The National Post and Telecom Agency, PTS, has looked at four cases between mid-December and early February where Bahnhof not disclosed the details of the subscription Police Authority requested.
Bahnhof has justified its refusal to be merely provide information about the subscription if there is suspicion of a serious crime and has referred to the European Court of Justice.
the operator has introduced a routine where the Police Authority had to fill in the suspected crime it is all about and not dealt with it on the criminal sanction remained for six months.
Read also: PTS: “Operators must disclose information”
But Bahnhof’s interpretation of it legal position is not according to PTS. The European Court has ruled on the requirements on the storage and how they should be designed. But here it is, according to PTS, about Bahnhof’s obligation to disclose information held by the company, and not about Bahnhof’s obligation to store traffic data.
The provision in the Electronic Communications Act is namely “not directly linked to the obligation to store traffic, etc. without statutes the obligation for operators to disclose the details of the plan that the operator actually, whether the operator holds them because of storage obligation or some other reason, “writes the PTS in its submission.
Read also: New brawl between Bahnhof and the police about the data stored customer data
Now Bahnhof disclose the data later than April 7 otherwise await a fine of five million crowns.
Here are the full PTS order.
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