Investigative and operational actions are activities undertaken by the authorities to gather information, prevent crimes, and ensure national security.
The law allows certain investigative and operational actions during criminal proceedings and in situations where there is a pressing need to protect other legitimate interests, such as national security or protection against terrorism. Investigative and operational actions can, for example, be the seizure of electronic data in a computer or covert video surveillance.
The aim of these actions is to collect and examine private information about individuals for certain legitimate purposes. For example, this information may be used as evidence in criminal proceedings.
Legitimate aims
However, these actions must be carried out lawfully in order not to violate the human right to private life. Therefore, both investigative and operational actions must be prescribed by law and must serve legitimate purposes, such as:
- the prevention, detection and prosecution of crime
- the prevention of disorder and public safety
- the protection of other persons
- ensuring the security of the State against internal and external threats
The necessity and proportionality of these actions have to be examined as well in each particular case.
Investigative actions
Investigative actions can only be performed during criminal proceedings and are listed in the Criminal Procedure Act. They are divided into:
General investigative actions – undertaken by law enforcement authorities in the prevention of crimes and carried out by informing you shortly before the performance of these actions. For example, the search and seizure of electronic data in a computer.
Special investigative actions – undertaken by security agencies in protection of national security and carried out without notification in order to secure the opportunity to collect the needed information. For example, collecting vital information from your communication via phone would not be effective in practice, if the police informed you of their intentions first. Each measure requires a judge's written order, typically initiated by a public prosecutor, ensuring legal grounds for implementation.
Operational actions
Operational actions are a broader concept. Operational actions can be carried out either in the course of the criminal proceedings or in cases of national security (such as combating terrorism etc.). The performance of operational actions is usually covert and is only allowed if there are no other alternative means for protecting legitimate interests.