LUXEMBOURG - Council of Europe

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11. What are the existing practices and experiences with regard to international cooperation,
in particular in relation to the procedures described in question 4?
The law enforcement authorities do not perform any proactive monitoring of the Internet. Only on
finding an offence covered by the specific provisions of the Penal Code on terrorism can the
investigating judge to whom the case is referred issue an order requiring the access provider or the
host of the incriminated site to take blocking and/or closure measures. As regards experiences of
collaboration with foreign police departments in this field, the cases dealt with in this way principally
concerned national investigations focused on the storage or dissemination of child pornography,
whereas it has not yet been possible to acquire experience in measures to block sites preaching
terrorism.
D. Institutional framework
12. Please list the institutions that are competent for countering terrorist misuse of
cyberspace.
The competent institutions are the judicial authorities (prosecution department and investigating
judges) and the Grand-Ducal Police Force. Within the police they are, more specifically, the judicial
police department (Police Judiciaire) and in particular the Anti-Terrorist Unit of the General Crime
Section in collaboration with the New Technologies Section for the technical side.
13. In order to counter terrorist misuse of cyberspace are there any partnerships between
the public and private sectors or legal obligations for operators of electronic
communication (Internet-service providers, hosting companies, etc.) as well as persons
providing the public with access to systems which allow on-line communication via
access to the network (cyber cafe, WiFi hotspot)?
At present there is no specific legal obligation as regards the use of cyberspace. Among the
"ordinary" obligations in force in this respect, mention should be made of the law of 30 May 2005
requiring providers in the communications sector to retain a certain number of pieces of information
(see excerpt below).
There is no formal partnership between the public and the private sectors, although the relevant
police departments keep up excellent relations with the service providers and their co-operation is
good on the whole.
Law of 30 May 2005
– on the specific arrangements to protect the individual as regards the processing of
personal data in the electronic communications sector, and
– amending Articles 88-2 and 88-4 of the Code of Criminal Investigation
Article 5. Data on traffic
(1) (a) To meet the needs of detecting, determining and prosecuting criminal offences, and for
the sole purpose of allowing information to be made available as required to the judicial
authorities, all service providers or operators processing data which relate to traffic are obliged
to retain such data for a period of 12 months. A Grand-Ducal regulation shall determine the
categories of traffic data which may be of use in detecting, determining and prosecuting
criminal offences.
(b) After the period of retention prescribed in sub-paragraph (a) above, the service provider or
operator shall delete or render anonymous the traffic data concerning the subscribers and
users.
(…)