Decree No. 485 / 2005 Coll.

Ordinance on the scope of operational and localisation data, their retention time and their form, and their transmission to the authorities authorised to use them

Valid Order Effective from 15.12.2005
485
DECLARATION
of 7 December 2005
on the scope of the operational and localisation data, their storage times and their form and their transmission to the authorities authorised to use them
The Ministry of Informatics, in cooperation with the Ministry of Interior, provides pursuant to Section 150 (3) of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 290 / 2005 Coll. and Act No. 361 / 2005 Coll., ("the Act ') for the implementation of Section 97 (3) of the Act:
§ 1
For the purposes of this decree:
(a) BTS base station of the public mobile telephone network,
b) the StartBTS base station of the public mobile telephone network to which the participant is allocated at the start of the communication,
(c) StopBTS base station of the public mobile telephone network to which the participant is allocated at the end of the communication,
(d) IMEI number of the international mobile telephone device identifier,
(e) the number of the MSISDN participating number in the public mobile telephone network;
(f) IMSI number of the international identifier of the participant in the public mobile telephone network,
(g) destinations for the destination of the external operator's network;
(h) the URI identifier of the single source identifier;
(i) the code of the legal or natural person providing the public communications network or providing a publicly available electronic communications service shall be understood as the serial number of the certificate in the business register provided for in Article 14 of the Act.
§ 2
Scope of storage of traffic and location data
(1) A legal or natural person providing a public communications network or providing a publicly available electronic communications service (hereinafter referred to as "operator") shall provide the authority entitled to request it (hereinafter referred to as "authorised authority") by this decree with defined operational and localisation data (hereinafter referred to as "data").
(2) For electronic communications networks with circuit switching and fixed connections, the following shall be retained:
(a) details of the communication carried out, indicating the type of communication, the telephone number of the subscriber of the call and call card or the telephone card identifier for use in a public telephone machine, the date and time of commencing the communication, the length of the communication and, where appropriate, the state of communication;
(b) details of all public telephone machines, indicating their telephone number, registration number, geographical coordinates and verbal description of the location.
(3) In the case of public mobile electronic communications networks, storage
(a) details of the communication carried out, indicating the type of communication, the telephone number of the subscriber calling and calling, the date and time of commencing the communication, the length of communication, the IMEI number, the StopBTS station number and, where applicable, the StopBTS station number, the destination and additional information;
(b) data on the links between the MSISDN numbers and the IMEI numbers jointly used in the network, BTS identification and IMEI numbers which facilitated calls without a SIM card to the "112" alarm number, the IP addresses of the terminals which facilitated the sending of SMS messages to Internet networks, the date and time of credit recharging for pre-paid services, the number of recharging coupons to a specific subscribers telephone number, the participant's telephone number to a particular recharging coupon,
(c) details of all BTS stations, indicating their number, geographical coordinates, antenna routing azimuth and verbal description of the location of BTS.
(4) For electronic communications networks with packet switching, data on the communication carried out shall be kept
(a) for network access services with an indication of the connection type, user account identifier, service user device identifier, date and time of start of connection, date and time of termination of connection, interest identifiers (e.g. IP address, port number), event status (e.g. success, failure, orderly or exceptional termination of connection), amount of data transferred (inbound / outgoing),
(b) for access services to e-mail boxes with an indication of the user's interest device identifier, user account, message identifier on the postal server, date and time of start of communication, e-mail address of the sender, e-mail address of the recipients, e-mail log identifier, amount of data transferred, information on the use of secure communication,
(c) for e-mail messaging services with an indication of the user-interest device identifier, the e-mail server identifier, the date and time of commencing of the communication, the e-mail address of the sender, the e-mail address of the recipients, the e-mail log identifier, the amount of data transferred, information on the use of the secure communication,
(d) in the case of server services with an indication of the user's interest device identifier, the user account identifier, the date and time of the service requirement, any server identifiers (in particular the IP address, the full domain name of the FQDN), the required URI identifiers or the type of service, additional URI or service identifiers, the services used, the amount of data transferred, the methods and status of the service requirement;
(e) for other electronic communications services (in particular, chat, usenet, instant messaging and IP telephony services), indicating any identifying of the communicating parties, the transport protocol, the date and time of commencing the communication, the date and time of termination of the communication, the services used, the amount of data transferred.
§ 3
Transmission of data
(1) The competent authority requests the provision of stored data through its designated contact point. The operator shall transmit the requested data without delay through its designated contact point. The data referred to in Article 2 (3) (c) shall be transmitted on an aggregated basis on a monthly basis in the current state at the date of transmission.
(2) Communication between the operator's contact points and the authorised authority shall take place in a way that allows remote access as a priority. Applications and data shall be transmitted preferably in electronic form of data files. Only generally available technologies and communication protocols are used in communication of contact centres so that the solution is not linked to a particular manufacturer or supplier.
(3) If it is not possible to use a means of remote access for communication or if the use of such a method would be ineffective, the application or requested data may be transmitted in paper form or in the form of data files on a portable medium.
(4) In order to demonstrate the authenticity of the application and the data transmitted, it should be used:
(a) a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider (1); the cryptographic standard format with public key PKCS # 7 shall be used to create the signature and its verification;
(b) an accompanying letter in paper form containing the reference number or serial number of the application, the name of the file, the date, time and method of transmission and, where appropriate, the control sum or standard hash file (e.g. SHA-1) and the signature of the authorised person,
(c) a letter in paper form containing the reference number and the signature of the authorised person; or
(d) in the case of applications or data already transmitted electronically for a given period, usually one week, for which no other means of proof of authenticity has been used, a letter in paper form containing the reference number and the signature of the authorised person, which shall be sent retrospectively.
(5) The communication data carried out under a specific identifier over a given period of time shall be transmitted by the operator to the competent authority as:
(a) an extract of the communication from the fixed line, if the data referred to in Article 2 (2) (a) are concerned,
(b) a statement of mobile communications, if the data referred to in Article 2 (3) (a) are concerned,
(c) a statement of the data communication if the data referred to in Article 2 (4) are concerned.
(6) The extracts referred to in paragraph 5 shall be transmitted to the competent authority in a structured text file, preferably encoding according to the CP-1250, UTF-8 or ISO 8859-2 character set. The files shall be processed separately for each individual telephone number or other identifier specified in the application. The names of the transferred files shall be structured according to the nominal convention set out in the Annex.
(7) The file is given with a single header and has a fixed structure for the type of network or service or requirement type. The individual lines shall be chronological in the file unless another gear parameter is specified in the application. The extract referred to in paragraph 5 shall be completed on the last line by the word "End."
(8) In the row, the individual data are separated by a semicolon (code 0059 character set) or a tabular (code 0009 character set), the last data is terminated by CRLF (code 0013 and 0010 character set). If any of the data is not required or demonstrably identifiable from the technology used, its location in the structure shall be left blank.
(9) For data consisting of multiple values, the individual values are separated by the symbol "ZV124;" (code 0166 character set). If a character is identical to one of the above separators or "\ '(code 0092 character sets), the character"\' (for example "\; ',"\ CR\ LF', "\\ ') shall be assigned to it.
(10) In justified cases and with the agreement of the authorised authority and the operator, the format, structure and name of the file may be used different from those defined in paragraphs 6 to 9.
§ 4
Storage period
(1) Data shall be kept for a period of 6 months, unless otherwise specified in paragraph 2.
(2) The data referred to in points 3.3.4.5 and 3.3.4.6 of Part 3 of the Annex shall be kept for 3 months.
§ 5
Efficacy
This Decree shall take effect on the date of its publication, with the exception of the provisions of Paragraph 4 (2) and Part 3 of the Annex, which shall take effect on 1 December 2006.
Minister:
Ing. Bérová v. r.

Annex to Decree No 485 / 2005 Coll.
Format of data transmission
1. Nominal convention and structure of the statement of communication from the landline
1.1. The Rated Convention specifies the name of a file for the statement of communication from a fixed line in the form of YYYY.
1.2 The data transmitted in the structured text file is given by the header on the first three lines, the first row containing the data
1.2.1 the type of communication required,
1.2.2. the participant's telephone number or the telephone card identifier for which the statement is required;
1.2.3. Date and time from which an extract is required,
1.2.4. Date and time at which the extract is required,
1.2.5 character set used.
The second line is empty and the third row contains the data names.
1.3 Following the header, the data rows in the structure
1.3.1 call type (mainly outgoing, incoming, SS7),
1.3.2. The caller's telephone number,
1.3.3. Telephone number of the caller,
1.3.4. Date of start of communication,
1.3.5. Communication time,
1.3.6 length of communication in HHH: MM: SS,
1.3.7 the state of communication (usually reported in the SS7 alarm statement).
2. Nominal convention and structure of mobile communication statement
2.1 The nominal convention specifies the name of the mobile communication extract file in the form of YYYY... Y _ ZZZ.txt, where YYYY... Y corresponds to the participant's telephone number, if applicable, to the IMEI number, to IMSI2) or to the BTS number on which the extract is made, and the ZZZ corresponds to the serial number of the request.
2.2 The data transmitted in the structured text file are given by the header on the first three lines, the first row containing the data
2.2.1. An extract identifier designation (MSISDN / IMEI / IMSI / BTS),
2.2.2. MSISDN number, IMEI number, IMSI number or BTS station number for which an extract is required,
2.2.3. Date and time from which the extract is required,
2.2.4. Date and time at which the extract is required;
2.2.5 character set used.
The second line is empty and the third row contains the data names.
2.3 After the header, the lines are followed with data in the structure
2.3.1 type of communication (especially outgoing call, incoming call, SMS message outgoing, SMS incoming),
2.3.2. The caller's telephone number,
2.3.3. Telephone number of the caller,
2.3.4. Date and time at which the communication was initiated in DD format. MM. YYYY HH: MM: SS
2.3.5 length of communication (call time in seconds),
2.3.6. IMEI number of the mobile device,
2.3.7. StartBTS station number,
2.3.8 StopBTS station number,
2.3.9 destinations,
2.3.10 Additional information (setting up additional services).
3. Nominal convention and structure of the statement of data communication
3.1 The nominal convention specifies the name of the data communication extract file in the form of XXX _ MMDD _ ZZZZ. txt, where XXX is the operator code, RMMDD is the date of transmission of the statement in the form of year, month, day and ZZZZ is the numerical identifier of the request.
3.2 The data transmitted in the structured text file are given by the header on the first three lines, the first row containing the data
3.2.1 name of the extract file,
3.2.2 type of extract (service used),
3.2.3 the identifier for which the extract is required (e.g. IP address, participant's telephone number, e-mail address),
3.2.4. Date and time from which an extract is required,
3.2.5. Date and time at which the extract is required,
3.2.6 character set used,
3.2.7 identification of the time zone related to the zero meridian in GMT ± HH: MM)
The second line is empty and the third row contains the data names.
3.3 The following rows are inserted after the header in the order indicated in the header:
3.3.1. Network access
3.3.1.1 type of connection (mainly dialy- up, ADSL, GPRS, cable modem, LAN),
3.3.1.2 user account identifier,
3.3.1.3 the device identifier of the user of the service (in particular MAC, participant's telephone number at the dialysis-up connection),
3.3.1.4 date and time of start of connection,
3.3.1.5. Date and time of termination of connection,
3.3.1.6 interest identifiers (especially IP address and in case of ambiguity of the identification of the terminal device from the IP address also the port number, e.g. PAT),
3.3.1.7. Event status,
3.3.1.8 quantity of data transferred in kilobytes [kB].
3.3.2 Access to e-mail boxes
3.3.2.1 the identifier of the user's interest device (in particular the IP address and port number),
3.3.2.2 User account identifier,
3.3.2.3 Message identifier (ID Message),
3.3.2.4. Date and time of commencing of communication,
3.3.2.5 e-mail address of the consignor,
3.3.2.6 e-mail addresses of beneficiaries,
3.3.2.7 e-mail log identifier (e.g. POP3, IMAP),
3.3.2.8 quantity of data transferred in kilobytes [kB],
3.3.2.9 use of secure communication (yes - no, if any).
3.3.3. Transmission of e-mail messages
3.3.3.1 the identifier of the user's interest device (in particular the IP address and port number),
3.3.3.2. Server identifier for e-mail messages,
3.3.3.3. Date and time of commencing of communication,
3.3.3.4 e-mail address of the consignor,
3.3.3.5 e-mail addresses of recipients,
3.3.3.6 electronic mail log identifier,
3.3.3.7. Quantity of data transferred in kilobytes [kB],
3.3.3.8 The use of secure communication (yes - no, if any).
3.3.4 Server services
3.3.4.1 the identifier of the user interest device,
3.3.4.2 user account identifier,
3.3.4.3. Date and time of service requirement,
3.3.4.4 server identifiers,
3.3.4.5 the required URI identifier or other service identifier,
3.3.4.6 URI or service identifier parameters,
3.3.4.7 the service used (e.g. ftp, http),
3.3.4.8. Quantity of data transferred in kilobytes [kB],
3.3.4.9 Request method (e.g. POST, GET, DEL)
3.3.4.10 Request status (e.g. success, failure, timeout, status code).
3.3.5 other electronic communications services (especially chat, usenet, instant messaging and IP telephony services)
3.3.5.1 interest identifier,
3.3.5.2 source device identifier (e.g. IP address and port number),
3.3.5.3 Target device identifier (e.g. IP address and port number),
3.3.5.4 Transport protocol,
3.3.5.5 Date and time of commencing of communication,
3.3.5.6 Date and time of termination of communication,
3.3.5.7. Services used,
3.3.5.8 quantity of data transferred in kilobytes [kB].
1) Article 11 of Act No. 227 / 2000 Coll., on Electronic Signature, as amended.
2) Recommendation ETSI EN 300 927.

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Regulation Information

CitationDecree No. 485 / 2005 Coll., on the scope of the operating and localisation data, the time of their retention and the form of their transmission to the authorities authorised to use them
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation15.12.2005
Effective from15.12.2005
Effective until-
Status Valid
The regulation text is for informational purposes only.
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