Recommendation R(95) 4 of the protection of personal data in the area of telecommunication services, with particular reference to telephone services
(Adopted by the Committee of Ministers on 7 February 1995 at the 528th meeting of the Ministers' Deputies).
The recommendation contains recommendations for network operators and telecommunication services providers who in the course of accomplishment of their functions collect and use personal data, and also specifies the rules pertaining to direct marketing in connection with the use of telephone or other telecommunication means. Any interference into content of communications carried out by network users or service providers should be forbidden, unless the authorisation concerning technical requirements of interception of communication registration has been obtained. Interference of public authorities in the content of communication with the use of tapping devices and general control and interception of communications is forbidden, unless the law provides for such interference as a measure necessary in a democratic state. If the network user or service provider is obliged by the public authorities to carry out the interference, the data collected in such way should be communicated to the authority designed in the authorisation for that interference solely. Personal data should not be stored by the network users or service providers, unless it is necessary for the purposes of connecting to network or accomplishment of a specific telecommunication service as well as for the billing purposes. Subscribers shall have the right to give their consent or refuse such consent (without giving reasons) for publishing his/her personal data in a directory. However, if domestic law provisions require including specific data into the directory, the subscriber should have a possibility to exclude his/her data from the directory after giving his/her reasons. In case of the subscribers who did not give their consent for processing of their personal data for direct marketing purposes it would be desired to develop suitable measures for identifying these subscribers in the directories. As regards the incoming calls every person should be informed that data relating to user of a particular telephone number are processed by the called subscriber. The principles laid down in the Recommendation R(89)2 on the protection of personal data used for employment purposes shall apply to the operation by employers of telephone call logging systems at their places of work. Where the surveillance or interception of incoming and outgoing calls of a subscriber has been authorised, the surveillance or interception measures should not extend to all incoming calls on the terminal of a third party subscriber but only to those which have been forwarded by the former. As regards the mobile telephone users service providers should inform subscribers on the risk for secrecy of correspondence which may accompany the use of mobile telephone networks, in particular in the absence of encryption of radiocommunications. The recommendation also indicates the necessity to ensure that billing for the use of a mobile telephone does not require the storage of data revealing with too great a precision the location of the subscriber or the called party at the time of use.
The recommendation contains recommendations for network operators and telecommunication services providers who in the course of accomplishment of their functions collect and use personal data, and also specifies the rules pertaining to direct marketing in connection with the use of telephone or other telecommunication means. Any interference into content of communications carried out by network users or service providers should be forbidden, unless the authorisation concerning technical requirements of interception of communication registration has been obtained. Interference of public authorities in the content of communication with the use of tapping devices and general control and interception of communications is forbidden, unless the law provides for such interference as a measure necessary in a democratic state. If the network user or service provider is obliged by the public authorities to carry out the interference, the data collected in such way should be communicated to the authority designed in the authorisation for that interference solely. Personal data should not be stored by the network users or service providers, unless it is necessary for the purposes of connecting to network or accomplishment of a specific telecommunication service as well as for the billing purposes. Subscribers shall have the right to give their consent or refuse such consent (without giving reasons) for publishing his/her personal data in a directory. However, if domestic law provisions require including specific data into the directory, the subscriber should have a possibility to exclude his/her data from the directory after giving his/her reasons. In case of the subscribers who did not give their consent for processing of their personal data for direct marketing purposes it would be desired to develop suitable measures for identifying these subscribers in the directories. As regards the incoming calls every person should be informed that data relating to user of a particular telephone number are processed by the called subscriber. The principles laid down in the Recommendation R(89)2 on the protection of personal data used for employment purposes shall apply to the operation by employers of telephone call logging systems at their places of work. Where the surveillance or interception of incoming and outgoing calls of a subscriber has been authorised, the surveillance or interception measures should not extend to all incoming calls on the terminal of a third party subscriber but only to those which have been forwarded by the former. As regards the mobile telephone users service providers should inform subscribers on the risk for secrecy of correspondence which may accompany the use of mobile telephone networks, in particular in the absence of encryption of radiocommunications. The recommendation also indicates the necessity to ensure that billing for the use of a mobile telephone does not require the storage of data revealing with too great a precision the location of the subscriber or the called party at the time of use.


