Amendment Of The Telecommunications Act 2003

Original Language Title: Änderung des Telekommunikationsgesetzes 2003

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6. Federal law amending the Telecommunications Act 2003

The National Council has decided:

The Telecommunications Act 2003 (TKG 2003), BGBl.  I n ° 70/2003, as last amended by the Federal Law BGBl.  I n ° 134/2015, shall be amended as follows:

1. According to the phrase "§ 53 (3a) Z 1 SPG" , the phrase "and § 11 paragraph 1 Z 5 Police State Protection Act-PStSG, BGBl shall be added to the phrase" § 53 (3a) Z 1 SPG ".  I No 5/2016 " inserted.

2. In Section 93 (3), the phrase "News and the information on data of a message" is replaced by the phrase "News, which provides information about data of a message". Message transmission and information on data pursuant to § 11 para. 1 Z 7 PStSG " .

3. In Section 94 (1), the first sentence reads:

" (1) The provider shall be obliged, in accordance with the regulations issued in accordance with paragraphs 3 and 4, to provide all facilities for the monitoring of messages and for information on the data of a communication According to the provisions of the StPO as well as for information on data according to § 11 paragraph 1 Z 7 PStSG are required. "

4. In Section 94 (2), the first sentence reads:

" (2) The provider is obligated to monitor news and information about data of a message delivery in accordance with the provisions of the StPO as well as to the information on data pursuant to § 11 paragraph 1 Z 7 PStSG in the to the extent necessary. "

5. In § 94, para. 4, first sentence, the phrase "StPO and the SPG" is replaced by the phrase "StPO, the SPG, and the PStSG" .

6. In § 99, in paragraph 1, second sentence, the phrase "StPO and the SPG" is replaced by the phrase "StPO, the SPG, and the PStSG" , in paragraph 5 Z 3 after the phrase " § 53 3a and 3b SPG " the phrase " as well as § 11 para. 1 Z 5 PStSG " and in Z 4 after the phrase " § 53 paragraph 3a Z 3 SPG " the phrase " as well as § 11 para. 1 Z 5 PStSG " and at the end of the Z 4 the point shall be replaced by a stroke, and the following Z 5 shall be added:

"5.

Traffic data, access data, and location data in accordance with § 11 paragraph 1 Z 7 PStSG."

7. The following paragraph 8 is added to Article 137:

" (8) § 90 (7), 93 (3), 94 (1), (2) and (4) and 99 (1) and (5) in the version of the Federal Law BGBl.  I No 6/2016 will enter into force on 1 July 2016. "

Fischer

Faymann