Government Decree No. 226/2003. (XII. 13.) Korm. on the ... - English

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and (4) of Eht., with special regard to the fact that the security of service shall include the security of data management associated with the service. (4) The code defined in Paragraph (1) and the bulletin defined in Paragraph (3) shall be forthwith updated in the case of the existence of circumstances giving rise thereto, thus, in particular, a change in the circumstances affected by the provision of information set forth in Paragraph (3). The updated bulletin shall be published forthwith in the way regulated in Paragraph (3). Article 4 (1) The service provider shall, pursuant to Article 142, Paragraph (2) of Eht., indicate the traffic and invoicing data that are required to allow the subscriber to become familiar and check the correctness of the calculation of the fee, to the extent required for the calculation of the fee and passing judgement in any fee dispute. (2) The statement defined in Paragraph (1) may not contain data suitable for the unambiguous identification of the called party, with the exceptions set forth in Paragraphs (3) to (5). (3) If, pursuant to Article 142, Paragraph (2) of Eht., the subscriber requests a statement containing more detailed data than the items set forth in Paragraphs (1) and (2) from the service provider, the service provider shall, prior to providing such data, call the attention of the subscriber to the fact that together with the statement, it may come into the possession of the personal data of natural person users other than the subscriber using the electronic communications service, and the subscriber is only entitled to become familiar with such data if the users have consented thereto. (4) The service provider is not obliged to examine the existence of the consent or the content thereof, only the subscriber shall be responsible for the consent. (5) The information defined in Paragraph (3) shall be included in the general terms of contract or, if the service provider is not obliged to draw up such a contract, in the individual subscriber contract. Article 5 (1) In the statement defined in Article 4, Paragraph (3), the service provider may not, even at the request of the subscriber, state the calling numbers of the organizations published by the National Communications Authority (hereinafter: “authority”) as “unidentifiable calling number” at least five days prior to receipt of the subscriber’s request, on which a) a service is provided mostly to anonymous callers from which special data may be inferred regarding the calling party, thus, in particular, calls made to emergency lines related to religious or physiological problems or pathological addictions, b) mostly anonymous callers are allowed to report crimes (anonymous witness lines), c) emergency services are notified. (2) The authority shall keep electronic records of the unidentifiable calling numbers (hereinafter: “registry of unidentifiable calling numbers”). (3) The application for entry in the registry of unidentifiable calling numbers shall be submitted to the authority. The authority shall decide on the application within 15 days, and shall enter the calling number specified by the applicant in the registry of unidentifiable calling numbers or shall refuse such entry in the registry. (4) The authority shall ensure that the electronic communications service providers may have access continuously and electronically, without paying a separate fee, to the list of calling numbers included in the registry of unidentifiable calling numbers. Article 6 (1) The service provider shall ensure free of charge, at the written request of the subscriber, a) for the calling party user to be able to prohibit the presentation of its identifier on the called telephone set for each call, b) for the calling subscriber that it may prohibit the presentation of its identifier on the called telephone set at each subscriber access point, c) for the calling party user that it allow the presentation of its identifier on the called telephone set for each call, notwithstanding the prohibition defined in paragraph b), d) for the called subscriber that the identifier of the calling party be not presented on its telephone set, e) for the called subscriber to refuse to accept calls in the cases of which the calling party has prohibited the presentation of its identifier. (2) The prohibition defined in Paragraph (1), subparagraphs a) and b) shall not apply to the calling numbers of organizations defined in a separate legal rule that are especially important for the functioning of the state and 2
the provision of the public with essential services and for the emergency services (police, fire brigade and ambulance), including calls made to the “112” uniform European emergency number. In order to respond to emergency calls, the service provider shall, at the request of the emergency services, make available data relating to the identification of the calling party and the location of the calling party even in the case of the lack or withdrawal of its consent to the identification of the calling party and the handling of data identifying locations. (3) The service provider shall be entitled to temporarily disregard the prohibition of the identification of the line of the calling party while cooperating with the authorities defined in Article 155, Paragraph (7) of Eht., in the procedure defined therein, if a subscriber requests this in the interest of tracking malicious or harassing calls in the cases of which there is good reason to suspect that any of the crimes defined in Article 155, Paragraph. (7) of Eht. have been perpetrated. In this case, the service provider shall store the call data containing the identification of the calling subscriber and shall make them available to the entities authorized to have access to them. (4) The service provider shall ensure free of charge for its called subscriber that, at its request, in the case of calls made to the calling number of the subscriber, the identifier of the called line is not presented on the telephone set of the calling party (prohibition of the presentation of the identifier of switched lines). (5) The mobile radio telephone service provider shall only ensure that the provisions of this Article are performed when the mobile radio telephone services are used for the purpose of voice transmission. (6) The service provider shall also ensure that the provisions of this Article are performed in the case of international calls within its own network in respect of subscriber lines connected to analogue exchanges if this is technically and economically feasible. (7) The service provider shall inform the public about the possibilities provided to them in this Article at its client service, on its Internet website and in other customary ways. Article 7 (1) The service provider shall ensure for the subscriber free of charge that if the service provider automatically diverts, at its request, the calls arriving at its telephone set to a telephone set with another calling number, it may request that no data a) that contains reference to the calling number to which the diversion has been made or b) that contains reference to the person of the subscriber to whom the diversion has been made appear on the telephone set of the calling party. (2) The service provider shall ensure free of charge that the subscriber may prohibit, at the request of the diverting subscriber, the automatic diversion of calls arriving at the calling number of the diverting subscriber to the subscriber’s own calling number if it is technically possible. Article 8 The service provider shall allow the subscriber and the user to carry out the provisions of Articles 6 and 7 in a simple way, thus, in particular, to perform the individual prohibitions by using the telephone set if the telephone set is technically suitable therefor. Article 9 For the purposes of Article 6 and Article 7, Paragraph (1), it shall also be regarded as the presentation of the identifier if the identifier is communicated to the user through an automated voice recording. Article 10 The service provider may only disclose information to the called party about the identification of the location of the calling subscriber, with the exception set forth in Article 6, Paragraph. (2), with the consent of the calling subscriber, and the service provider shall provide for the granting or refusal of such consent for the calling subscriber free of charge. Article 11 (1) An automated call system operating without human intervention may only be used for the purposes of directly soliciting business or providing information in respect of the subscriber if the subscriber has consented thereto in advance. (2) In the case of an already existing consent of the subscriber, the service provider may regard the subscriber’s consent as granted, but only in respect of its own similar products or services, and only if the service provider has obtained the subscriber’s electronic contact details in accordance with the provisions of the law. 3
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Government Decree No. 226/2003. (XII. 13.) Korm. on the ... - English

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