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Part 2 · Data Protection and Protection of Privacy in Telecommunications  ›  Chapter 2 · Traffic Data, Location Data › Section 11

Itemised billing

(1) The traffic data under section 9(1), first sentence, nos. 1 to 3 relating to connections for which the end-user is liable to pay must be disclosed to the end-user by the provider and persons participating under section 3(2), first sentence, nos. 1 and 2, where the end-user has requested itemised billing before the relevant billing period. On request, data on connections covered by a flat rate may also be disclosed. The end-user decides whether the telephone numbers they dialled are disclosed to them in full or with the last three digits truncated. In the case of a subscriber connection in a household, disclosure is permitted only where the holder of the connection has declared in text form that they have informed all persons belonging to the household who use the subscriber connection, and will inform without delay any future co-users of the subscriber connection, that the traffic data under the first sentence will be disclosed to the holder of the subscriber connection for the purpose of providing itemised billing.
(2) Notwithstanding paragraph 1, the traffic data under paragraph 1, first sentence may be disclosed to the end-user where the end-user has raised objections to the amount of the connection charges. This also applies to a mobile telephone connection.
(3) In the case of subscriber connections in businesses and public authorities, disclosure is permitted only where the holder of the subscriber connection has declared in text form that the employees have been informed and future employees will be informed without delay, and that the works council or staff representative body has been involved in accordance with the statutory provisions, or that such involvement is not required. Insofar as the public-law religious societies have enacted their own staff representation rules for their sphere, the first sentence applies with the proviso that the respective staff representative body takes the place of the works council or staff representative body.
(4) Insofar as a holder of a connection is obligated to bear the charges, wholly or in part, for connections arriving at their connection, the numbers of the connections from which the calls originated may be disclosed to them in the itemised billing intended for them only with the last three digits truncated.
(5) The itemised billing under paragraph 1, first sentence must not reveal connections to connections 1. whose holders are persons, authorities or organisations in social or ecclesiastical fields that offer, wholly or predominantly, telephone counselling on emotional or social crises to end-users who as a rule remain anonymous, and who, or whose staff, are subject in that regard to special duties of confidentiality, and 2. that the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur) has entered on a list.
(6) Counselling within the meaning of paragraph 5 no. 1 is provided, alongside the groups of persons named in section 203(1) nos. 4 and 5 of the Criminal Code, in particular by telephone pastoral counselling services and health counselling services. The Federal Network Agency shall enter the holders of connections on the list on application where they have shown, by a certificate from an authority or from a public-law body, institution or foundation, that they fulfil the function described in paragraph 5 no. 1. The list is made available for retrieval by an automated procedure. Persons under a duty pursuant to section 3(2), first sentence who prepare itemised billing must query the list quarterly and apply changes in their billing procedures without delay.

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