S.L. 399.48 · Electronic Communications Networks (S.L. 399.48)
S.L. 399.48 ст. 106Exceptions.
PART XIII
(1) An undertaking which provides a public electronic communications network and, or a publicly available electronic communications service shall override anything done to prevent the presentation of the identity of a calling line where:
(a) a subscriber has requested the tracing of malicious or nuisance calls received on his line, and
(b) such an undertaking is satisfied that such action is necessary and expedient for the purposes of tracing such calls:
Provided that the data containing the identification of the calling subscriber shall be stored and made available by the aforesaid undertaking to the competent authority in accordance with the relevant legislation:
Provided further that the aforesaid undertaking shall abide with any decision that the Authority may, from time to time, issue where the Authority considers that the aforesaid undertaking has not taken adequate measures in accordance with the requirements of this regulation.
(2) The overriding reason for the elimination of the presentation of the calling line identification in accordance with sub-regulation (1) may only be provided for the duration of the period during which the malicious or nuisance calls take place.
(3) A request under this regulation shall be made in writing and shall include such information as may be necessary for the processing of the request. In cases of urgency a verbal request may be made, provided a written request is sent within twenty-four hours of the request that was made verbally.
(4) An undertaking which provides publicly available electronic communications services shall not prevail over the elimination of the presentation of calling line identification and the temporary denial or absence of consent of a subscriber or user for the processing of location data, on a per line basis, for calls made to emergency access numbers for the purpose of responding to such calls.