133. Regulation of the Federal Minister of Justice on the amendment of the Ordinance on monitoring costs-ÜKVO

Due to § 94 (2) of the Telecommunications Act 2003, BGBl. I 70/2003, as last amended by the Federal Law BGBl. I n ° 102/2011 shall be assigned in agreement with the Federal Minister for Transport, Innovation and Technology and the Federal Minister for Finance:

The monitoring costs regulation-ÜKVO, BGBl. II No 322/2004, as last amended by the BGBl Regulation. II No 261/2009, shall be amended as follows:

1. In the title, after the word "Message delivery" an inversion and the phrase "Information on data in the supply of data" inserted.

2. § 1 (1) reads:

(1) The replacement of the costs of the participation of a provider (§ 92 paragraph 3 Z 1 TKG) in the exchange of information on the master and access data in accordance with § 76a (2) of the StPO, on the data of a communication and on data on data and on the monitoring of Messages pursuant to Section 135 (2) to (3) of the StPO are to be asserted and determined in accordance with the provisions of this Regulation.

3. In § 1 para. 2, in the first sentence before the quote "§ 138 (3) of the StPO" the citation "§ 76a para. 2 StPO and" and in the second sentence in the parenthesis "76a para. 2" precede the quote "138 (3)".

4. In § 1 para. 3, in the first sentence, after the word "Action" the phrase "for reasons of call number porting or" and in the second sentence after the word "Action" the phrase "for reasons of call number porting or" inserted.

5. In § 2 Z 2, the expression "mediation data" by the expression "traffic data" replaced.

6. In § 2, in the Z 7 at the end of the sentence, the point is replaced by a stroke, and the following Z 8 and 9 are added:

" 8.		"identification of data in the data" means the determination of the data subject to an exchange of information in accordance with Section 134 (2a) of the StPO;
9.		"Determination of strain and access data" means the determination and information of the data subject to an information exchange according to § 76a (2) of the StPO. "

7. In § 4, in the first sentence, after the word "Message delivery" an inversion and the phrase "on Data on Data" inserted and in the last sentence the quote "§ 134 Z 2 or Z 3 StPO" by quoting "§ 134 Z 2 to Z 3 StPO" replaced.

8. In § 8, the title of the expression "mediation data" by the expression "traffic data" , in Z 1 of the expression "mediation data" by the expression "traffic data" and in Z 2 the expression "mediation data" by the expression "traffic data" replaced.

9. According to § 8, the following § § 8a and 8b and headlines are inserted:

" Determination of data

§ 8a. The cost of identifying data is as follows:

a)

Setup

Euro 64,00

b)

Evaluation per monitored day

Euro 06,50

c)

for the data scanning in connection with the investigation of

Call numbers or subscriber identifiers based on IMEI or IMSI

Numbers or public IP addresses

Euro 60,00

Determination of stem and access data

§ 8b. The costs for the identification of master and access data are Euro 40,00. "

10. The following paragraph 4 is added to § 13:

" (4) The title and the § § 1, 2, 4, 7, 8, 8a and 8b in the version of the ordinance of the Federal Minister of Justice on the amendment of the Surveillance Cost Ordinance-ÜKVO BGBl. II No 133/2012 will enter into force on 1 April 2012. "

Karl