Competent authority

Police or the district court

Basis in law

A witness is required to produce document or other evidence. If she or he refuses to reveal it the questioning shall be conducted in court. (Chapter 7, sections 8 and 9 of the Criminal investigation Act).

At the request of a commanding police officer the police has the right to obtain any information necessary to prevent or investigate an offence. The police has the right to obtain from a telecommunications operator and a corporate or association subscriber on request contact information about a network address that is not listed in a public directory or data identifying a network address or terminal end device if the information is needed to carry out police duties. Similarly the police has the right to obtain postal address information from organisations engaged in postal services. (Chapter 4, section 3 of the Police Act).    

If different for subscriber information

If different for traffic data

Form

Competent authority

An official with the power of arrest (a prosecutor or a higher police official usually heading the investigation)  

Basis in law

If, before the search of data contained in a device, there is a reason to assume that data that may be of significance for the clarification of the offence is deleted or is changed, an official with the power of arrest may issue a data retention order (Chapter 8, section 24(1) of the Coercive Measures Act). 

If different for subscriber information

The provision in question doesn’t make any difference between the types of data. 

If different for traffic data

Form

On request a written certificate shall be given of the order, detailing the data that is the object of the order

Definition of emergency situation

The definition of “emergency situation” is not included in the legislation. It might be interpreted so that it covers at least an imminent danger to life or health. Also the situations related to crime prevention have to be taken into account.    

Obligation to cooperate

According to provisions of Chapter 5 of the Police Act police may be authorized to use methods of gathering intelligence to prevent offences and dangerous situations.    

Obligation of secrecy

The necessary secrecy of the investigation has been secured by many provisions (Chapter 4, section 15 and Chapter 11, section 5 of the Criminal Investigation Act and provisions of the Act on the Openness of Government Activities) 

Non respect of the obligation of secrecy

Depending on the case many criminal law provisions may be applicable (among others Chapter 38, sections 1 and 2 of the Criminal Code concerning secrecy offence and secrecy violence and provisions of Chapter 40 of the Criminal Code concerning offences in office)   

Exception

There are many exceptions and preconditions mentioned in the legislation related to the person in, the phase of the proceedings and information in question.