Commentaries: Art. 50

Each TSP, with the exception of those with reduced surveillance duties (Art. 51), and each PDCS with more extensive surveillance duties (Art. 52) must be able to conduct the surveillance activities in Sections 8–12 of this Chapter (Art. 54–69) that relate to services that they provide, or they must be able to arrange for third parties to conduct the surveillance. PDCSs with more extensive surveillance duties are not required to conduct the types of surveillance in Articles 56a , 56b , 67 letters b and c and 68 paragraph 1 letters b and c.¹
The provider shall ensure its ability to conduct surveillance of telecommunications from the commercial launch of a service provided to customers.
It shall ensure that it can accept surveillance assignments outside normal working hours in accordance with Article 10 and can conduct them or arrange for third party to do so in accordance with the FDJP requirements.
It shall guarantee that within the period specified in the surveillance assignment surveillance will be conducted of all telecommunications traffic carried on the infrastructures under its control provided the traffic is part of the services under surveillance and can be assigned to the target ID².
It shall support the PTSS, at its request, in order to ensure that the transmitted surveillance data actually corresponds to the telecommunications traffic specified in the surveillance assignment.³
If additional identifiers are associated with the target ID (e.g. IMPI with IMPU, email address with alias address, extra-SIM, multi-device), the provider shall ensure that these identifiers are also monitored as part of the type of surveillance.⁴
In the case of real-time surveillance of mobile services, relevant network elements such as HLR, HSS and UDM shall also be monitored, in particular to record information about the network providing the service, a change in the assigned service and device identifiers, location-related events, a change in the network element providing the service, and identification and authentication events involving the target ID and shall be transmitted to the IRI in standardised form.⁵
In the case of real-time surveillance in the IMS, determination of location data for the target ID from the network side shall if necessary be initiated.⁶
If a new terminal device (multi-device) or a new SIM (extra SIM) is added to a service when real-time surveillance or periodic position determination is already active, this device or SIM must also be monitored. No additional fee is payable for this and no additional compensation is paid. If necessary, the provider may request an additional administrative identification number for the surveillance.⁷

Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). ↩
Term in accordance with No 1 para. 2 of the FA of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). This amendment is made in the provisions specified in the AS. ↩
Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). ↩
Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). ↩
Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). ↩
Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). ↩
Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). ↩

Art. 50

Footnotes