357/2012 Sb.
The DECREE
of 17 December. October 2012
about the storage, transmission and disposal of traffic and location data
The Ministry of industry and trade, in agreement with the Ministry of the Interior establishes the
According to § 150, paragraph. 3 of Act No. 127/2005 Coll., on electronic
roads and amending certain related laws (the law on the
electronic communications), as amended by law no 310/2006 Coll., Act
No 110/2007 Coll. and Act No. 468/2011 Coll., to implement section, paragraph 97. 4
the law on electronic communications:
§ 1
For the purposes of this Ordinance means
and the) base station the base station a public communications network
(b)) the base station the base station Start, through which the
the user is connected to the public communications network at the start of
communication,
(c)) the base station the base station Stop, through which the
the user is connected to a public communications network in their
communication,
(d)) ID IMSI international identifier of the Subscriber public
mobile communications network operator, allocated
(e) mobile device unique identifier) number assigned to the
your mobile device in the production,
(f)), the MAC address of a network device identifier of a user on the linked
layer,
(g)) ID e-mail log marking
standardized application of the Internet Protocol for the transmission of messages
electronic mail or for access to the Clipboard, e-mail
h) indication of the access point of the unique designation of the point, which
through the user is wirelessly connected to the Internet,
I) port number identifier used in Internet protocols to
the resolution of the application involved in the communication endpoint
j) IP address identifier, which is used for Internet protocols
to uniquely identify an endpoint and is unique in the time of the communication,
the operator code identification number) certificate of the legal or
natural person providing a public communications network or provides
publicly available electronic communications service in the register
entrepreneurs in electronic communications under general permissions
led by Czech Telecommunications Office pursuant to section 14 of the Act on
electronic communications,
l) indication of the user's unique identification code of the participant concerned, or
registered users of Internet communications services and
access to the Internet,
m) service that allows calls to telephone service, including voice services,
voice mailbox, the call transfer supplementary services, and
Redirect calls or conference calls, and reporting service
SMS text message or multimedia message, MMS,
n) destinations destination public electronic communication network foreign
the operator,
about) the number assigned to the phone number to the end point of the network electronic
communications, which has been raised publicly available service
electronic communications,
p) callers call originator or communication, including text messages
SMS and MMS multimedia messages,
q) answering a call or the recipient of the communication, including text messages
SMS and MMS multimedia messages.
§ 2
The scope of the retention of traffic and location data
(1) for public telephone networks shall be kept with the circuit switched
These traffic and location data (hereinafter "data"):
and) the calling telephone number and answering, phone numbers
participated in the Conference call, the phone cards used
in the public telephone,
(b)) the start date and time of the communication,
(c)) the length of the communication,
(d) the date and time to send) SMS text messages,
e) used telephone service pursuant to section 1 (b). m),
(f) communication, status)
(g)), additional information referred to in paragraph 4, if it is not available to any of the
the data referred to in point (a)), or to paragraph 5.
(2) in the case of public mobile telephone networks, shall keep the information referred to
in paragraph 1, with the exception of the identifier phone cards. It is further
stores
and) identifier of the calling and called IMSI,
(b) mobile equipment identifier) of the calling and answering,
(c)) date and time to send MMS multimedia messages,
(d) the designation of the base station Start) and base station Stop,
(e)), additional information referred to in paragraph 4, if it is not available to any of the
the data referred to in paragraph 1 (b). and, with the exception of the identifier) of the phone
card, or to paragraph 5.
(3) in the case of electronic communications networks with packet switching networks
keep the following information
and) for Internet access services from a fixed connection
1. type of connection
2. phone number or user ID,
3. user account identifier,
4. the MAC address of the device, users of the service,
5. start date and time and their connection to the Internet,
6. the name of the access point for wireless connection to the Internet,
7. the IP address and port number from which the connection was made;
(b)) for Internet access services of mobile connection
1. type of connection
2. the user's phone number,
3. the identifier of a mobile device,
4. start date and time and their connection to the Internet,
5. the designation of the base station the base station Start and Stop,
6. IP address and port number from which the connection was made;
(c)) access to the service's e-mail mailbox
1. the IP address and port number from which the connection was made,
2. user account identifier,
3. the date and start time to connect to your e-mail mailbox,
4. date and time of their connection to an e-mail mailbox,
5. electronic mail protocol identifier;
(d)) for messaging services and electronic mail
1. the IP address, and source and destination port number transmitted messages,
2. the date and time the message is sent,
3. the e-mail address of the sender,
4. the e-mail addresses of the recipients,
5. the status of the transmission of the message,
6. electronic mail protocol identifier;
(e)) for IP telephony service
1. the IP address and port number of the source device,
2. the IP address and port number of the target device,
3. the transport protocol
4. date and time of the start and end of the communication,
5. the additional information referred to in paragraph 4, if no data available
identifying the caller or the called subscriber's or any of the data
in accordance with paragraph 5;
(f)) for Internet access services pursuant to subparagraph (a)), or (b)) with translation
IP addresses
1. private IP address,
2. the public IP address and port number, or the allocated port range
3. date and time of commencement addresses,
4. date and time of their resolution.
(4) additional data in paragraph 1 (b). (g)), para. 2 (a). (e)).
3 (b). e) point 5) destination or the country of origin code for the
incoming international calls,
(b)) code of the operator of the linked public communications networks or
provider of publicly available telephone services provided by the
through the link,
(c) the name of the legal person) or the name, or first and last names
entrepreneurial natural persons to ensure that non-public communications network and its
the identification number.
(5) for the nets referred to in paragraphs 1 to 3 shall also retains the name,
where appropriate, the name and surname and address of the Subscriber or registered
the user specified in the contract or the address of the location of the telecommunications
the end of the device.
(6) shall be kept
and information on all public) payphones with details of their
phone number, registration number, geographical coordinates in the
The world the entire reference system of 1984 (WGS84) (hereinafter referred to as
"the coordinate system WGS 84") ^ 1) and verbalization, location
b) particulars of all base stations together with their indications,
where applicable, all other identifiers used, geographic
the coordinates in the coordinate system WGS 84, azimuth antennas and
verbal description of the location,
(c) information on reciprocal links) between telephone numbers and identifiers
The IMSI mobile device identifiers, and
(d)) for prepaid services, the date and time of activation of the service and the designation
base stations, which reach the activation performed
e) particulars of all the access points with their designation,
where applicable, all other identifiers used, geographic
the coordinates in the coordinate system WGS 84, azimuth antennas and
verbal description of the location.
(7) the data on time, under this Ordinance shall be kept in local time. In
If the local time does not match the time in the Czech Republic, are the details of the
given time, together with the indication of the time zone.
§ 3
The method of data transmission
(1) for the provision of retained data authority empowered to request data
under other legislation (hereinafter referred to as "the legitimate authority") asks the
legal entity or physical person providing a public communications network
or providing publicly available electronic communications service
(hereinafter referred to as the "operator") exclusively through the contact
workplace, which is determined according to the internal regulation of the authorized
authority. The operator shall forward the requested information through your
designated contact of the workplace. The competent authority shall notify the operator
your designated contact of the workplace and the way of proving the authenticity of
application when you first request the provision of retained data.
The operator shall notify the competent authority of the workplace and your contact
the way of proving the authenticity of the data transmitted in response to notification
the authorised authority. In the case of changes to the contact of the workplace of one of the
the Parties shall notify the party concerned of that change to the other side when the first
the next request for the transmission of data. If the competent authority,
that will communicate with the operator and the physical form, in the notice
contact the workplace shall exchange with the operator and the specimen signatures of the
beneficiaries, where appropriate, shall send them when you first use the procedure
in accordance with paragraph 3.
(2) the application and data are to be transmitted in the form of a data file. When
communication is used generally available technology and communication
protocols independent of producers or suppliers.
(3) If, for security reasons, which are in particular requirements on the
the protection of classified information, or for reasons of
the costs, which would have to be inefficiently spend on the transmission of applications
or the information referred to in paragraph 2, for communication use the method referred to in
paragraph 2, can be passed to the application or the requested data in paper form
or in electronic form on a technical medium.
(4) in order to prove the authenticity of the request and of the data transmitted shall apply
and the acclaimed electronic signature), or a recognized electronic sign ^ 2)
or
(b)) a cover letter in an electronic form containing the numbers of rules or
the serial numbers of the applications for a period of one week, file names, date and
time of their transmission and information to verify the accuracy or completeness of the
transmitted data files; the letter is signed by a recognized electronic
signature or mark, or a mark recognized by electronic
(c)) the accompanying letter in paper form that contains the reference number or
the serial number of the application, the file name, date, time, and method of transmission,
information to verify the accuracy or completeness of transmitted data files
and the signature of the authorised person of the corresponding signature model, or
d) letter in electronic form containing a reference number or serial
the number of the application and the specification of the required data signed by a recognized
an electronic signature or signed electronic brand, recognised
or
(e) in documentary form) a letter containing a reference number and signature of the authorized
the person passed the signing model.
(5) the operator shall forward to the competent authority the information held under section 2
paragraph. 1 to 4 for the period of time defined by the date and time
date and time of the commencement and completion of the transfer in the form of the statement, which
the specification is given in the annex to this Decree.
(6) the Statements referred to in paragraph 5, the competent authority shall be in the
structured text file, preferably encoded according to the character
set CP-1250, UTF-8 or ISO 8859-2. Files are processed individually
to each individual phone number or another identifier
referred to in the request. The names of the transmitted files are structured according to the
name conventions listed in the annex to this Decree.
(7) the file is prefixed by a single header and has a fixed data structure
established for the type of network or service or the type of request that is
listed in the annex to this Decree. Each line in the file belongs
in chronological order, if the application is not listed in the other the sort parameter. Listing
referred to in paragraph 5 is completed on the last line, the word "End".
(8) on the line with a semicolon separated individual data (ASCII code 59)
or a tab character (ASCII code 9), the last figure is terminating character CR-LF
(ASCII codes 13-10). If any of the data is not required, or
proven technology used is not discoverable, its place in the
the structure is left blank. Data consisting of multiple values
individual values separated with "|" (ASCII code 124).
(9) If it is part of the data transmitted character identical with any of the above
the listed delimiters, or "\" character (ASCII code 92), it prepends the before
the character, \ "(for example, \;" \CR\LF ",", "\").
(10) If you cannot comply with the format, structure, and the name of the file specified in the
paragraphs 6 to 9 and the annex to this Decree, shall be forwarded by the operator after the
agreement with the authorized body of the requested data in a different format and
the structure.
(11) the data retained in accordance with § 2 (2). 5 and 6, the operator passes
the extent required, to the competent authority on request. In addition, the
the operator passes the data according to § 2 (2). 6 (a). e) once every three
months, with possible changes no later than one week passes
Since the implementation of the changes, and once every two weeks the data according to § 2 (2). 6 (a).
(b) the operator shall initiate the transmission). According to the second sentence immediately after the
He was informed of the contact of the authorised authority in accordance with workplace
of paragraph 1. The agreement between the operator and the appropriate authority shall be
the format, structure and the file name of the transmission of data referred to in the second sentence.
(12) the agreements referred to in paragraphs 10 and 11 shall keep the operator in the form of
the data of the file identified by a recognized brand name in the data electronically
Portable Document Format format for the long-term Archiving (PDF/A,
ISO 19005).
§ 4
Liquidation
The operator after the expiry of the period laid down by the law on data retention
electronic communications data disposed of in a way that permanently
prevent their recovery and that has established in its internal
technical-organizational regulation, which on the basis of section 88a paragraph.
2 of the law on electronic communications.
§ 5
The effectiveness of the
This Decree shall take effect on 1 January 2005. November 2012, with the exception of the
the provisions of section 2 (2). 1 (a). (d)), and (g)), para. 2 (a). (c)), and (e)), para. 3
(a). and, (b), point 6). (c) point 4 (a)). (d) point 5 (a)). (e) point 5 (a)).
(f)), para. 4 (a). 6 (a). (d)), and (e)), which shall take effect on 1 January 2005.
January 2013.
Minister:
Mudr. Cuba v. r.
Annex
A form of data transmission
1.
Name conventions and structure of the data file that contains a listing of
communications from fixed lines
1.1 the Name Convention provides the name of the dump file of the communication of the fixed
lines in the shape of YYY. URY_ZZZ.txt, where YYY. Y corresponds to the phone number
the participant, or ID cards, to which the excerpt
done, and ZZZ corresponds to the sequence number of the request.
1.2 information to be presented in a structured text file are escaped
the header on the first two lines, the first line contains the information
1.2.1 required, the type of communication
1.2.2 the phone number or identifier of the calling card, which is
listing required
1.2.3. the date and time, since when is a listing of required in the format DD. MM. YYYY
HH: MM: SS
1.2.4. the date and time, which is required for listing, in the format DD. MM. YYYY
HH: MM: SS
1.2.5. the character set used.
The second line contains the names of the data.
1.3 For the introductory header followed by rows with the data in the structure
1.3.1 type of communication-in particular the outgoing calls, incoming calls, outgoing
SMS message, the incoming SMS message,
1.3.2. the calling telephone number,
1.3.3. telephone number,
1.3.4 the start date and time of communication in the format DD. MM. YYYY HH: MM: SS
1.3.5. communication duration in seconds
1.3.6 the status of communication-eg. successful/unsuccessful call attempt or
sending SMS,
1.3.7 additional details, in particular, used the phone service under section
1 (a). m), additional information according to § 2 (2). 4 (b). and (c)))
setting of additional services, phone numbers to which the call was
redirected or that participated in the Conference call.
2.
Name conventions and structure of the data file that contains a listing of mobile
communication
2.1 Name Convention provides the name of the dump file in the mobile communication
the shape of the YYY. URY_ZZZ.txt, where YYY. Y corresponds to the phone number
the participant, or the identifier of a mobile device, the
Mobile Subscriber or the designation of the base station to which the excerpt
done, and ZZZ corresponds to the sequence number of the request.
2.2 information to be presented in a structured text file are escaped
the header on the first two lines, the first line contains the information
2.2.1 identification of type identifier, which is a listing of required
(phone number/identifier of a mobile device/identifier of the IMSI
/base station),
2.2.2 the identifier to which the excerpt is required,
2.2.3 the date and time, since when is a listing of required in the format DD. MM. YYYY
HH: MM: SS
2.2.4. the date and time, which is required for listing, in the format DD. MM. YYYY
HH: MM: SS
2.2.5. the character set used.
The second line contains the names of the data.
2.3 For the introductory header followed by rows with the data in the structure
2.3.1 type of communication-in particular the outgoing calls, incoming calls, outgoing
SMS message, the incoming SMS message, outgoing MMS message, the incoming message
MMS,
2.3.2. the calling telephone number,
2.3.3 the phone number dialled,
2.3.4 the start date and time of communication in the format DD. MM. YYYY HH: MM: SS
2.3.5. the duration of the communication in seconds
2.3.6 the identifier of a mobile device, such as a companion. THE IMEI, ESN,
MEID,
2.3.7 the indication of the base station Start,
2.3.8. indication of base station Stop,
2.3.9 destinations
2.3.10 the status of communication-eg. successful/unsuccessful call attempt,
reject a call, failed attempt to send SMS or MMS,
2.3.11 for more advanced and additional information, in particular, used phone
service in accordance with section 1 (b). m), additional information according to § 2 (2). 4 (b). and)
(c)), setting up additional services numbers to which the call was
redirected or that participated in the Conference call.
3.
Name conventions and structure of the data file that contains a listing of data
communication
3.1 Name Convention provides the name of the dump file in data communication
the form URXXX_RRMMDD_ZZZZ.txt, where XXX is the code of the operator, YYMMDD is the
date of transmission of the statement in the shape of the last two digits of the year, month, day
and ZZZZ is the numeric ID of the request.
3.2 information to be presented in a structured text file are escaped
the header on the first two lines, the first line contains the information
3.2.1. the name of the dump file,
3.2.2 the listing type (used),
3.2.3 identifier to which the excerpt is required (for example, IP address,
phone number or user ID, e-mail address,
the identifier of a mobile device, the indication of the base station),
3.2.4 the date and time, since when is a listing of required in the format DD. MM. YYYY
HH: MM: SS
3.2.5. the date and time, which is required for listing, in the format DD. MM. YYYY
HH: MM: SS
3.2.6 the used character set.
The second line contains the names of the data.
3.3 For opening header followed by rows with the data in the order specified in the
header:
3.3.1 for access services to the Internet from a fixed connection
3.3.1.1 the type of connection, such as dial-up, ADSL, cable modem, LAN,
WLAN,
3.3.1.2 the phone number or user ID to which the excerpt
be carried out,
3.3.1.3 the identifier of a user account
3.3.1.4 the MAC address of the device user service
3.3.1.5. start date and time of the connection in the format DD. MM. YYYY HH: MM: SS
3.3.1.6 end date and time of the connection in the format DD. MM. YYYY HH: MM: SS
3.3.1.7 indicate access point for wireless access to the Internet,
3.3.1.8 the IP address and port number from which the connection was made.
3.3.2 for access services to the Internet from your mobile connection
3.3.2.1 indicate the type of connection, such as GPRS, CDMA, UMTS, LTE,
3.3.2.2 telephone number,
3.3.2.3 the identifier of a mobile device, for example. THE IMEI, ESN, MEID
3.3.2.4 start date and time of the connection in the format DD. MM. YYYY HH: MM: SS
3.3.2.5 the end date and time of the connection in the format DD. MM. YYYY HH: MM: SS
3.3.2.6 to indicate the base station the base station Start and Stop,
3.3.2.7 the IP address and port number from which the access was made.
3.3.3. in the case of the service to access your e-mail mailbox
3.3.4.1 the IP address and port number from which the connection to the mailbox
electronic mail made,
3.3.4.2 identifier of a user account
3.3.4.3 start date and time of the connection to your e-mail mailbox
in the format DD. MM. YYYY HH: MM: SS
3.3.4.4 end date and time of the connection to your e-mail mailbox
in the format DD. MM. YYYY HH: MM: SS
3.3.4.5 protocol identifier, such as a POP3 e-mail,
IMAP.
3.3.4. the transfer of e-mail messages
3.3.5.1 the IP address, and source and destination port number transmitted messages,
3.3.5.2. start date and time of communication in the format DD. MM. YYYY HH: MM: SS
3.3.5.3 the sender's electronic mail address,
3.3.5.4 e-mail addresses of the recipients,
3.3.5.5 transmission status messages, such as sent, unsent,
3.3.5.6 protocol identifier is electronic mail.
3.3.5 for IP telephony service
3.3.6.1 the IP address and port number, or the phone number of the source
the device,
3.3.6.2 IP address and the port number or the phone number of the target device,
3.3.6.3 Transport Protocol
3.3.6.4 start date and time of communication in the format DD. MM. YYYY HH: MM: SS
3.3.6.5 end date and time of communication in the format DD. MM. YYYY HH: MM: SS.
3.3.6.6 more advanced details, in particular telephone service used by
section 1 (b). m), additional information according to § 2 (2). 4 (b). and (c)))
setting up additional services numbers to which the call was redirected
or that participated in the Conference call.
3.3.7 for Internet access services with the translation of IP addresses
3.3.7.1 the private IP address,
3.3.7.2 public IP address and port number or port range allocated,
3.3.7.3 start date and time translation of addresses in the format DD. MM. YYYY
HH: MM: SS
3.3.7.4 end date and time translation of addresses in the format DD. MM. YYYY
HH: MM: SS.
1) Government Regulation No. 430/2006 Coll., on the establishment of surveying
reference systems and the national map works on the territory of the State and mandatory
the principles of their use, as amended by regulation of the Government No. 81/2011 Sb.
2) Act No 227/2000 Coll., on electronic signature and amending certain
other laws (the law on electronic signature), as amended
regulations.
