Competent authority

The Danish Courts

Basis in law

The Administration of Justice Act Section 804.

(1) In connection with the investigation of an offence which is subject to public prosecution or a case of violation of an order as referred to in section 2(1) para. 1 of the Act on Restraining, Exclusion and Removal Orders, a person who is not a suspect may be ordered to produce or hand over objects (discovery), if there is reason to presume that an object of which that person has the disposal may serve as evidence, should be confiscated or, by the offence, has been procured from someone who is entitled to claim it back. When an order is imposed on a business enterprise, section 189 shall apply correspondingly to others who have gained insight into the case due to their association with the enterprise.

(2) If an object has been handed over to the police following an order of discovery, the rules of seizure according to section 803(1) shall apply correspondingly.

(3) If, without any order to this effect, an object has been handed over to the police for the reasons mentioned in subsection (1) above, section 807(5) shall apply. If a request for return of an object is made, and the police do not grant the request, the police shall as soon as possible and within 24 hours submit the case to the court with a request for a seizure order. In that case section 806(4), 2^nd sentence, and subsection (6) 1^st sentence, shall apply.

(4) An order of discovery may not be issued if it will produce information on matters about which the individual would be exempted from testifying as a witness according to sections 169-172.

(5) The Minister of Justice may issue rules on financial compensation in special cases for costs relating to the fulfilment of an order for discovery.

If different for subscriber information

Danish law differentiates between static and dynamic IP-addresses:

• An ISP is obligated to produce information that can identify the user of a static IP-address without a court order
• An ISP is obligated to produce information that can identify a user of a dynamic IP-address only in accordance with a court order as stated above

If different for traffic data

Yes – such request are subject to chapter 71 regarding legal interception telecommunications of the Danish Administration of Justice act.

This means that it is only possible to obtain traffic data when the case concerns an offence, which under the law can result in imprisonment for six years or more.

There are few exceptions to this rule for example cases regarding child sexual abuse material.

Form

Court order.

Competent authority

The police request the service provider or others to preserve the data.

Basis in law

The Administration of Justice Act Section 786a.

(1) In connection with an investigation in which electronic evidence may be of importance, the police may impose orders on providers of telecom networks or services to  arrange for  emergency protection of electronic data, including traffic data.

(2) An order of emergency protection under subsection (1) above may solely comprise electronic data stored at the point in time when the order is imposed. The order must state the data that must be secured and the period for which they must be secured (the period of protection). The order must be limited to comprise solely the data estimated to be necessary for investigation and the protection period must be as short as possible and no more than 90 days. An order of this nature may not be extended.

(3) Providers of telecom networks or services are responsible for ensuring as part of the protection under subsection (1) without undue delay that they pass on traffic data concerning other telecom network or service providers whose networks or services have been used in connection with the electronic communication that may be of importance for the investigation.

(4) Violation of subsections (1) and (3) above is punishable by a fine.

If different for subscriber information

Section 786a of the Administration of Justice Act cover all kinds of electronic data.

If different for traffic data

Section 786a of the Administration of Justice Act cover all kinds of electronic data.

Form

No specific templates are used for the request of preservation.

Definition of emergency situation

The Danish administration of Justice Act in regards to most legal measures states that if the purpose of the measure would be forfeited if a court order were to be awaited, the police can make the decision to initiate the measure without awaiting a court order. In most cases the police is then obligated to as soon as possible, and at the latest within 24 hours, bring the case before the court, which in the form of a court order decides if the measure can be approved.

Obligation to cooperate

Obligation of secrecy

Telecommunications networks and service providers are subject to rules of confidentiality.

According to section 7 of the Act on Electronic Communications Networks and Services the owners and providers of electronic communications networks or services and the employees and former employees may not unjustifiably forward or take advantage of information that they have obtained through their involvement in the networks or services about others’ use of the networks or services.

This framework on confidentiality is, inter alia, applicable in cases where police expeditiously order providers of telecommunications networks or services to preserve data.

Non respect of the obligation of secrecy

The sections on penalty for breach of confidentiality in the Criminal Code are equally applicable to persons who are employed or have been employed by an owner of a provider of electronic communications network or service or a person that carry out tasks for such a network or service provider.

Exception