{
  "url": "https://openlegislation.uk/eu-decision-2019-419/annex-2/division-2/division-II/division-A/division-1/division-a",
  "json_url": "https://openlegislation.uk/eu-decision-2019-419/annex-2/division-2/division-II/division-A/division-1/division-a.json",
  "legislation": "eudn/2019/419",
  "legislation_title": "Commission Implementing Decision (EU) 2019/419 of 23 January 2019 pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the adequate protection of personal data by Japan under the Act on the Protection of Personal Information (notified under document C(2019) 304) (Text with EEA relevance) (revoked)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2019-419",
  "path": "annex/2/division/2/division/II/division/A/division/1/division/a",
  "kind": "division",
  "number": "(a)",
  "heading": "Legal bases",
  "text": "According to Article 35 of the Constitution, the right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon a warrant issued for ‘adequate cause’ and particularly describing the place to be searched and things to be seized. Consequently, the compulsory collection of electronic information by public authorities in the context of a criminal investigation can only take place based on a warrant. This applies to both the collection of electronic records containing (personal) information and the real-time interception of communications (so-called wiretapping). The only exception to this rule (which however is not relevant in the context of an electronic transfer of personal information from abroad) is Article 220(1) of the Code of Criminal Procedure, according to which a public prosecutor, a public prosecutor's assistant officer or a judicial police official may, when arresting a suspect or \"flagrant offender\", if necessary carry out a search and seizure \"on the spot at the arrest\".\nArticle 197(1) of the Code of Criminal Procedure provides that compulsory measures of investigation \"shall not be applied unless special provisions have been established in this Code\". With respect to the compulsory collection of electronic information, the relevant legal bases in this regard are Article 218(1) of the Code of Criminal Procedure (according to which a public prosecutor, a public prosecutor's assistant officer or a judicial police official may, if necessary for the investigation of an offense, conduct a search, seizure or inspection upon a warrant issued by a judge) and Article 222-2 of the Code of Criminal Procedure (according to which compulsory measures for the interception of electronic communications without the consent of either party shall be executed based upon other Acts). The latter provision refers to the Act on Wiretapping for Criminal Investigation (Wiretapping Act), which in its Article 3(1) stipulates the conditions under which communications relating to certain serious crimes can be wiretapped based on a wiretapping warrant issued by a judge.\nRegarding the police, the investigate authority lies in all cases with the Prefectural Police, whereas the National Police Agency (NPA) does not conduct any criminal investigations based on the Code of Criminal Procedure.",
  "extent": "E+W+S+N.I.",
  "status": "repealed",
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Decision revoked (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 1(t) (as inserted by S.I. 2020/1586, regs. 1(2), 6(2)(d)); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2019/419/annex/2/division/2/division/II/division/A/division/1/division/a",
    "retrieved_at": "2026-11-01T15:12:47.764354+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}