The operators of mobile telephony informed the Agency for Personal Data Protection and Free Access to Information that investigative judges issue orders for exemption of retained data for the entire territory of Montenegro, or for particular towns, also for longer time period, even 54 days.
The Agency established all relevant facts by controlling that mobile telephony operator, and asked for a meeting with representatives of Supreme Court, Judicial Council, Supreme State Prosecutor's Office and Police Department. The Agency representatives introduces reasons for concern for personal data to be taken massively in this manner, and without valid legal ground. The representatives of the Agency pointed out that under Constitution, Law on Personal Data Protection and Criminal Procedure Code there is no legal ground for retained data to be exempted from mobile telephony operator for all the users who in that period used these networks. Apart from the data of citizens of Montenegro, within this range there is also data from foreigners, who, in the mentioned period, used services of mobile telephony in Montenegro.
After the meeting, the Criminal Division of Supreme Court brought a legal opinion that the investigative judge cannot issue an order for delivering data on electronic communication traffic for the whole territory of Montenegro or particular municipalities. It is also explained that the registered owner or user of means of telecommunication carried out, is carrying out or will carry out criminal offences for which he is being prosecuted in the line of duty, based on order of investigative judge, for discovering the perpetrator and collecting evidence, or for locating or identifying persons and the search for the person who is on the run, or persons for whom an international arrest order is issued, the police can: