The Supreme Court has allowed a person being investigated for illegal access to information systems, illegal interference with data and illegal interception, to file an application for a certiorari privileged writ, to determine the legality of an order allowing access to his telecommunications data, the court said on Friday.
In its decision on Thursday, the Supreme Court said that prima facie the offences under investigation did not fall within the concept of a serious offence, which would justify access to telecommunications data.
The order to investigate the telecommunications data was issued by the Nicosia district court in April. The suspect was arrested in June, remanded for four days and then released. He was later informed of the order and requested permission to apply for a certiorari.
The defence lawyer said such orders can be issued in cases of serious offences, which carry a prison sentence of at least five years. His client’s offences, the lawyer said, did not fall within this category.
The court clarified that it was not examining the substance of the case, but that there was a prima facie issue that allowed for the procedure to begin.
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