Amendment Of The Code Of Criminal Procedure 1975, And Of The Security Police Act

Original Language Title: Änderung der Strafprozessordnung 1975 und des Sicherheitspolizeigesetzes

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33. Federal Law, with which the Code of Criminal Procedure in 1975 and the Security Police Act are amended

The National Council has decided:

table of contents

Item

Subject matter

1

Amendment of the Code of Criminal Procedure

2

Amendment of the Security Policy Act

Article 1

Amendment of the Code of Criminal Procedure in 1975

The Code of Criminal Procedure in 1975, BGBl. No. 631/1975, as last amended by the Federal Law BGBl. I No 1/2011, shall be amended as follows:

1. In accordance with § 76, the following § 76a including the heading is inserted:

" Information on stem and access data

§ 76a. (1) Providers of communications services shall provide information at the request of criminal police authorities, public prosecutors and courts relating to the investigation of the specific suspicion of an offence of a particular person. Master data of a participant (§ 90 paragraph 7 TKG) obligated.

(2) The same applies to the order of the Public Prosecutor's Office (§ 102) for information on the following data of the owner of the technical facility concerned mentioned in § 99 para. 5 Z 2 TKG:

1.

Name, address and subscriber identification of the participant to which a public IP address was assigned at a given time, indicating the underlying time zone, unless this assignment is to record a larger number of subscribers ,

2.

the subscriber identification assigned to the subscriber when email services are used;

3.

the name and address of the participant to whom an e-mail address was assigned at a given date; and

4.

the e-mail address and the public IP address of the sender of an e-mail.

The provisions of § § 138 (5) and (139) shall apply in accordance with the provisions of this Regulation. "

2. The title of the 5. Section is:

"Seizure of letters, information on the data of a communication, information on the data of the data and the monitoring of messages and of persons"

§ 134 shall be amended as follows:

(a) Z 2 is:

" 2.

"Information on the data of a communication" means the granting of information on traffic data (§ 92 (3) Z 4 TKG), access data (§ 92 (3) (4a) TKG), which are not subject to an order pursuant to § 76a (2), and location data (§ 92 (3) Z 6) TKG) of a telecommunications service or of a service of the information society (Section 1 (1) (2) of the Law on Notification of Notification), "

(b) After Z 2, the following Z 2a is inserted:

" 2a.

"Information on data supply" means the granting of information on data to be stored by providers of public communications services in accordance with section 102a (2) to (4) of the TKG and which are not subject to information pursuant to Section 99 (2) of the TKG (German Act), "

c) Z 5 is:

" 5.

"Result" (the seizure, information or surveillance referred to under Z 1 to 4) of the contents of letters (Z 1), the data of a message transmission, data of data or of the content of transmitted messages (Z 2 to 3) and the image or sound recording of a surveillance (Z 4). "

Section 135, together with the title, is amended as follows:

(a) The title of § 135 reads as follows:

"Seizure of letters, information on the data of a communication, information on the data and the monitoring of messages"

(b) In paragraph 2, the following Z 4 shall be inserted after Z 3:

" 4.

if it is to be expected, on the basis of certain facts, that the presence of a fugitive or absenteel person who has committed a criminal offence committed intentionally, with more than one year's imprisonment, as a matter of urgency, is likely to is to be determined. "

(c) The following paragraph 2a is inserted after paragraph 2:

"(2a) Information on data in the form of data (§ § 102a and 102b TKG) is permitted in the cases referred to in paragraph 2 (2) (2) to (4)."

(d) In paragraph 3, z 4:

" 4.

in the cases referred to in paragraph 2 (4). "

5. In § 137, in para. 3 after the quote "§ 135 (2)" the citation "and 2a" inserted.

6. § 138 shall be amended as follows:

(a) In paragraph 1, in the last sentence, the citation shall be "§ § 135 (2) and (3) and 136" by the quotation "§ § 135 (2) to (3) and 136" (136) replaced.

(b) In paragraph 2, in the last sentence after the citing "(§ 135 (2))" the twist "and on data on data (Section 135 (2a))" inserted.

(c) In paragraph 5, in the first sentence, the citation shall be "§ § 135 (2) and (3) and 136" by quoting "§ § 135 (2) to (3) and 136" replaced.

7. In § 140 (1) Z 4, the quote shall be: § § 135 (1), (2) (2) and (3), (3) (3) (2) to (4) " by quoting § § 135 (1) (2) (2) to (4) (2a), (3) (2) to (4) " replaced.

8. In § 144, paragraph 3, last sentence, the quote shall be "§ § 135 (2) and (3) and 136" by quoting "§ § 135 (2) to (3) and 136" replaced.

9. In § 145 (3), the quote "§ § 135 (2) and (3) and 136" by quoting "§ § 135 (2) to (3) and 136" replaced.

(10) § 147 is amended as follows:

(a) In paragraph 1, the following Z 2a shall be inserted after Z 2:

" 2a.

the information on the data in accordance with section 135 (2a), "

(b) In paragraph 3, the citation shall be " 1 Z 3 to 5 " by quoting " 1 Z 2a to 5 " replaced.

11. § 381 (1) Z 5 reads:

" 5.

the costs of securing, providing information on bank accounts and banking transactions or the seizure of letters, information on the data of a communication, information on data on data and the supervision of messages pursuant to § § § § § § § § § § § § § § § § § § § § § § § § § § § § 111 (3), 116 (6), last sentence, and 138 (3), in so far as these investigative measures have made a significant contribution to the clarification of the act; "

12. § 514 is added to the following paragraph 15:

" (15) § § 76a, 134 Z 2a and 5, 135, 137 (3), 138 (1), (2) and (5), 140 (1) (4), 144 (3), 145 (3), 147 (1) and (3) and 381 (1) (1) (5), as amended by the Federal Law, BGBl. I No 33/2011 will enter into force on 1 April 2012. "

13. The table of contents before § 1 is amended as follows:

(a) The title of the 5. Section in 8. The main item is:

Section 5

Seizure of letters, information on the data of a communication, information on the data of the data and the monitoring of messages and of persons

(b) § 135 reads:

" § 135 the seizure of letters, information on the data of a communication, Information on inventory data and monitoring of news "

Article 2

Amendment of the Security Policy Act

The Federal Act on the Organization of the Security Administration and the Exercistion of Security Police (Security Police Act-SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I n ° 133/2009, shall be amended as follows:

(1) In Article 53, paragraphs 3a, 3b and 3c shall read:

" (3a) The security authorities are entitled to use public telecommunications services (Section 92 (3) (1) of the Telecommunications Act 2003-TKG 2003, BGBl). I n ° 70) and other service providers (§ 3 Z 2 E-Commerce-Gesetz-ECG, BGBl. I n ° 152/2001).

1.

the name, address and subscriber number of a particular terminal where this is necessary for the performance of the tasks assigned to them under this Federal Law,

2.

via the Internet protocol address (IP address) to a specific message and the time of its transmission if it is the essential prerequisite for the defence

a)

a concrete danger to the life, health or freedom of a person within the framework of the first general assistance obligation (§ 19),

b)

a dangerous attack (§ 16 (1) (1) (1)) or

c)

of a criminal link (§ 16, paragraph 1, Z 2),

3.

on the name and address of a user who was assigned an IP address at a given time when it is the essential condition for the defence

a)

a concrete danger to the life, health or freedom of a person within the framework of the first general assistance obligation (§ 19),

b)

a dangerous attack (§ 16 (1) (1) (1)) or

c)

of a criminal link (§ 16 para. 1 Z 2),

also

if the use of data in accordance with section 99 (5) Z 4 iVm § 102a TKG 2003 is required for this purpose,

4.

the name, address and subscriber number of a particular connection by reference to a call made by that connection by means of the designation of a period as precise as possible and of the passive subscriber number where this is necessary for the fulfilment of the the first general aid requirement or the prevention of dangerous attacks is required.

(3b) If it is to be assumed, on the basis of certain facts, that there is a present danger to the life, health or freedom of a person, the safety authorities shall be entitled to provide assistance or to prevent such danger, from operators public telecommunications services, information on location data and the international mobile subscriber identification (IMSI) of the terminal equipment carried by the person at risk, even if it is the use of data in accordance with § 99 5 Z 3 iVm § 102a TKG 2003 is required, as well as technical means to To use the localization of the terminal equipment.

(3c) In the cases referred to in paragraphs 3a and 3b, the safety authority shall be responsible for the legal admissibility of the request for information. The requested authority shall be obliged to provide the information without delay and in the case of paragraph 3b against the replacement of the costs under the Surveillance Cost Ordinance (ÜKVO, BGBl). II No 322/2004. In addition, in the case of paragraph 3b, the safety authority shall immediately submit a written documentation to the operator, at the latest within 24 hours. In the cases of paragraph 3a (3) (3) and (3b), the security authority is obliged to inform the person concerned that information on the assignment of his name or address to a specific IP address (§ 53 (3a) (3) (3)) or to the person concerned is required to inform the person concerned. Location-based information (§ 53 (3b)) was obtained, provided that the use of data in accordance with § 99 (5) Z 3 or 4 iVm § 102a TKG 2003 was required. The legal basis, as well as the date and time of the request, must be notified to the person concerned and can be known as far as possible. The information concerned may be deferred as long as it would be at risk for the purpose of the investigation, and it may not be possible if the person concerned has already been shown to be aware of it or if the information of the person concerned is impossible. "

2. The previous § 53 para. 3c receives the sales designation "(3d)" .

2a. In Section 53 (4), the word order shall be "Apart from the cases referred to in paragraphs 2 to 3b" through the phrase "Apart from the cases of paragraphs 2 to 3b and 3d" replaced.

3. In § 91c (1) the third sentence reads as follows:

" In addition, the legal protection officer is responsible for requesting information (§ 53 (3a) Z 2 to 4 and 3b), the information concerned (§ 53 para. 3c), the use of technical means for the localization of a terminal (§ 53 para. 3b) and the use of Identification marking devices (§ 54 para. 4b) to be informed of the ehestPossible. "

4. The following sentence is added to section 91c (1):

"The legal protection officer shall be responsible for examining the notifications made pursuant to this paragraph."

5. In § 91d (3) the word "authorized" by the word "obligated" replaced.

(6) The following paragraph 30 is added to § 94:

" (30) § § 53 (3a), 3b, 3c, 3d and (4), 91c (1) and § 91d (3) in the version of the Federal Law BGBl. I No 33/2011 will enter into force on 1 April 2012. "

Fischer

Faymann