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Criminal Investigation Bureau, National Police Agency

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FAQs

Publish Date：2008-05-21

Update Date：2008-05-21

Units：Criminal Investigation Bureau

Do the police personnel engage in illegal interception? (The Criminal Investigation Bureau) ?
  1. Do the police personnel engage in illegal interception? (The Criminal Investigation Bureau)
    • Given that the Communications Protection and Interception Act (hereinafter referred to as the Act) provides stringent stipulations governing the critical elements and procedure on communications interception, and unless in the presence of specific crime cases the act stipulates, it is not permitted to petition for a running a wiretap; therefore, the police institution, in support of the need to gather or investigation evidence for processing criminal cases, may only following the act in compliance with legally designated critical element to file a report with the prosecutor to petition with the court for issuing a communications interception order, by which to carry out communications interception as required by law, and may not conduct illegal interception, or else it is liable to shoulder the criminal liability.
    • If reckoning there are illegal conducts, please present relevant material evidence of the police to investigate and process the case, and if the investigation found the police personnel to be allegedly involved in illegal matters, which will be subject to stringent scrutiny and processing as required by law.
  2. Do the local communications providers produce any subscriber end telecommunications call records?  How long are the records retained?  (The Criminal Investigation Bureau)
    • Per stipulated by the “Telecommunications Enterprise Subscribers Inquiry of Telecommunication Records Operating Measures” (hereinafter referred to as the Measure) the Directorate General of Telecommunications, Ministry of Transportation and Communications has on June 24, 2005 announced, when a telecommunications enterprise subscriber inquires for whose own telecommunication transmission records, the application procedure, data supply method, duration of supply, inquiry fee and remittance deadline and so forth are to be implemented per the telecommunications enterprise’s business rules and regulations and per relevant contractual stipulations; when inquiring the subscriber’s received communications records, it is to be implemented per the measures, whereby the subscriber is to file an application at the telecommunication enterprise’s service window, stating also the telephone number to be inquired, perimeters of the call transmitting area, communication dates and staring and ending times and so forth; the telecommunication enterprise shall verify the subscriber data without any discrepancy before it is to accept the request.
    • As stipulated by Article 4 of the act, the period the telecommunication enterprises’ communication records is as follows (retroactively counting from the inquiry acceptance date):
      • Inner city communication records:  Within to the most recent three months.
      • International and local long-distance communication records:  Within to the most recent six months.
      • Mobile communication records:  Within to the most recent six months.
      • Type-II telecommunication enterprise communication records:  per stipulations set forth in the Type-II Telecommunication Enterprise Management Rules.
    • Of the various inquiry fees for Type-I telecommunication enterprises’ accepting reception communication records, the telecommunication enterprises are to formulate and adjust the fees per stipulations set forth under article 7 of the measures.