Supreme Court rewrites warrant rule for communications surveillance

The Supreme Court revised its rule on communications-restriction warrants, expanding the group of investigative bodies that may submit and receive related materials.

The revision was made to reflect changes in institutional names, the entities empowered to request communications-restriction measures and the relocation of provisions under the amended Communications Secret Protection Act, along with related tidying of the rule's articles, the court said.

The revised rule, which took effect the same day it was promulgated, adds investigators from the Corruption Investigation Office for High-ranking Officials to the entities that may submit materials when seeking approval to preserve electronic communications.

Under the revision, prosecutors' offices, the investigation office and special prosecutors are collectively referred to as "requesting agencies," and the High Prosecutors' Office is renamed the "regional prosecution office." Reports on the results of discarded electronic communications are now to be sent by investigation office prosecutors or judicial police officers, and the entities subject to emergency data provision now include investigation office prosecutors, judicial police officers and prosecutors. References to the legal basis for requests for communications-confirmation data were also updated.

The revision applies to cases under investigation or pending in court at the time it took effect, though actions carried out under the previous rules remain valid. Cases that prosecutors may investigate under the transitional provisions of the amended Criminal Procedure Act, and special prosecutors, their deputies and dispatched prosecutors appointed under other laws, may continue to request communications-restriction measures under the previous rules.

The rule was promulgated as Supreme Court Rule No. 3287 and signed by Chief Justice Cho Hee-dae.