S.L. 399.48 Art. 105Presentation and restriction of calling and connected line identification.

(1) Where presentation of calling-line identification is offered, the undertaking which provides publicly available electronic communications services shall ensure that:

(a) the calling user shall have the possibility, using a simple means and free of charge, of preventing the presentation of the calling-line identification on a per call basis. The calling subscriber shall have this possibility on a per line basis;

(b) the called subscriber shall have the possibility, using a simple means and free of charge for reasonable use of this function, of preventing the presentation of the calling line identification of incoming calls;

(c) where the calling line identification is presented prior to the call being established, the undertaking which provides publicly available electronic communications services shall ensure that the called subscriber shall have the possibility, using a simple means, of rejecting incoming calls where the presentation of the calling line identification has been prevented by the calling user or subscriber.

(2) Where presentation of connected line identification is offered, the undertaking which provides publicly available electronic communications services shall ensure that the called subscriber shall have the possibility, using a simple means and free of charge, of preventing the presentation of the connected line identification to the calling user.

(3) The provisions of sub-regulation (1)(a) shall also apply with regard to calls to other countries, whereas the provisions of sub-regulations (1)(b) and (c) and (2) shall apply to incoming calls originating in other countries.

(4) Where the presentation of calling or connected line identification is available, the undertaking which provides publicly available electronic communications services or the undertaking which provides a public electronic communications network shall inform subscribers and users of the existence of such services as well as of the AND SERVICES (GENERAL)

possibilities referred in sub-regulations (1) and (2).

(5) Sub-regulations (1) and (3) shall not apply when a law specifically provides for measures to restrict the scope of such rights and obligations where such restrictions constitute a necessary, appropriate and proportionate measure required in the interest of:

(a) national security;

(b) defence;

(c) public security;

(d) the prevention, investigation, detection and prosecution of criminal or administrative offences, or of breach of ethics for regulated professions;

(e) an important economic or financial interest including monetary, budgetary and taxation matters;

(f) a monitoring, inspection or regulatory function connected, even occasionally, with the exercise of official authority referred to in paragraphs (c), (d) and (e); or

(g) the protection of the subscriber or user, or of the rights and freedoms of others.