Monitoring Costs Regulation - Ükvo

Original Language Title: Änderung der Überwachungskostenverordnung - ÜKVO

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133. Regulation of the Minister of Justice about the change of the monitoring costs regulation - ÜKVO

On the basis of section 94 para 2 of the Telecommunications Act 2003, BGBl. I 70/2003, as last amended by Federal Law Gazette I is no. 102/2011, in agreement with the Federal Minister for transport, innovation and technology and the Minister of finance prescribed:

Monitoring costs regulation - ÜKVO, Federal Law Gazette II No. 322/2004, as last amended by regulation Federal Law Gazette II No. 261/2009, is amended as follows:

1. in the title, after the word "Communication", a comma used and inserted the phrase "the information on retained data".

2. paragraph 1 section 1:

(1) the reimbursement of the costs for the participation of a party (article 92 para. 3 Z 1 TKG) of information about master and access data in accordance with § 76a paragraph 2 StPO, article 135 paragraph 2 or 3 is about data of a mail flow and stock data as well as the monitoring of messages according to StPO to claim under the provisions of this regulation and to determine.

3. in section 1, paragraph 2 is in the first set before the quote "§ 138 para. 3 StPO" the quote "section 76a paragraph 2 StPO and" and preceded in the second set in the parenthetical expression "76a para 2" the quote "138 para 3".

4. in article 1, par. 3 be the phrase in the first sentence after the word "Measures" "reasons the number porting or" and in the second sentence after the word "Measures" the phrase "reasons the number porting or" inserted.

5. in article 2, the expression "Transfer data" No. 2 is replaced by the expression "Traffic data".

6. in article 2 is in the Z 7 at the end of the sentence the point replaced with a semi-colon and following Nos. 8 and 9 added: "8"determination of retained data"the determination of those data which are subject to Z 2a StPO of a disclosure according to section 134;"

"9"Discovery of master and access data"the identification and information of those data which are subject to section 76a paragraph 2 StPO of a disclosure."

7 in section 4 is used in the first sentence after the word "Messaging" a comma and inserted the phrase "user data" and in the last sentence the quote "§ 134 No. 2 or Z 3 StPO" by the quote "section 134 Z 2-Z 3 StPO" replaced.

8. in article 8 the expression "Transfer data" in the heading the expression "Transfer data" the expression "Transfer data" the term "Traffic data", in replace Z 1 by the expression 'Traffic data' and no. 2 by the expression "Traffic data".

9. after article 8 following articles 8a and 8B with headers being added:

"Determination of retained data

§ 8a. The cost for the determination of stock data is: a) establishment euro 64,00 b) evaluation monitored daily euro 06,50 c) for the rasterization of data relating to the identification of numbers or subscriber identifiers based on IMEI or IMSI - numbers or public IP addresses Euro 60,00 determination of master and access data

section 8 b. The discovery of master and access data costs Euro 40.00."

10 the following paragraph 4 is added to § the 13:

"(4) the title and articles 1, 2, 4, 7, 8, 8a and 8B as amended by the regulation of the Federal Minister of Justice relating to the modification of the monitoring costs regulation - ÜKVO BGBl. II Nr 133/2012 1 April 2012 into force."