Key Benefits:
Decision of 26 January 2000 laying down rules for the provision of information by providers of public telecommunications networks and services for the purposes of telecommunications (Decision providing data telecommunications)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Transport and the Water State of
20 May 1998, No HDTP/98/1553/HW, Main Direction of Telecommunications and Post in accordance with Our Ministers of Justice and Home Affairs and Kingdom Relations;
Having regard to the Articles 13.1, second paragraph , 13.2, 3rd member , 13.4, third member , and 20.18 Telecommunication law ;
The Council of State heard (opinion delivered on 19 August 1998, No W09.98.0215);
Having regard to the further report by Our Minister of Transport and Water State of 19 January 2000, No DGTP/99/3602/JdJ, Directorate-General for Telecommunications and Post-published in accordance with Our Ministers of Justice and of Interior and Kingdom Relations;
Have found good and understand:
For the purpose of this Decision:
a. Act: Telecommunications law ;
b. Information Point: The Central Information Unit of the Telecommunications Research Centre referred to in Article 2 ;
c. Provider: the provider of a public telecommunications network or a public telecommunications service;
d. Competent authority:
1 °. the judge-commissioner in criminal matters, the district attorney, the shortstop, intended in Article 27 of the Polition Act 2012 , or the head of a criminal investigation service, or the investigating officer appointed by the corps of his or her corps or by the head of his/her department;
2. the Head of the General Intelligence and Security Service, or the official designated by him,
3 °. the Head of the Military Intelligence and Security Service, or the official designated by him;
e. information: the information, intended in Article 13.4, first paragraph, of the Act , in so far as this information does not relate to a number other than the connection number for fixed or mobile public telephone networks, and does not relate to a number other than the login name or user name, an e-mail address, Identification numbers of peripherals or an assigned Internet Protocol number for public telecommunications networks and public telecommunications services that exist exclusively in the provision of Internet access or Internet access provide or provide services;
f. User: the natural or legal person who has entered into an agreement with the offeror as regards the use of a network or the provision of a public telecommunications service, as well as the natural or legal person who actual use of a public telecommunications network or a public telecommunications service;
g. connection number:
1 °. in the case of fixed public telephone networks and fixed public telephone services: the number associated with a network connection point;
2 °. in the case of mobile public telephone networks, local public mobile telephone services: the Mobile Station Integrated Systems Digital Network Number.
Our Minister for Security and Justice is responsible for the computerized processing of requests for and benefits in kind. He shall carry out this task by means of the 'Central Information Unit' Research Information Unit.
1 The information point, the competent authority and the provider shall each take the technical provisions necessary to give effect to the second, third and fourth members. Technical provisions shall comply with the conditions laid down in the Articles 4 and 5 and to the specifications that are included in the Annex to this Decision.
2 The competent authority requests to provide information that is included in the file, intended in Article 4 -by the intercession of the information point. The request shall be made by the competent authority in computerised form.
3 The provider shall provide the information through the provision of the information point. To this end, the provider shall provide the information point by automated road for 24 hours a day of direct access to a file as referred to in Article 4, first paragraph .
4 The information point compares to automated road the data on which the request relates to the data contained in the file, intended Article 4, first paragraph Where the information covered by the request is present in the file, the information shall be forwarded to the competent authority by automated means.
5 At the request of the competent authority, the supplier shall make, without the intervention of the information point, correction or explanation of the information referred to in the fourth paragraph, second sentence.
6 A provider and the information point agree that the information point acts as an editor of the file, intended to Article 4 , if the device in which the file is stored is in control of the information point.
1 The provider of fixed public telephone networks or fixed public telephone services, or mobile public telephone networks or mobile public telephone services, has a file containing the following data from the public telephone network. persons who make use of a service or network of the provider:
a. Name, address of number and any additions, postal code and place of residence;
b. the telecommunications service which is being taken from and,
c. The connection number which, respectively, is the connection numbers which are assigned to a user;
d. The name of the provider of the fixed public telephone network or the mobile public telephone network using which the provider of fixed public telephone services or mobile public telephone services has provided the services to the user.
2 The provider of public telecommunication networks or of public telecommunications services which exist solely in the provision of access to Internet and the services to be supplied or to be supplied by the Internet shall have a file which includes the following information from the users of a provider ' s network or service:
a. the name, address with number and any additions, postal code and place of residence,
b. The telecommunications service which is being reduced, including the kind of connection,
c. user name, login name and email addresses of a user, user peripherals identification numbers, and Internet protocol numbers updated at the time, on which file details are updated, to a user name. User has been granted access to Internet or services to be provided or to be provided by the Internet; and
d. the name of the public telecommunications network provider by which the public service provider has provided the services to the user.
3 The provider updates the data in the file, referred to in the first and second member respectively, at least every 24 hours, by adjusting the data to the most current data he uses for his business operations.
1 A request from the competent authority, referred to in Article 3, second paragraph , may be entered in the system only by an official authorised by our Minister of Security and Justice, using a passcode assigned to him for this purpose.
2 Technical provisions of the kind provided for in Article 3, first paragraph , are only accessible to persons authorized by our Minister of Security and Justice.
3 The comparison and transit in accordance with Article 3 (4) , can take place 24 hours a day.
4 In the case of access, Article 3, third paragraph , to the file, intended in Article 4, first paragraph , and the comparison and transit specified in: Article 3 (4) , be:
a. no information relating to the competent authority, the content of the request and the response to the request to the provider,
b. no data from the provider known to anyone other than the information point or competent authority,
c. The information point or the competent authority does not reveal any information other than that of the Article 4, first paragraph , are included in the file referred to in that Article paragraph.
5 The comparison referred to in Article 3 (4) The name, address, postal code, house number, number addition or number given in the request must be made only in the form of a request.
6 The transit procedure, Article 3 (4) , only the information on which the request is addressed is concerned.
Under the rules of our Minister for Security and Justice, rules may be laid down regarding the method of operation of the information point.
1 Our Minister for Security and Justice shall ensure that the information point lays down an attribute for each provision of information which can be traced by which provider, to which competent authority and to which the information is Information is provided. The fixation shall be kept for three years.
2 Our Minister of Security and Justice is concerned that the information point does not store data as intended Article 4, first paragraph , unless the data is stored under the responsibility of the provider on the basis of an agreement as referred to in Article 3 (6) . The commitment referred to in paragraph 1 shall be made in such a way that it does not contain any information that is traceable to persons whose request for information is concerned.
1 Our Minister for Security and Justice shall draw up an annual report indicating the number of times in which the number of offences relating to the information point has been reported to a competent authority. information has been provided. In any case, this entry shall be broken down into:
(a) the legal basis of the request of the competent authority;
b. Arrondissementbouquets and the police, or other investigating authorities.
2 Our Minister for Security and Justice shall draw up an annual report of an audit on the proper implementation of this Decision by the providers of public telecommunication services or of public telecommunications networks, the information point, the Arrondissementsparkets and the police, or other investigating authorities.
It shall cover at least the following subjects:
a. the operation of the system;
b. the quality of the provision of data;
c. the search of data.
With the Article 3, first paragraph Technical provisions referred to are equivalent to technical provisions which have been lawfully produced or marketed in another Member State of the European Union or which have been lawfully produced in a State which is a party to the Agreement on the European Economic Area, meeting at least equivalent requirements.
1 The Articles 2 to 7 shall not be subject until 1 September 2007 to requests for information addressed to or benefits in kind of information provided by the provider of a public telecommunications service which exists solely in the provision of access to the Internet and the services to be supplied or to be provided by the Internet.
2 Our Minister for Security and Justice, a provider referred to in paragraph 1 and any competent authority may jointly decide upon requests and benefits in kind provided in paragraph 1 to use the information point and the application to be applied to the Articles 2 to 7 .
This decision is referred to as: Provision of telecommunications data.
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, 26 January 2000
Beatrix
The Minister of Transport and Water,
T. Netelenbos
The Minister of Justice,
A. H. Korthals
The Minister of Home Affairs and Kingdom Relations,
A. Peper
Issued the fifteenth of February 2000The Minister of Justice,
A. H. Korthals
1. The provider shall provide the following information relating to the user:
a. Name;
b. address;
(c) residence;
d. Postal code;
e. connection number for fixed or mobile public telephone networks, and the login name, user name and e-mail addresses of a user, the identification numbers of peripheral devices, and the Internet protocol numbers at the time, to which the details of the file are updated, assigned to a user, for public telecommunications networks and public telecommunications services that exist exclusively in the provision of Internet access and Internet access provide or provide services;
f. type of telecommunications service, including the type of connection (such as cable, ADSL, dialup);
g. the identity of the telecommunication provider.
2. The numbers are included: fenced and secret numbers.
The provider shall provide the data that is included in the operation. The provision is made as much as possible according to the standards in 1888 (personal data) and NEN 5825 (addresses). If these standards are not used, the provider does not include used fields in the file "empty".
The provider uses the "Extended ASCII" character set in an XML format according to a schema provided by the information point. The provider will provide you with readable data.
The provider uses an information technology that is functional for the interface. Preference is used to use a secure network connection.
The information shall be provided in such a way that:
a. Unlicensed access to the file is not possible;
(b) the integrity and inviolability of the file is insured;
c. disruption of communication with the system is not possible, using as a measure the highest degree of security freely available on the market in this respect.
The transmission of requested data shall be made anonymous. This anonymity should be technically guaranteed. With the exception of the period during which the data will be imported or updated, the file shall not be accessible to the provider concerned.
The file and its local configuration are permanently accessible to the information point, subject to the time when the data is entered, updated, and in cases of force majeure.
The file shall be updated once every once daily to the latest state of the data, such as those in the provider's business operations.
The file shall be capable of being supported at an appropriate speed. The information requested should be limited to a few minutes. It can be sufficient to provide a so-called flat table.
