Amendments to the Communication Security and Surveillance Act (通訊保障及監察法) on Friday passed a third reading at the legislature, allowing prosecutors to access network traffic records for investigative purposes.
The amendments to the act, one of four bills to combat fraud, were passed unanimously.
The amendments define “network traffic records” as the telecom device identification data, Internet protocol addresses, location information, communication time, quantity of data usage, domain names, application service types and protocols, and other records that do not involve communication content.
Photo: CNA
Prosecutors may apply to courts for a warrant to access the Internet traffic records if there are facts leading to the belief that a user’s records and information are relevant to the investigation of a case, the amendments say.
Judicial police officers may also obtain access warrants after filing a request to prosecutors.
The amendments also revised the access restrictions on communication records and user information, and broadened offenses.
The restriction limiting prosecutors’ access to communication records when investigating “an offense that would face the maximum principal punishment of imprisonment of three years or more” was abolished.
In addition, offenses against computer security, the Anti-infiltration Act (反滲透法), and the Presidential and Vice-Presidential Election and Recall Act (總統副總統選舉罷免法) were included in the amendments allowing prosecutors to access communication and Internet traffic records.
The Child and Youth Sexual Exploitation Prevention Act (兒童及少年性剝削防制條例), Counter-Terrorism Financing Act (資恐防制法), National Security Act (國家安全法), Human Trafficking Prevention Act (人口販運防制法), and the fraud prevention act — which passed a third reading as well on the same day — were also included in the amendments’ application.
Other offenses and regulations include the offense of financing of terrorism under the Counter-Terrorism Financing Act (資恐防制法), and offenses of aggravated false imprisonment and aggravated fraudulence under the Criminal Code, the amendments say.
Meanwhile, the amendments stipulate that telecoms and postal services are obliged to assist with communication surveillance.
Telecoms are obliged to store communication records and user information and assist the authorities in accessing them, they say.
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