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Decision of 10 November 1998 laying down rules on the technical affordability of public telecommunications networks and services and the organisational and personal measures to be taken and the provisions to be adopted on the tapping (Decision on public telecommunications networks and services)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Transport and Water State of 20 May 1998, No HDTP/98/1552/HW, Main Telecommunication and Post Office;
Having regard to the Articles 13.1, second , and 13.2, third member, of the Telecommunication Act ;
The Council of State heard (opinion delivered on 13 August 1998, no. W09.98.0221);
Having regard to the further report of the Secretary of State for Transport and Water State of 3 November 1998, No HDTP/98/3284/LF, Main Telecommunication and Post Office;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: Telecommunications law ;
b. Provider: provider of a public telecommunications network or of a public telecommunications service;
c. special burden: authorised burden on tapping;
d. User: the natural or legal person who has entered into an agreement with the provider of a public telecommunications network or a public telecommunications service in relation to the use of a network or the provision of a public service telecommunications service, as well as the person actually using a public telecommunications network or a public telecommunications service;
e. competent authority:
1 °. the investigating officer responsible for carrying out a special burden,
2 °. Head of the General Intelligence and Security Service,
3 °. Head of the Military Intelligence and Security Service.
The provider shall establish its public telecommunications network or public telecommunications service in such a way as to ensure that the following requirements are met:
a. A special burden shall be carried out on the basis of the number of the user to be tapping specified therein;
b. A special burden shall be carried out without delay at the time and during the period specified in the special burden;
c. the execution of a special burden is not detectable to users nor to others connected to users by means of a public telecommunications network or public telecommunications service;
d. telecommunications, obtained by means of tapping, shall at the time of disposal be transmitted without delay to the competent authority specified in the special charge;
e. telecommunications, obtained by means of tapping, shall be removed by the offeror if any of the cryptography and other operations which it has acquired, and as such to the persons or bodies mentioned in the special charge, passed;
f. the quality of telecommunications, obtained by means of tapping, as it is transmitted, is comparable to the quality of the original telecommunications;
g. the telecommunications service of different users may be passed on simultaneously to the competent authority specified in the special charge, if one or more special loads are required to do so;
h. if one or more of the special loads are required to do so, the telecommunications in respect of one and the same user shall be transferred simultaneously to the various competent authorities, up to a maximum of three;
(i) telecommunications which are routed through a switch to another public telecommunications network or to another network termination point, must be capable of being tapped;
j. the special charge carried out shall be kept by the supplier for the benefit of the principal in a register.
The provision by the supplier of the telecommunications acquired for the purposes of tapping shall be provided in accordance with the technical protocol to be adopted by ministerial arrangement or by the ministerial order. Other requirements or starting points to be laid down.
In the case of a ministerial arrangement, detailed technical rules may be laid down concerning the public telecommunications networks and the public telecommunications services to be referred to such rules. In the case of ministerial arrangements, rules may also be laid down in respect of the human measures to be taken by a supplier and arrangements to be adopted in respect of the tapping of the operations. Such arrangements may provide that such measures and provisions may require the approval of a body or competent authority to be designated by that scheme. It may also be laid down that the competent administrative bodies or competent authorities are empowered to adopt security requirements.
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is referred to as: Decision on public telecommunications networks and services.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 10 November 1998
Beatrix
The Secretary of State for Transport and Water,
Mr. J. M. de Vries
Published the 24th of November 1998The Minister of Justice,
A. H. Korthals
