One of the most effective investigative tools the police may have in any investigation, is accessing the phone records of a suspect. To that end, there is legislation in place which allows the police to attain a Court order, permitting access of various records.
However, the Supreme Court of Cyprus, in a landmark ruling delivered in 2021, decided that the legislation currently in place was contrary to relevant EU Directives and was thus deemed unconstitutional. Therefore, the police seemingly no longer have the right to ask for the Court orders mentioned above and seek permission to access telecommunication data from Service Providers.
It must be mentioned though that based on Law 92(I)/1996, the police may still gain access to a suspect's phone records kept locally on his mobile device, if that device is in the police's possession.
The legal intricacies pertaining to telecommunication data are therefore complexed. Where the police have managed to gain orders permitting access, either to records kept on a local device or to data stored by Service Providers (and which include location records), the suspect may be able to quash (or set aside) these orders by way of application to the Supreme Court (known as an order of certiorari).
These procedures, before the Supreme Court, must be brought without undue delay and within 45 days of the order. Therefore the suspect who wishes to attempt to quash such an order, must act swiftly.
Dimitris Lochias
Criminal Law Advocate - Lawyer
*Dimitris Lochias is a lawyer who specialises in the criminal law and human rights issues and is a Member of the Cyprus Bar Association. He practices in criminal & extradition law in all levels of Cyprus' Courts, including the Supreme Court, District Courts and in the Sovereign Base Area (SBA) Courts of Episkopi & Dhekelia.
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