The Commissioner for Information of Public Importance and Personal Data Protection issued to the Ministry of Trade, Tourism and Telecommunications the opinion on the Draft Bylaw on the Requirements for Devices and Programme Support for Lawful Interception of Electronic Communications and Technical Requirements for Compliance with the Duty to Keep Data on Electronic Communications.

The Commissioner's opinion is that the Bylaw (with its proposed content) should not be passed. Such Commissioner's opinion is based on the fact that the Draft Bylaw also provides for a number of issues which cannot be regulated by secondary legislation, as well as that it contains arrangements which are incompliant with and contrary to the Constitution, the Law on Electronic Communications and the Law on Personal Data Protection. According to the Commissioner, the adoption of such Bylaw would imply great, both potential and actual, risk of jeopardizing many citizens' rights to privacy, secrecy of communications and personal data protection.

Emphasizing that those issues which, according to the Constitution, can and must be regulated exclusively by the law, the Commissioner suggested to the Minister to open a broad public debate with the aim of amending the applicable or enactment of the new Law on Electronic Communications.