Repeal Of Provisions Of The Telecommunications Act 2003, The Code Of Criminal Procedure 1975, And Of The Security Police Act By The Constitutional Court

Original Language Title: Aufhebung von Bestimmungen des Telekommunikationsgesetzes 2003, der Strafprozeßordnung 1975 und des Sicherheitspolizeigesetzes durch den Verfassungsgerichtshof

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_44/BGBLA_2014_I_44.html

44. Proclamation of the Federal Chancellor on the legal provisions of the Telecommunications Act 2003, the code of criminal procedure 1975, and of the Security Police Act by the Constitutional Court

In accordance with article 140 para 5 and 6 B-VG and according to § 64 para 2 of the Constitution Court of Justice Act 1953, BGBl. No. 85, is published:

The Constitutional Court has recognized 70/2012, 71/2012, rightly G with knowledge announced on 27 June 2014, G 47/2012, G 59/2012, G 62/2012:



"I.
In the Federal law, a telecommunications law is issued with the (Telecommunications Act 2003 - TKG 2003), BGBl. I no. 70/2003 as amended by Federal Law Gazette I no. 27/2011, the following provisions as unconstitutional be lifted: − article 92 para. 3 Z 6 (b);

− Article 93 paragraph 3 the phrase "including retained data";

− in article 94, paragraph 1 the phrase "including the information about stock data";

− in section 94, paragraph 2 the phrase "including the information about stock data";

− in section 94 (4) the phrases "including the transmission of retained data," and "as well as the detailed provisions regarding the storage of logs produced in accordance with section 102 c";

− in article 98, paragraph 2 the phrase ', even if this access in accordance with Article 102a par. 3 No. 6 lit. d stock data is required";

− Z 2 in § 99 paragraph 5 the phrase ", even though these as stock data pursuant to section 102a para 2 subpara 1, para 3 No. 6 lit. a and b or § 102 a par. 4 Z 1, 2, 3 and 5 at the latest six months before the request were saved,"− Z 3 in § 99 paragraph 5 the phrase", even if for this purpose access in accordance with § 102 a para 3 No. 6 lit. d stock data is required";

− in § 99 para 5 Z 4 the consequences of the word "also" and "as stock data pursuant to section 102a, paragraph 2 Z 1 or Article 102a, paragraph 4 Nos. 1, 2, 3 and 5";

− Article 102a;

− section 102 (b);

− section 102c para 2, 3 and para. 6;

− Article 109, paragraph 3 the Z 22, 23, 24, 25 and 26.

II. section 134 Z 2a and article 135 paragraph 2a of the code of criminal procedure (StPO), Federal Law Gazette 1975 No. 631/1975, where version BGBl. I become no. 33/2011, repealed as unconstitutional.

III. the Federal Act on the Organization of the security management and the exercise of the security police (Sicherheitspolizei law - SPG), BGBl. No. 566/1991, the following provisions are repealed: 1 in § 53 para 3a No. 3 as amended by Federal Law Gazette I no. 33/2011, the phrase "even if for this purpose, the use of retained data in accordance with § 99 paragraph 5 is needed, Z 4 iVm § 102a TKG 2003";

2. in article 53, par. 3 b as amended by Federal Law Gazette I no. 13/2012, the phrase ", even if for this purpose is the use of retained data in accordance with § 99 para 5 Z 3 conjunction with section 102a TKG 2003 required";

IV. previous statutory provisions not again come into force."

Faymann