Hacking Safeguard 4 Judicial Authorisation

Prior to carrying out a hacking measure, government authorities must make an application, setting forth the necessity and proportionality of the proposed measure to an impartial and independent judicial authority, who shall determine whether to approve such measure and oversee its implementation. The judicial authority must be able to consult persons with technical expertise in the relevant technologies, who may assist the judicial authority in understanding how the proposed measure will affect the target system and systems generally, as well as data on the target system and systems generally. The judicial authority must also be able to consult persons with expertise in privacy and human rights, who may assist the judicial authority in understanding how the proposed measure will interfere with the rights of the target person and other persons.