📋 Tender Overview
On 5 January 2023 the Ministry of Justice received a partial decision by which the Constitutional Court of the Republic of Slovenia annulled the regulation of the IMSI catcher in the Criminal Procedure Act on 1 December 2022 namely in the part relating to its use for identification of means of communication.These are cases where the police do not have information about the phone number or mobile phone used by the suspect to communicate in connection with a certain serious crime. On the basis of knowledge of this data it is possible to use other covert investigative measures e.g. wiretapping against the suspect provided of course that other constitutional and legal conditions are also met.The decision in question highlights the problem of effective judicial decision-making in the case of massive interference with the communication privacy of people who are not at all related to the alleged perpetrator of the crime.The Ministry of Justice will carefully examine the said decision which is quite extensive especially from the point of view of ensuring an effective subsequent judicial review of the constitutional and legal conditions for encroachment on the right to information and communication privacy which the Constitutional Court of the Republic of Slovenia points out in its reasoning.From the point of view of the operation of the police the decision of the Constitutional Court of the Republic of Slovenia has no direct effects as the Constitutional Court of the Republic of Slovenia previously temporarily suspended the regulation it annulled in this decision which means that from the adoption of the amendment to the Criminal Procedure Act ZKP-N Official Gazette of the RS No. 2229 was not used in practice.In 2019 SDS and Left MPs filed a request for an assessment of the constitutionality of the regulation of this IMSI catcher as part of a broader assessment of the constitutionality of the amendment to the Criminal Procedure Act.
