Telecommunication Service Company Data Protection Regulation

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Basic data
Title: Regulation on data protection
for companies
providing telecommunications services
Short title: Telecommunication Service Company Data Protection Regulation
Abbreviation: TDSV, TDSV 1996
Type: Federal Ordinance
Scope: Federal Republic of Germany
Issued on the basis of: Section 10 (1) PTRegG
Legal matter: Special administrative law , telecommunications law
References : 900-10-5-3 a. F.
Issued on: July 18, 1996
( BGBl. I p. 982 )
Entry into force on: July 19, 1996
Expiry: December 21, 2000
(§ 18 Regulation of December 18, 2000 ,
Federal Law Gazette I p. 1740, 1745 )
Please note the note on the applicable legal version.

The telecommunications service company data protection regulation was a regulation of the German federal government , in which the protection of personal data by telecommunications providers was regulated. It was enacted in 1996 on the basis of the Law on the Regulation of Telecommunications and Postal Services (PTRegG) of September 14, 1994 ( Federal Law Gazette I, pp. 2325, 2371 ). It replaced the TELEKOM data protection ordinance of June 24, 1991 ( Federal Law Gazette I, p. 1390 ) as well as the tele-service company data protection ordinance of December 18, 1991 ( Federal Law Gazette I p. 2337 ). It expired on December 21, 2000 and was replaced by the Telecommunications Data Protection Regulation .

Regulatory area

It was determined which connection data could be saved by service providers - i.e. Deutsche Telekom and its competitors - and when they were to be deleted. There were also regulations on the individual connection verification , the transmission of telephone numbers as well as telephone book entries and telephone information .

Innovations

In contrast to the previous regulations, the TDSV now made it possible for customers to prevent their phone number from being entered in electronic customer directories such as CD-ROMs or the Internet, but to continue to appear in the printed telephone book (Section 10 (3)). Likewise, in the event of a non-entry, the number could be passed on via the directory assistance, if the customer so wished. The reverse search was expressly forbidden to provide information (Section 11 (5)).

In addition, it was stipulated that the telecommunications companies had to enable their customers to suppress the number transmission free of charge (Section 9 (1))

criticism

General criticism of the TDSV came from data protectionists. They complained that data protection in the telecommunications sector was only regulated by a ministerial ordinance. Instead, a parliamentary law is appropriate. It was not until the Telecommunications Act of 2004 that this requirement was met.

In addition, the authorization basis of the TDSV ( Federal Law Gazette 1994 I p. 2373 ) was already suspended in 1997. This would have raised contradictions between the TDSV, which continues to apply, and the Telecommunications Act of 1996.

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