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Part 2 · Data Protection and Protection of Privacy in Telecommunications  ›  Chapter 3 · Notification of Incoming Calls, Calling Line Identification Presentation and Suppression, Automatic Call Forwarding › Section 14

Notification of incoming calls

(1) Where a holder of a connection plausibly asserts in a procedure that threatening or harassing calls are being received on their connection, the provider of the telecommunications service must, on written application, and also across networks, provide information on the holders of the connection identifiers from which the calls originate; the procedure must be documented. The information may relate only to connections and attempts to establish a connection that took place after the application was made. The provider of the telecommunications service may process the connection identifiers, names and addresses of the holders of those connection identifiers, and the date and time of the beginning of the connections and attempted connections, and may disclose this data to the holder of the connection concerned.
(2) Disclosure under paragraph 1, third sentence may take place only where the holder of the affected connection has first narrowed down the connections by date, time or other suitable criteria, insofar as misuse of this procedure cannot be excluded in some other way.
(3) In the case of information obtained across networks, the other providers and operators participating in the connection under section 3(2), first sentence are obligated to provide the provider of the telecommunications service of the threatened or harassed holder of the connection with the necessary information, insofar as they hold that data.
(4) The holder of the connection identifier from which the identified connections originated must be informed that information on those connections has been disclosed. This may be dispensed with where the applicant has plausibly shown in writing that substantial disadvantages may arise for them from that notification, and those disadvantages appear, on balancing against the legitimate interests of the caller, to be substantially more serious. Where the holder of the connection identifier from which the calls described as threatening or harassing originated becomes aware in another way of the disclosure of information under paragraph 1, third sentence, they must, on request, be informed of that disclosure.
(5) The supervisory authority must be informed without delay of the introduction and amendment of the procedure for complying with the requirements of paragraphs 1 to 4.

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