Data Retention and Criminal Procedure in Serbia

The use of information technology enables state authorities to prosecute perpetrators and process personal data on an unprecedented scale and in an unimaginable way, in the course of taking measures and actions to prevent, detect and investigate criminal acts. One of the disputed processing is the nonselective mass monitoring of electronic communications in the form of retention of communication data, which, given the technological development and social importance of electronic communications, can on occasion reveal more about an individual than the content of the communication itself. This form of data processing represents interference with guaranteed human rights and freedoms, and need to be legally regulated in order to prevent their violation. The authors analyze the legal framework for retention of communication data and access to retained data for the purposes of criminal proceedings in Serbia, especially in light of the relevant practices of the CJEU and ECtHR.