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

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44. Revocation of the Federal Chancellor concerning the repeal of the provisions of the Telecommunications Act 2003, the Criminal Procedure Code 1975 and the Security Policy Act by the Constitutional Court

According to Art. 140 (5) and (6) B-VG and in accordance with Section 64 (2) of the Constitutional Court Act 1953, BGBl. No. 85, is made known:

On 27 June 2014, the Constitutional Court has rightly recognized G 47/2012, G 59/2012, G 62/2012, G 70/2012, G 71/2012, as proclaimed:

" I.

In the federal law, which enacted a telecommunications law (Telecommunications Act 2003-TKG 2003), BGBl. I n ° 70/2003, as amended by the BGBl version. I n ° 27/2011, the following provisions shall be repealed as unconstitutional:

Section 92 (3) Z 6b;

in section 93 (3), the phrase "including data on data";

in section 94 (1), the phrase "including information on data in the supply of data";

in section 94 (2), the phrase "including information on data in the supply of data";

in section 94 (4), the phrase "including the transmission of data," and "as well as the more detailed provisions relating to the storage of the protocols made pursuant to § 102c";

in Section 98 (2), the phrase ", even if it is accessed pursuant to § 102a (3) (6) (6) (6) (6). d stored data is required ";

in Section 99 (5) (2), the phrase " even if it is the data of the data in accordance with § 102a (2) (1), (3) (3) (6) (6) lit. a and b or § 102a (4) (1), (2), (3) and (5) shall be stored at the latest six months before the request, "

in § 99 (5) (3) the phrase ", even if it is an access on the basis of § 102a (3) (6) (6) (lit). d stored data is required ";

in Section 99 (5) (4), the phrase "also" and "as data in the form of data pursuant to section 102a (2) (1) or (4) (4) (1), (2), (3) and (5)";

§ 102a;

§ 102b;

Section 102c (2), (3) and (6);

In § 109 (3), the Z 22, 23, 24, 25 and 26.

II.

§ 134 Z 2a and Section 135 (2a) of the Criminal Procedure Code 1975 (StPO), Federal Law Gazette (BGBl). No 631/1975, as amended by BGBl. I No 33/2011, are being repealed as unconstitutional.

III.

In the Federal Act on the Organization of the Security Administration and the Exercistion of the Security Police (Security Police Act-SPG), BGBl. No 566/1991, the following provisions shall be repealed:

1.

In Section 53 (3a) Z 3 of the BGBl version. I n ° 33/2011, the phrase "even if it is necessary for the use of data in accordance with § 99 (5) (4) (4) of the iVm § 102a TKG 2003";

2.

in Section 53 (3b) of the BGBl version. I n ° 13/2012, the phrase "even if it is necessary for the use of data in accordance with § 99 (5) (3) of the iVm § 102a TKG 2003,";

IV.

Previous legal provisions do not enter into force again. "

Faymann