Lawful Interception of Telecommunications in Kosovo: Security Implications


Përgjimi Ligjor i Telekomunikimeve në Kosovë: Implikimet për Sigurinë

Kosovar Center for Security Studies (KCSS)


Shpend Kursani


Building upon the current multitude security actor environment and legislative set-up, this paper assesses the interception of telecommunications in Kosovo as a sensitive, yet very effective measure of investigation. It elaborates in detail the current problems pertaining to interception of telecommunications which include the legislative gaps, the overlap created by poorly defined authority over the execution of orders of interception of telecommunications and the lack of cooperation not only between the domestic and international security institutions present in Kosovo but within the domestic security institutions as well. The analysis is not limited to the security institutions per se; the paper further extends on to the procedures and cooperation that exist between the security institutions and the telecommunications operators as well as their capabilities and infrastructural set-up which are important in preventing misuse of private data throughout the process of lawful interception of telecommunications. Based on the policy objectives that this paper draws, policy recommendations are provided which in general and among other things include the enhancement of the current legislation, the establishment of a central system that would boost cooperation between all the security actors, the introduction of new and advancement of current inspection and monitoring mechanisms. The implementation of the recommendations would ensure an effective lawful interception of telecommunications on the one hand and protection of privacy as a fundamental human right on the other hand.