an ongoing investigation or criminal trial (service of documents, hearing of witnesses, obtaining any other evidence). Cyprus may execute the request if it is satisfied that a criminal investigation or trial is pending in the requesting country, provided that the requested action is not prohibited by the Cyprus Constitution or by another International Convention on human rights which was ratified by Cyprus. (b) Regarding ‘Interception, recording and transcription of telecommunications’, according to Article 17 of the Constitution of the Republic of Cyprus, every person has the right to respect for, and to the secrecy of, his correspondence and other communication, provided that such other communication is made through means not prohibited by Law and that there shall be no interference with the exercise of this right unless the interference is permitted under the Law in the following cases: A. Imprisoned or detained persons. B. Following a Court Order issued in accordance with the provisions of the Law, at the request of the Attorney General, and that this interference constitutes a measure in a democratic society, necessary only to the interest of the security of the Republic or the prevention, investigation or prosecution of the following serious criminal offences: a. Premeditated murder or manslaughter, b. Trafficking of adults or minors and offenses related to child pornography, c. Trafficking, supply, cultivation and production of drugs, psychotropic substances or dangerous drugs, d. Offenses related to the currency of the Republic of Cyprus and e. Corruption offenses for which, in case of conviction, a penalty of five years imprisonment or more is provided C. Following a Court Order, issued in accordance with the provisions of the Law, to investigate or prosecute serious criminal offenses for which in case of conviction, a penalty of five years of imprisonment or more is provided; and the interference concerns access to the data of electronic communication, related to movement and location and the related data necessary to identify the subscriber or user. In accordance with the above legal framework, the “Protection of Secrecy of Private Communications (Interception of Communications and Access to Recorded Content of Private Communication) Law 92(I)1996” as amended, provides for the right of Law enforcement authorities for interception of telecommunications as well as for access to recorded content of private communication, as follows: Regarding interception, Article 6 of the above mentioned Law provides that interception is only allowed following a Court Order, issued on application (ex parte) of the Attorney General of the Republic after a relevant request of the Chief of Police or the Director of the Customs and Excise Department. The Attorney General may submit such application only if he is satisfied that such interception may provide evidence as to the commission of a crime. Such application or approval may be issued, only for imprisoned or detained persons or where the communication was produced through means prohibited by Law.

3. COMPETENT AUTHORITY TO:

Cyprus

* receive the request/decision for judicial cooperation

Ministry of Justice and Public Order.

* execute/recognise the measure (if other than the receiving authority)

Ministry of Justice and Public Order.

4. ACCEPTED LANGUAGES

Cyprus

Accepted languages for the request/decision

Not specified

5. EXECUTION DEADLINE

Cyprus

Deadlines for the execution of the request/decision (where applicable)

Not specified

6. CONCISE LEGAL PRACTICAL INFORMATION

Cyprus

a. Special requirements

None

b. Other useful information

None

Last reviewed on 3 July 2017 by EJN Secretariat
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