În Germania, operatorii de telecomunicații sunt cei care au obligația de a suporta costurile interceptărilor dispuse de instanță

11 noiembrie 2018
176 citiri

Pursuant to Section 100b Subsection 3 Sentence 2 StPO in connection with Section 110 Subsection 1 Sentence 1 No. 1 TKG, the operators of telecommunication facilities that offer publicly available telecommunication services, must, at their own cost, maintain the technical means (hardware and software) for the execution of telecommunication interception and make the organisation arrangements necessary for its prompt implementation. (…) Thus, providers of publicly available telecommunication services using email servers located in a foreign country to provide email services in Germany are also covered.
(…)
The organisational and protective requirements are stipulated in Sections 12 to 17 TKUV. Pursuant to Section 12 TKUV, the telecommunication service provider must ensure that it has taken all necessary organisation steps for handling orders. In particular, it must also ensure that it can receive an order outside of its usual business hours without delay. Furthermore, it must ensure that it has competent personnel available at all times to answer enquiries from the authorized body.
Section 15 provides for confidentiality obligations concerning the way in which orders are implemented and requires that the protection of information related to interception measures be ensured.
(…)
Also, there exists no obligation to decrypt encrypted communication. Section 5 Subsection 2 TKUV merely obliges telecommunication service providers to provide the authorities with a copy of the telecommunication to be intercepted.

Benjamin Vogel, Patrick Koppen, Thomas Wahl
(Germany Report în Access to Telecomunication Data in Criminal Justice (coord. U. Sieber, N. von zur Muhlen), Duncker & Humblot, decembrie 2016, la pp. 533-4)

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