Article 95 of the Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users, approved by Royal Decree 424/2005 of 15 April, empowers the Ministry of Industry, Energy and Tourism to regulate the technical specifications that determine the characteristics of the interfaces of interception and the format for the transmission of the intercepted communications to the centers for receiving the intercepts. The fifth final provision of the royal decree authorizes the Minister of Industry, Energy and Tourism to lay down the necessary provisions for the development and implementation of the same. This authorisation includes the provisions necessary for the development and implementation of Chapter II of Title V on the legal interception of communications.

By this order several of the parts of the technical specification of the European Telecommunications Standards Institute ETSI TS 102 232 " Legal Interceptation (IL); Transfer Interface and Specific Details are adopted. of the service (SSD) for delivery using the IP protocol ".

Furthermore, in accordance with the provisions of the sixth transitional provision of the Regulation on the conditions for the provision of electronic communications services, universal service and the protection of users, approved by Royal Decree 424/2005 of 15 April, this order is approved with the prior report of the inter-ministerial commission in which representatives of the ministries concerned and the telecommunications operators, created by the Order PRE/1575/2006, dated May 19.

In addition, in accordance with the provisions of the fifth additional provision of Law 32/2003 of 3 November, General Telecommunications, this Order has been known and informed by the Advisory Board of Telecommunications and the Information Society, which is equivalent to the conduct of the hearing procedure governed by Article 24.1.c) of Law 50/1997 of 27 November of the Government.

Likewise, under the provisions of Article 24.1.b of Law 50/1997 of 27 November of the Government, the order adopted has been the subject of the mandatory report of the Telecommunications Market Committee. provided for in Article 48 (3) (h) of Law 32/2003 of 3 November, General Telecommunications.

Finally, this provision has been subject to the procedure for information on technical standards and regulations and regulations relating to the services of the information society provided for in the Directive. 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by Directive 98 /48/EC of 20 July and in Royal Decree 1337/1999 of 31 July incorporating these directives into the Spanish legal order.

In its virtue, I have:

Article 1. Object and scope of application.

1. The purpose of this order is the adoption of several of the parts of the technical specification of the European Telecommunications Standards Institute ETSI TS 102 232, which has the title "Legal Interceptation" (IL); transfer and specific service details (SSDs) for delivery via the IP protocol ", for the purposes of legal interception of telecommunications using certain technologies.

2. Without prejudice to the possible exceptions set out in paragraphs 5 and 6 of this Article, in accordance with Article 85 of the Regulation on the conditions for the provision of electronic communications services, universal service and protection of users, approved by Royal Decree 424/2005, of April 15, the obligated subjects who provide services based on the IP protocol will provide the legal interception of the communications through the implementation of the transfer interface (HI) set out in the first part of the ETSI Technical Specification 102 232 (ETSI TS 102 232-1), and shall comply with the other obligations set out in this order.

3. The subjects referred to in the preceding paragraph shall also implement the parts of the technical specification ETSI TS 102 232 which correspond to the services they provide and the types of identities of their users or subscribers. which they manage as set out in Annex I of this order. If the subject is able to fulfil his obligations in respect of legal interception by opting for several of these technical specifications, he may agree with the authorised agents which or which of them they implement, not being necessary. implement the others. Similarly, in the event that the obligor is able to fulfil his obligations in respect of legal interception by opting for several of the identities listed in the table in Annex I, he may agree with the authorised agents which or which of them use, not requiring the ability to intercept through the others.

4. The different parts of the ETSI TS 102 232 technical specification shall be implemented with the modifications and clarifications set out in the relevant Annexes as follows:

a) ETSI TS 102 232-1 (Transfer specification for IP delivery): Annex II.

b) ETSI TS 102 232-2 (Service specific details for mail services-e): Annex III.

c) ETSI TS 102 232-3 (Service specific details for Internet access service): Annex IV.

d) ETSI TS 102 232-4 (Service specific details for Layer 2 services): Annex V.

e) ETSI TS 102 232-5 (Service specific details for IP Multimedia Services): Annex VI.

f) ETSI TS 102 232-6 (Service specific details for RTPC/ISDN services): Annex VII.

5. The provision of legal interception of fixed services based on the IP multimedia subsystem of the network core (IP Multimedia Core Network Subsystem, IMS) normalized by ETSI/3GPP, may be performed, following agreement with the agents authorised, as set out in Order ITC/682/2010 of 9 March 2010, adopting the technical specification ETSI TS 133 108 (3GPP TS 33.108) ' universal mobile telecommunications system (UMTS); LTE; 3G security; transfer for legal interception (LI) ".

6. In the case of the communication technology used by the obliged subject, it is possible to choose between several of the technical specifications of the ETSI transfer interface (HI) which have been adopted by means of the corresponding orders. Ministerial, the obliged subject may agree with the authorized agents which of them to adopt, being of application the provisions in the corresponding ministerial order.

Article 2. Maximum number of concurrently active intercepts.

The bound subject shall have its legal interception system in place so that it is able to maintain the number of intercepts calculated using the formula set out in Article 15 of the Order at the same time. ITC/110/2009 of 28 January determining the requirements and technical specifications which are necessary for the development of Chapter II of Title V of the Regulation on the conditions for the provision of services electronic communications, universal service and the protection of users, approved by Real Decree 424/2005 of 15 April, assigning the coefficient "to" the value 1.

Article 3. Location information.

Required subjects, who provide Internet access services, shall provide information on the location of the terminal of the subject to the interception and, if possible, of his or her interlocutors in accordance with the provisions of the Annex IX of this order.

Article 4. Communication channels between obliged subjects and authorised agents.

Annex X of this order sets out the characteristics and requirements to be met by the communication channels between the obliged subjects and the authorised agents, as well as the details of the cost of these communications. part of the authorised agents.

Article 5. Non-standard services.

By Order ITC/313/2010 of 12 February, adopting the technical specification ETSI TS 101 671 "Legal Interceptation (LI), Transfer Interface for the Legal Interception of Telecommunications Traffic" Module ASN.1 'EtsiLiHiEsNatParas' was defined in order to enable the transmission of information not provided for in the technical specifications of ETSI, inter alia, to specific non-standard services of the manufacturer or of the operator.

In Annex VIII of this order the procedure for the insertion of the module mentioned in the previous paragraph is described in the module ASN.1 "HI1NotificationOperations" determined in the technical specification of ETSI TS 101 671.

Article 6. Terms and abbreviations.

The specific terms and abbreviations used in this order are defined in the following sources:

a) Annex XI of this order.

b) Appendix of definitions of Order ITC/110/2009, dated January 28.

(c) Article 84, definitions, of the Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users, approved by Royal Decree 424/2005, of 15 April.

d) Section 3 of the different parts of the ETSI TS 102 232 technical specification.

In the event of a contradiction between the definitions and abbreviations set out in the document referred to in paragraph (d) and those of the documents referred to in paragraphs (a), (b) and (c), those of the latter shall prevail.

Single transient arrangement. Deadline for compliance.

Required subjects must meet the obligations set out in this order within eighteen months of their entry into force.

Those required to start their activity after that period shall comply with the obligations set out in this order from the start of their activity.

Final disposition first. Competence title.

This order is issued under Article 149.1.21. of the Constitution which attributes exclusive competence to the State in the field of telecommunications.

Final disposition second. Enablement.

The Secretary of State for Telecommunications and the Information Society are empowered to update the content of the annexes to this order.

Final disposition third. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, November 19, 2012. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

ANNEX I

Additional technical specifications that need to be implemented based on the managed identities of their users or subscribers

This annex states that parts of the ETSI TS 102 232 technical specification, in addition to the first, must be subject to the obligation of the subjects to be bound by the services they provide and the identities of their users or subscribers.

These identities are the ones that allow to distinguish the traffic corresponding to the subject object of the legal interception of the traffic of the other users or subscribers.

The type of identity and the service provided by the obligor determine which part or parts of the technical specification ETSI TS 102 232 must be subject to the obligation.

This table sets the correspondence between identity type (rows), service provided by the operator (columns), and parts of the ETSI TS 102 232 technical specification.

In case the bound person can fulfil his obligations in respect of legal interception by opting for several of these technical specifications, he may agree with the authorised agents which or which of them to adopt, not it is necessary to adopt the others.

Similarly, in the event that the obligor is able to fulfill his obligations in terms of legal interception by opting among several of the identities indicated in this table, he may agree with the authorized agents which or which of them, the ability to intercept through the others is not necessary.

Note 1: In this Annex, the term identity is defined in the meaning of Article 84.i) of the Regulation on the conditions for the provision of electronic communications services, universal service and protection of users, approved by Royal Decree 424/2005 of 15 April, i.e. as a " technical label which may represent the origin or destination of any electronic communications traffic, in general identified by means of a physical electronic communications identity number (such as a telephone number) or a Logical or virtual electronic communications identity code (such as a personal number) that the subscriber can assign to a physical access on a case-to-case basis ".

Note 2: As set out in Article 90 of the Regulation on the conditions for the provision of electronic communications services, universal service and the protection of users, approved by Royal Decree 424/2005, 15 in April, the legal interception order must specify at least one of the following data:

" a) The identification of the subscriber or user subject to the interception.

b) The location where a network termination point is encountered that the operator provides service to.

c) A network termination point (address), or terminal identifier, to which the electronic communications service provider provides service.

d) The identification code in case it is the user who activates the terminal for communication.

e) Any other identity-within the meaning defined in article 84.i)-corresponding to the subject specified in the order of legal interception. "

Data a) and b) are not identities within the meaning defined in article 84.i). When the order of interception uses this type of data to identify the subject to the interception, the subject must establish the correspondence between these data and the identities, within the meaning defined in article 84.i), which handles in your communications system. These are the last ones to be considered for interpreting the following table.

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