Data security guideline for electronic communication / Data protection law

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Base data
Title:	Guideline 2002/58/EG of the European parliament and the advice vom12. July 2002 over those processing-personal data and denSchutz the Indian electronic communication
Shortened title:	Data security guideline for electronic communication
Right nature:	EEC guideline
Area of application:	European union
Right subject:	Data protection law
Publication:	31. July 2002 (ABl. EEC No. L 201 P. 37-47)
The entry into force to:	31. July 2002
Last change through:	Article 11 of the guideline 2006/24/EGvom 15. March 2006 (ABl. EEC No. L 105 P. 54-60)
The entry into force that-last change: 1)	3. May 2006
1) Please you consider the reference to the valid law version!

The data security guideline for electronic communication is 2002 an issued guideline of the European community, which sets obligatory minimum defaults for the data security in telecommunications.

A goal and contents

On the one hand the fundamental rights and the of the inhabitants of the European union protected, on the other hand also the free data and goods traffic between the European Union member states are to be ensured by the guideline. The guideline supplements thereby the European data security guideline of 1995.

The European Union member states are obligated by the guideline to issue telecommunications-specific regulations to the data security to forbid for example monitoring telephone calls and interception from enamels to. In addition the guideline contains defaults to single fee proofs, to the possibilities of the announcement and suppression of telephone numbers, to automatic call forwardings and concerning admission free of charge and revocable into lists of participants.

Forerunner of the data security guideline for electronic communication was the guideline 97/66/EG, colloquially also "ISDN guideline "mentioned. This stepped to 31 October 2003 repealed.

Conversion to national right

The guideline 2002/58/EG had to be converted like all guidelines of the European union into national right. The Republic of Austria has the guideline with the telecommunications law 2003 (BGBl. I No. 70/2003) converted within the prescribed period. The conversion within the prescribed period did not succeed to the Federal Republic of Germany. The European commission led thereupon a violation of contract procedure against Germany in. In the middle of 2004 transformed Germany then the Datenschutzrlichtlinie for electronic communication into German right. In addition the telecommunications law of the German Federal Republic was amended (BGBl. I 2004 P. 1190 FF.).

Literature

Anna Ohlenburg: The new European Union data security guideline 2002/58/EG. Effects and innovations for electronic communication. In: Multimedia and right 2003, P. 83 FF.