Many may have received annoying calls repeatedly in the form of "pranks" or even more threatening ones., abusive and defamatory either by an unknown or secret number. In these cases if you do not know the details, what you can do is find out which number is calling you as follows:
You can ask the communication service you are a user not to accept hidden calls (he will show them that he is talking when they take you in secret) or ask the obligated provider to neutralize the caller's concealment for a limited period, in order to detect annoying or malicious calls (Government Gazette B 1853 – 21.12.2006). In this second case, anyone who calls you in secret will hear a recorded message (before your phone even rings) that his concealment has been neutralized.
Once you know which number is calling you, opens a way to locate the person who is bothering you by resorting to the complaint of the person who is threatening or bothering you. The prosecutors, investigative and pre-investigative authorities, much less the Judicial Councils and the Courts, are entitled to request from the Communication Services providers, via the internet the electronic traces of a criminal act, the chronology and details of the person to whom the electronic trace corresponds, from the other providers of communication services the "external elements" of communication (call number, caller - caller details, call time etc.) and the provider is obliged to deliver them without the need to obtain prior permission from any Authority, in particular the Communications Confidentiality Authority (ADAE).
THE DECISION IN DETAIL
ADAE decision 2322/2006 - Government Gazette 1853 / Β / 21-12-2006
Eliminate the ability to not call the hotline to detect malicious or annoying calls
DECISION OF PRINCIPLE OF CONFIDENTIALITY OF COMMUNICATIONS (ADAE)
(No.. Decision: 159/2006)
Taking into consideration:
1.The provisions:
a. of the article 8 par. 7 ed. α ’του ν. 3471/2006 "Protection of personal data and privacy in the field of electronic communications and amendment of n. 2472/1997» (Government Gazette 133 A'), b. of the article 10 approx. a of no. 2002/58/EC Directive of the European Parliament and of the Council on the processing of personal data and the protection of privacy in the electronic communications sector (Privacy Directive in electronic communications)», c. of n. 3115/2003 "Principle of Ensuring the Confidentiality of Communications" (Government Gazette 47 A') and in particular the article 6 par. 1 ed. l ',
2.The fact that the provisions of this act do not cause any expenditure to the detriment of the State Budget, decided at its meeting on 6 December 2006, the approval of the act on the subject: "Neutralization of the possibility of not indicating the calling line for the detection of malicious or annoying calls" with the content that follows:
Article 1
Purpose
1.This act defines the more specific procedures, the way, the duration and any other necessary details for the elimination of the possibility of non-indication of the calling line by the public network providers or publicly available electronic communications service for the detection of malicious or annoying calls, and the availability of data containing the identity of the calling subscriber or user to the subscriber or user requesting tracing.
2.The provisions of this act cover all providers of public communications network or publicly available electronic communications service.
Article 2
Definitions
For the purposes of this act, in addition to the definitions contained in n. 3471/2006 (Government Gazette 133 A'), taking into account the definitions of n. 3431/2006 (Government Gazette 13 A'), are understood as:
"Subscriber": any natural or legal person who has entered into a contract with a provider of publicly available electronic communications services for the provision of such services.
"User": any natural person who uses a publicly available electronic communications service for personal or business purposes, without necessarily being a subscriber to that service.
"Electronic communications services": services that are usually provided for a fee and which are recommended, in whole or in part, in the transmission of signals in electronic communications networks, including telecommunications services. Electronic communications services do not include the provision or control of content transmitted through electronic communications networks and services, as well as Information Society services, as defined in paragraph 2 of the article 2 of p.d.. 39/2001 (Government Gazette 28 A'), and not related, in whole or in part, in the transmission of signals in electronic communications networks.
"Public communications network": the electronic communications network, Which is used, in whole or in part, to provide publicly available electronic communications services.
"Publicly available electronic communications services": electronic communications services provided to the public.
"Provision of electronic services network": the recommendation, function, the control and disposal of such a network.
"Obligatory Provider": provider of a public communications network or a publicly available electronic communications service.
"Provider of a public electronic communications network or a publicly available electronic communications service": the company it recommends, operates, controls or has a network for publicly available electronic communications services or which simply provides publicly available electronic communications services.
"Call": connection made through a publicly available telephone service that allows two-way communication in real time.
"Application for Detecting Malicious or Annoying Calls" or "Application": request submitted to the provider of a public electronic communications network or publicly available electronic communications service for the elimination of the possibility of non-indication of the calling line and the provision of data containing the caller ID of the subscriber or user to detect malicious or annoying calls.
"Malicious call": a call involving in particular a threat of violence or other unlawful act or omission, insult, insult of sexual dignity, blackmail.
"Annoying call": call which, without being malicious, disturbs the peace of the home and causes concern, such as silent and repeated calls.
Article 3
General Obligations
1.Obliged Providers must have the means to eliminate the possibility of not indicating the calling line to detect malicious or annoying calls, in particular by adding the necessary commands to the software of their facilities.
2.Obliged Providers who receive Applications for Detection of Malicious or Annoying Calls, owe, in accordance with the existing provisions on the protection of personal data, keep a record of the original Applications, as well as all relevant legal documents, as defined in the article 4 of this. This obligation is valid for a period of two (2) years from the submission of each of the above Application. If during the above period disputes arise before any competent Authority or Court, the files related to these disputes should be kept under the responsibility of the Obliged Provider until their irrevocable resolution, if the disputed dispute has been notified to the liable provider.
3.The Obliged Providers, Recipients of Malicious or Annoying Calls, ensure that all that is mentioned in par. 2 of this Article to be available, and in case they are requested by A.D.A.E., to be delivered to it within an exclusive period of five (5) working days from the receipt of the relevant request.
4.The data, containing the identity of the calling subscriber or user, are stored and available from the Obliged Provider only to the subscriber or user requesting tracing, in accordance with the provisions of Article 5 of this Act, and then deleted, unless otherwise provided by law.
5.The Obliged Providers, to eliminate the possibility of non-indication of the calling line in accordance with the provisions of Article 5 of this act, owe, during the period of neutralization and before the restoration of the connection with the number of the subscriber who has submitted the application for the Detection of Malicious or Annoying Calls, to inform the callers with a recorded message that the possibility of not indicating the calling line to the specific called number will be neutralized and that the data of the article 5 par. 2 will be available to the subscriber or user requesting to detect malicious or annoying calls.
6.Obliged Providers during the implementation of this must take all necessary measures to ensure the confidentiality of communications and comply with current legislation on confidentiality of communications.
7.Applications for Malicious or Annoying Calls must be processed reliably, validity, accuracy, speed and safety, and only for the period specified in the article 5 of this.
8.The Obliged Providers are obliged to have at any time a defined internal procedure for processing Applications for the Detection of Malicious or Annoying Calls.
9.The Obliged Providers must carry out regular reviews and revisions of the mentioned in par.. 8 of this Rule of Procedure, either voluntarily, or after a relevant order of A.D.A.E..
10.Obliged Providers must designate a Central Response Officer for Malicious or Annoying Calls, who will supervise the proper implementation and observance of the internal procedure for processing Applications, in accordance with this Act. The details of the Central Responsible for the Processing of Applications for the Detection of Malicious or Annoying Calls are notified to the ADAE within one month from the issuance of this act..
11.Regarding the selection of the Central Applicant for the Processing of Malicious or Annoying Calls, the provisions of article 8 par. 8 π.δ. 47/2005 ("Procedures as well as technical and organizational guarantees for the removal of the confidentiality of communications and for its security", Government Gazette A ' 64) for the selection of the "authorized person".
12.For the execution of the procedures provided in this act, liable providers must select staff, which provides adequate guarantees for the observance of the prescribed security measures and the guarantee of the confidentiality of communications.
Article 4
Submit Applications for Detecting Malicious or Annoying Calls
1.Obliged Providers accept Applications for Detection of Malicious or Annoying Calls exclusively from their subscribers.
2.Applications for Malicious or Annoying Calls, containing at least the particulars set out in this Annex and the relevant legal documents and supporting documents, as defined in this article, submitted in the following ways: a) directly at the head office of the Obliged Provider
b) in stores of the Obliged provider for the provision of retail services c) by registered letter or by couriers to the head office of the Obliged Provider. In this case the application must be considered as the original signature d) electronics, using an electronic signature only.
Obliged Providers must have standard Application Forms for the Detection of Malicious or Annoying Calls and make them available to interested subscribers.
3.The request for the Detection of Malicious or Annoying Calls is acceptable provided that the following conditions are met::
a) the information set out in this Annex has been completed and, b) submitted by the subscriber of the called line, according to the provisions of par. 4 to 6 of this article.
4.To verify the identity of the subscriber who submits the application for the Detection of Malicious or Annoying Calls, the obligated provider receives and keeps a copy of the subscriber ID card, or other public document certifying his identity.
5.In case the subscriber submits an application for the Detection of Malicious or Annoying Calls which are made at the expense not of the same but of another user, who uses the subscriber connection, the application bears, in addition to the subscriber's signature, and the signature of that user, and the identity of the latter is written on it.
6.In case of submission of an application by a user of a mobile telephony service with a prepaid airtime card, the applicant, in addition to certifying his identity, according to par. 4 of this article, submits to the Obliged provider and Responsible Declaration of ownership of the SIM card, accompanied by a photocopy of the card.
7.The Obliged Providers shall proceed with the procedure provided in the article 5 of this only the Applications that are admissible, according to par.
3of this article, and justified.
Article 5
Processing an Application for the Detection of Malicious or Annoying Calls
1.The Obliged Provider neutralizes the possibility of non-indication of the calling line for the period requested by the subscriber, and which may not exceed fifteen in duration (15) days from the start of neutralization. This interval starts at two (2) working days from the date of receipt of the Application by the Obliged provider.
The specific time period is determined as above in the subscriber's application.
In case of rejection of an Application for Detection of Malicious or Annoying Calls due to inadmissibility or due to lack of reasoning, the obligated provider is obliged to inform the subscriber within this period of six (6) working days from the receipt of the respective Application.
2.The Obliged Provider has without undue delay the data contained in the identification of the calling subscribers or users, for the period specified in the application, to the subscriber who submitted the respective Application. This data is limited to reporting incoming calls to the subscriber line requesting malicious or annoying calls, and specifically in the following:
a) good phone number,
b) date,
c) time and,
d) duration of the call.
For the rest, the provision by the Obligatory Provider of contact details, in addition to the above, to detect malicious or annoying calls is subject to the terms and procedures of. 2225/1994 "On the protection of freedom of response and communication and other provisions" (Government Gazette 121 A'), as applicable, and of p.d.. 47/2005 "Procedures as well as technical and organizational guarantees for the removal of the confidentiality of communications and for its security" (Government Gazette 64 B ').
3.Without prejudice to par. 4 of this article, the obligated provider shall provide the subscriber who has submitted the application with the data referred to in paragraph. 2 of the present in one of the following ways, which the applicant has chosen in his application:
a) the Obliged Provider notifies the subscriber to receive the data from the retail service store to which the Application was submitted, upon presentation of the identity card or other public document certifying his identity.
b) the Obliged Provider sends a registered letter to the subscriber, to the address specified by the latter in his Application.
4.In the case of article 4 par. 5 of this, the data containing the identification of the calling subscribers or users are made available in accordance with the previous paragraph exclusively to the user, who has co-signed the Malicious or Annoying Call request, and the notice or registered letter of par. 3 of this article is addressed exclusively to that user.
5.In case that, for technical or other reasons, the Obliged Provider may not make available to the subscriber or user who submitted the application all or part of those mentioned in par.. 2 data of this article, is obliged to inform about this subscriber or user, justifying this weakness and at the same time providing the data it can make available.
Article 6
Control
1.ADAE carries out audits for the observance and application of the provisions of this act in accordance with the provisions of n. 3115/2003, in p.d.. 47/2005 and the decisions of ADAE with no. 629a / 2004 "Regulation on Ensuring Privacy in the Provision of Mobile Telecommunication Services" (Government Gazette B’87 / 2005) and 630a / 2004 "Regulation on Ensuring Confidentiality in the Provision of Fixed Telecommunication Services" (Government Gazette B’87 / 2005).
2.ADAE audits are carried out regularly or extraordinarily.
3.The audit is performed in the presence of the Central Application Officer for the Detection of Malicious or Annoying Calls.
4.Every Obliged Provider, within the first quarter of each calendar year, submits to ADAE Annual Report, which relates to the previous year, with information related to the Processing of Applications for the Detection of Malicious or Annoying Calls and the assurance of the confidentiality of the specific procedure.
5.The minimum content of the Annual Report is defined as follows:
a) Number of Applications for Detecting Malicious or Annoying Calls.
b) Number of Applications Rejected as Inadmissible.
c) Number of Requests Rejected as Unreasoned.
d) Average response time of the Obliged Providers from the receipt of the Application.
e) Technical problems that may have occurred during the processing of the Applications.
f) Incidents that threatened to ensure the confidentiality of this process.
g) Measures taken to address the above incidents.
Article 7
Transitional provisions
Obliged Providers must implement the obligation of the paragraph 5 of the article 3 of this act within a period of three (3) months after its publication.
Article 8
Entry into Force
The validity of the present begins from its publication in the Government Gazette.
This decision to be published in the Government Gazette.
Maroussi, 11 December 2006
Source:aftodioikisi.gr
