Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector
Date: 1997-12-15
Institutions: Council of the European Union, European Parliament
Subjects: cross-frontier data flow, data processing, disclosure of information, personal data, protection of privacy, telecommunications

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I

(Acts  whose  publication  is  obligatory)

DIRECTIVE  97/66/EC  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE  COUNCIL

of  15  December  1997

concerning  the  processing  of  personal  data  and  the  protection  of  privacy  in  the
telecommunications  sector

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF
THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  100a  thereof,

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article 189b of the Treaty (3), in the light of the joint text
approved by the Conciliation Committee on 6 November
1997,

(1) Whereas  Directive  95/46/EC  of  the  European
Parliament  and  of the  Council  of 24 October 1995
on  the  protection  of  individuals  with  regard  to  the
processing  of  personal  data  and  on  the  free
movement  of  such  data (4)  requires  Member  States
to  ensure  the  rights  and  freedoms  of  natural
persons  with  regard  to  the  processing  of  personal
data,  and  in  particular  their  right  to  privacy,  in
order to ensure the free flow of personal data in the
Community;

(2) Whereas  confidentiality  of  communications 

is
guaranteed  in  accordance  with  the  international
instruments  relating  to  human  rights  (in  particular
the  European  Convention  for  the  Protection  of
Human Rights and Fundamental Freedoms) and the
constitutions  of  the  Member  States;

(1) OJ  C  200,  22.7.1994,  p.  4.
(2) OJ  C  159,  17.6.1991,  p.  38.
(3) Opinion  of  the  European  Parliament  of  11  March  1992  (OJ
C  94,  13.4.1992,  p.  198).  Council  Common  Position  of
12  September  1996  (OJ  C  315,  24.10.1996,  p.  30)  and
Decision of the European Parliament of 16 January 1997 (OJ
C 33, 3.2.1997, p. 78). Decision of the European Parliament
of  20  November  1997  (OJ  C  371,  8.12.1997).  Council
Decision  of  1  December  1997.
(4) OJ  L  281,  23.11.1995,  p.  31.

introduced 

technologies  are 

(3) Whereas currently in the Community new advanced
digital 
in  public
telecommunications  networks,  which  give  rise  to
specific  requirements  concerning  the  protection
of  personal  data  and  privacy  of  the  user;  whereas
society
the 
the  development  of 
is  characterised  by 
introduction  of  new
the 
telecommunications services; whereas the successful
cross-border  development  of  these  services,  such  as
video-on-demand,  interactive  television,  is  partly
dependent  on  the  confidence  of  the  users  that  their
privacy  will  not  be  at  risk;

information 

(4) Whereas  this  is  the  case,  in  particular,  with  the
introduction  of  the  Integrated  Services  Digital
Network  (ISDN)  and  digital  mobile  networks;

(5) Whereas  the  Council,  in  its  Resolution  of  30  June
1988  on  the  development  of  the  common  market
for  telecommunications  services  and  equipment  up
to  1992 (5),  called  for  steps  to  be  taken  to  protect
personal  data,  in  order  to  create  an  appropriate
future  development  of
environment 
telecommunications in the Community; whereas the
Council  re-emphasised 
the
protection  of  personal  data  and  privacy  in  its
Resolution of 18 July 1989 on the strengthening of
introduction  of  the
the  coordination  for  the 
Integrated  Services  Digital  Network  (ISDN)  in  the
European  Community  up  to  1992 (6);

importance  of 

the 

the 

for 

(6) Whereas  the  European  Parliament  has  underlined
the  importance  of  the  protection  of  personal  data
and privacy in the telecommunications networks, in
particular  with  regard  to  the  introduction  of  the
Integrated  Services  Digital  Network  (ISDN);

(7) Whereas,  in  the  case  of  public  telecommunications
networks,  specific  legal,  regulatory,  and  technical

(5) OJ  C  257,  4.10.1988,  p.  1.
(6) OJ  C  196,  1.8.1989,  p.  4.

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legitimate 

provisions  must  be  made  in  order  to  protect
fundamental rights and freedoms of natural persons
and 
in
particular  with  regard  to  the 
increasing  risk
connected  with  automated  storage  and  processing
of  data  relating  to  subscribers  and  users;

legal  persons, 

interests  of 

interest  of 

legal  persons, 

(8) Whereas  legal,  regulatory,  and  technical  provisions
adopted  by  the  Member  States  concerning  the
protection  of  personal  data,  privacy  and  the
legitimate 
the
telecommunications  sector,  must  be  harmonised  in
order  to  avoid  obstacles  to  the  internal  market  for
telecommunications 
the
objective  set  out  in  Article  7a  of  the  Treaty;
harmonisation 
whereas 
to
is 
requirements 
to  guarantee
that  are  necessary 
that  the  promotion  and  development  of  new
telecommunications  services  and  networks  between
Member  States  will  not  be  hindered;

conformity  with 

limited 

the 

in 

in 

(9) Whereas  the  Member  States,  providers  and  users
competent
together  with 
concerned, 
bodies, 
in
Community 
introducing 
relevant
and 
technologies  where  this  is  necessary  to  apply  the
guarantees  provided  for  by  the  provisions  of  this
Directive.

should 
developing 

cooperate 
the 

the 

(10) Whereas  these  new  services  include  interactive

television  and  video  on  demand;

(11) Whereas, 

in  the  telecommunications  sector, 

in
particular  for  all  matters  concerning  protection  of
fundamental  rights  and  freedoms,  which  are  not
specifically  covered  by  the  provisions  of  this
Directive, 
the
controller  and  the  rights  of  individuals,  Directive
95/46/EC  applies;  whereas  Directive  95/46/EC
applies  to  non-publicly  available  telecommuni-
cations services;

the  obligations  on 

including 

(12) Whereas 

related 

freedoms 

to  what 

rights  and 

this  Directive,  similarly 

is
provided  for  by  Article  3  of  Directive  95/46/EC,
issues  of  protection  of
does  not  address 
fundamental 
to
activities  which  are  not  governed  by  Community
law;  whereas  it  is  for  Member  States  to  take  such
the
measures  as 
protection of public security, defence, State security
(including  the  economic  well-being  of  the  State
when  the  activities  relate  to  State  security  matters)
and  the  enforcement  of  criminal  law;  whereas  this
Directive  shall  not  affect  the  ability  of  Member
States 
interception  of
telecommunications,  for  any  of  these  purposes;

they  consider  necessary 

to  carry  out 

lawful 

for 

(13) Whereas 

subscribers  of  a  publicly  available
telecommunications  service  may  be  natural  or  legal
persons;  whereas  the  provisions  of  this  Directive

the 

are  aimed  to  protect,  by  supplementing  Directive
95/46/EC, 
fundamental  rights  of  natural
persons  and  particularly  their  right  to  privacy,  as
well  as  the  legitimate  interests  of  legal  persons;
whereas  these  provisions  may  in  no  case  entail  an
the
obligation 
application  of  Directive  95/46/EC  to  the  protection
of  the  legitimate  interests  of  legal  persons;  whereas
this  protection  is  ensured  within  the  framework  of
the  applicable  Community  and  national  legislation;

for  Member  States 

to  extend 

(14) Whereas  the  application  of  certain  requirements
relating  to  presentation  and  restriction  of  calling
and  connected  line  identification  and  to  automatic
call  forwarding  to  subscriber  lines  connected  to
analogue  exchanges  must  not  be  made  mandatory
in  specific  cases  where  such  application  would
prove to be technically impossible or would require
a  disproportionate  economic  effort;  whereas  it  is
important  for  interested  parties  to  be  informed  of
such  cases  and  the  Member  States  should  therefore
notify  them  to  the  Commission;

(15) Whereas  service  providers  must  take  appropriate
measures to safeguard the security of their services,
if necessary in conjunction with the provider of the
network,  and  inform  subscribers  of  any  special
risks  of  a  breach  of  the  security  of  the  network;
whereas  security  is  appraised  in  the  light  of  the
provision  of  Article  17  of  Directive  95/46/EC;

(16) Whereas  measures  must  be  taken  to  prevent  the
unauthorised  access  to  communications  in  order  to
protect  the  confidentiality  of  communications  by
means  of  public  telecommunications  networks  and
publicly  available 
services;
whereas national legislation in some Member States
only  prohibits  intentional  unauthorized  access  to
communications;

telecommunications 

(17) Whereas  the  data  relating  to  subscribers  processed
to establish calls contain information on the private
life  of  natural  persons  and  concern  the  right  to
respect  for  their  correspondence  or  concern  the
legitimate  interests  of  legal  persons;  whereas  such
data  may  only  be  stored  to  the  extent  that  is
necessary  for  the  provision  of  the  service  for  the
purpose  of  billing  and 
interconnection
payments,  and  for  a  limited  time;  whereas  any
further  processing  which  the  provider  of  the
publicly  available  telecommunications  services  may
want  to  perform  for  the  marketing  of  its  own
telecommunications services may only be allowed if
the  subscriber  has  agreed  to  this  on  the  basis  of
accurate and full information given by the provider
of 
telecommunications
services  about  the  types  of  further  processing  he
intends  to  perform;

the  publicly  available 

for 

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telecommunications 

(18) Whereas  the  introduction  of  itemized  bills  has
improved  the  possibilities  for  the  subscriber  to
verify  the  correctness  of  the  fees  charged  by  the
service  provider;  whereas,  at  the  same  time,  it  may
jeopardise  the  privacy  of  the  users  of  publicly
services;  whereas
available 
therefore,  in  order  to  preserve  the  privacy  of  the
user,  Member 
the
States  must 
development  of  telecommunications  service  options
such  as  alternative  payment  facilities  which  allow
anonymous  or  strictly  private  access  to  publicly
available  telecommunications  services,  for  example
calling  cards  and  facilities  for  payment  by  credit
card;  whereas,  alternatively,  Member  States  may,
for  the  same  purpose,  require  the  deletion  of  a
certain  number  of  digits  from  the  called  numbers
mentioned  in  itemized  bills;

encourage 

the 

interest 

right  and 

to  protect 

to  withhold 

the  presentation  of 

(19) Whereas  it  is  necessary,  as  regards  calling  line
identification,  to  protect  the  right  of  the  calling
party 
the
identification  of  the  line  from  which  the  call  is
being  made  and  the  right  of  the  called  party  to
reject  calls  from  unidentified  lines;  whereas  it  is
justified  to  override  the  elimination  of  calling  line
identification presentation in specific cases; whereas
in  particular  helplines  and
certain  subscribers, 
similar  organizations,  have 
in
an 
their  callers;
the  anonymity  of 
guaranteeing 
whereas  it  is  necessary,  as  regards  connected  line
identification, 
the
legitimate  interest  of  the  called  party  to  withhold
the  presentation  of  the  identification  of  the  line  to
which  the  calling  party  is  actually  connected,
in  the  case  of  forwarded  calls;
in  particular 
the  providers  of  publicly  available
whereas 
telecommunications  services  must 
inform  their
the  existence  of  calling  and
subscribers  of 
connected  line  identification  in  the  network  and  of
all services which are offered on the basis of calling
and  connected  line  identification  and  about  the
privacy  options  which  are  available;  whereas  this
will  allow  the  subscribers  to  make  an  informed
choice about the privacy facilities they may want to
use;  whereas  the  privacy  options  which  are  offered
on  a  per-line  basis  do  not  necessarily  have
to  be  available  as  an  automatic  network  service
but  may  be  obtainable  through  a  simple  request
to 
the  publicly  available
the  provider  of 
telecommunications service;

(20) Whereas 

safeguards  must  be  provided 

for
subscribers  against  the  nuisance  which  may  be
caused  by  automatic  call  forwarding  by  others;
whereas, 
it  must  be  possible
for  subscribers  to  stop  the  forwarded  calls  being
passed  on  to  their  terminals  by  simple  request
to 
the  publicly  available
the  provider  of 
telecommunications service;

in  such  cases, 

(21) Whereas  directories  are  widely  distributed  and
publicly  available;  whereas  the  right  to  privacy  of

that  subscribers  are  able 

natural  persons  and  the  legitimate  interest  of  legal
persons  require 
to
determine  the  extent  to  which  their  personal  data
are  published  in  a  directory;  whereas  Member
States  may  limit  this  possibility  to  subscribers  who
are  natural  persons;

(22) Whereas 

safeguards  must  be  provided 

for
subscribers  against  intrusion  into  their  privacy  by
means  of  unsolicited  calls  and  telefaxes;  whereas
Member  States  may 
limit  such  safeguards  to
subscribers  who  are  natural  persons;

(23) Whereas 

to  ensure 

is  necessary 

the
it 
introduction 
of
telecommunications  equipment  for  data  protection
purposes  is  harmonised  in  order  to  be  compatible
with  the  implementation  of  the  internal  market;

technical 

features 

that 

of 

(24) Whereas in particular, similarly to what is provided
for  by  Article  13  of  Directive  95/46/EC,  Member
States  can  restrict 
the  scope  of  subscribers’
obligations  and  rights  in  certain  circumstances,  for
example by ensuring that the provider of a publicly
available  telecommunications  service  may  override
the  elimination  of  the  presentation  of  calling
line 
in  conformity  with  national
legislation 
the  purpose  of  prevention  or
detection  of  criminal  offences  or  State  security;

identification 

for 

(25) Whereas  where  the  rights  of  the  users  and
subscribers  are  not  respected,  national  legislation
must provide for judicial remedy; whereas sanctions
must  be  imposed  on  any  person,  whether  governed
by  private  or  public  law,  who  fails  to  comply  with
the  national  measures  taken  under  this  Directive;

(26) Whereas  it  is  useful  in  the  field  of  application  of
this  Directive  to  draw  on  the  experience  of  the
Working  Party  on  the  protection  of  individuals
with  regard  to  the  processing  of  personal  data
composed  of  representatives  of  the  supervisory
authorities  of  the  Member  States,  set  up  by
Article  29  of  Directive  95/46/EC;

(27) Whereas, given the technological developments and
the  attendant  evolution  of  the  services  on  offer,
it  will  be  necessary  technically  to  specify  the
categories  of  data  listed  in  the  Annex  to  this
Directive  for  the  application  of  Article  6  of  this
Directive  with  the  assistance  of  the  Committee
composed  of  representatives  of  the  Member  States
set  up  in  Article  31  of  Directive  95/46/EC  in
order  to  ensure  a  coherent  application  of  the
requirements  set  out  in  this  Directive  regardless  of
changes  in  technology;  whereas  this  procedure
applies  solely  to  specifications  necessary  to  adapt

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the  Annex  to  new  technological  developments,
taking  into  consideration  changes  in  market  and
consumer  demand;  whereas  the  Commission  must
duly 
its
intention  to  apply  this  procedure  and  whereas,
otherwise, the procedure laid down in Article 100a
of  the  Treaty  shall  apply;

the  European  Parliament  of 

inform 

(28) Whereas, 

compliance  with 

facilitate 
this  Directive,  certain 

the
to 
specific
provisions  of 
arrangements  are  needed  for  processing  of  data
already  under  way  on  the  date  that  national
implementing  legislation  pursuant  to  this  Directive
enters  into  force,

(b)

(c)

(d)

HAVE  ADOPTED  THIS  DIRECTIVE:

Article  1

Object  and  scope

1.
This Directive provides for the harmonisation of the
provisions  of  the  Member  States  required  to  ensure  an
equivalent  level  of  protection  of  fundamental  rights  and
freedoms,  and  in  particular  the  right  to  privacy,  with
in  the
respect  to  the  processing  of  personal  data 
telecommunications  sector  and 
free
movement  of  such  data  and  of  telecommunications
equipment  and  services  in  the  Community.

to  ensure 

the 

The  provisions  of  this  Directive  particularise  and
2.
complement  Directive  95/46/EC 
the  purposes
mentioned  in  paragraph  1.  Moreover,  they  provide  for
protection  of  legitimate  interests  of  subscribers  who  are
legal persons.

for 

This Directive shall not apply to the activities which
3.
fall  outside  the  scope  of  Community  law,  such  as  those
provided  for  by  Titles  V  and  VI  of  the  Treaty  on
European Union, and in any case to activities concerning
public  security,  defence,  State  security  (including  the
economic well-being of the State when the activities relate
to State security matters) and the activities of the State in
areas  of  criminal  law.

Article  2

Definitions

In addition to the definitions given in Directive 95/46/EC,
for  the  purposes  of  this  Directive:

(a)

‘subscriber’  shall  mean  any  natural  or  legal  person
who  or  which  is  party  to  a  contract  with  the
provider  of  publicly  available  telecommunications
services  for  the  supply  of  such  services;

‘user’ shall mean any natural person using a publicly
available  telecommunications  service,  for  private  or
business  purposes,  without  necessarily  having
subscribed  to  this  service;

systems 

and,  where 

‘public  telecommunications  network’  shall  mean
transmission 
applicable,
switching  equipment  and  other  resources  which
permit  the  conveyance  of  signals  between  defined
termination  points  by  wire,  by  radio,  by  optical  or
by  other  electromagnetic  means,  which  are  used,  in
whole  or  in  part,  for  the  provision  of  publicly
available telecommunications services;

‘telecommunications  service’  shall  mean  services
in
whose  provision  consists  wholly  or  partly 
the 
signals  on
telecommunications  networks,  with  the  exception  of
radio-  and  television  broadcasting.

transmission  and 

routing  of 

Article  3

Services concerned

This  Directive  shall  apply  to  the  processing  of
1.
personal  data 
in  connection  with  the  provison  of
publicly  available  telecommunications  services  in  public
in
telecommunications  networks 
particular  via  the  Integrated  Services  Digital  Network
(ISDN)  and  public  digital  mobile  networks.

in  the  Community, 

Articles  8,  9  and  10  shall  apply  to  subscriber  lines
2.
connected  to  digital  exchanges  and,  where  technically
possible  and  if  it  does  not  require  a  disproportionate
economic  effort, 
to
analogue exchanges.

lines  connected 

to  subscriber 

Cases  where  it  would  be  technically  impossible  or
3.
require  a  disproportionate 
investment  to  fulfil  the
requirements  of  Articles  8,  9  and  10  shall  be  notified  to
the  Commission  by  the  Member  States.

Article  4

Security

a 

of 

The 

publicly 

provider 

available
1.
telecommunications 
take  appropriate
service  must 
technical  and  organisational  measures  to  safeguard
security  of  its  services,  if  necessary  in  conjunction  with
the  provider  of  the  public  telecommunications  network
with  respect  to  network  security.  Having  regard  to  the
state  of  the  art  and  the  cost  of  their  implementation,
these measures shall ensure a level of security appropriate
to  the  risk  presented.

2.
In  case  of  a  particular  risk  of  a  breach  of  the
security  of  the  network,  the  provider  of  a  publicly
available  telecommunications  service  must  inform  the
subscribers  concerning  such  risk  and  any  possible
remedies,  including  the  costs  involved.

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Article  5

applicable  legislation  in  view  of  settling  disputes,  in
particular  interconnection  or  billing  disputes.

Confidentiality  of  the  communications

telecommunications  network 

1. Member  States  shall  ensure  via  national  regulations
the  confidentiality  of  communications  by  means  of  a
public 
and  publicly
available  telecommunications  services.  In  particular,  they
shall prohibit listening, tapping, storage or other kinds of
interception or surveillance of communications, by others
than  users,  without  the  consent  of  the  users  concerned,
except  when  legally  authorised,  in  accordance  with
Article  14  (1).

2.
Paragraph  1  shall  not  affect  any  legally  authorised
recording  of  communications  in  the  course  of  lawful
business practice for the purpose of providing evidence of
a  commercial  transaction  or  of  any  other  business
communication.

Article  6

Traffic  and  billing  data

1.
Traffic  data  relating  to  subscribers  and  users
processed to establish calls and stored by the provider of
a  public  telecommunications  network  and/or  publicly
available  telecommunications  service  must  be  erased  or
made  anonymous  upon  termination  of  the  call  without
prejudice  to  the  provisions  of  paragraphs  2,  3  and  4.

For 

the  purpose  of 

subscriber  billing  and
2.
interconnection  payments,  data  indicated  in  the  Annex
may be processed. Such processing is permissible only up
to  the  end  of  the  period  during  which  the  bill  may
lawfully  be  challenged  or  payment  may  be  pursued.

the 

For 

purpose 

of  marketing 

3.
own
telecommunications  services,  the  provider  of  a  publicly
available  telecommunications  service  may  process  the
data  referred  to  in  paragraph  2,  if  the  subscriber  has
given  his  consent.

its 

4.
Processing  of  traffic  and  billing  data  must  be
restricted  to  persons  acting  under  the  authority  of
providers  of  the  public  telecommunications  networks
and/or  publicly  available  telecommunications  services
handling  billing  or 
traffic  management,  customer
enquiries,  fraud  detection  and  marketing  the  provider’s
it  must  be
own 
restricted  to  what  is  necessary  for  the  purposes  of  such
activities.

telecommunications  services  and 

5.
Paragraphs  1,  2,  3  and  4  shall  apply  without
prejudice  to  the  possibility  for  competent  authorities  to
be  informed  of  billing  or  traffic  data  in  conformity  with

Article  7

Itemized billing

1.
Subscribers 
non-itemized  bills.

shall  have 

the 

right 

to 

receive

2. Member  States  shall  apply  national  provisions  in
order  to  reconcile  the  rights  of  subscribers  receiving
itemised  bills  with  the  right  to  privacy  of  calling  users
and  called  subscribers,  for  example  by  ensuring  that
sufficient  alternative  modalities  for  communications  or
payments  are  available  to  such  users  and  subscribers.

Article  8

Presentation  and  restriction  of  calling  and  connected
line  identification

1. Where  presentation  of  calling-line  identification  is
offered,  the  calling  user  must  have  the  possibility  via  a
simple  means, 
the
presentation of the calling-line identification on a per-call
basis. The calling subscriber must have this possibility on
a  per-line  basis.

free  of  charge, 

to  eliminate 

2. Where  presentation  of  calling-line  identification  is
offered, the called subscriber must have the possibility via
a  simple  means,  free  of  charge  for  reasonable  use  of  this
function,  to  prevent  the  presentation  of  the  calling  line
identification  of  incoming  calls.

3. Where  presentation  of  calling  line  identification  is
offered  and  where  the  calling 
is
presented  prior  to  the  call  being  established,  the  called
subscriber must have the possibility via a simple means to
reject incoming calls where the presentation of the calling
line  identification  has  been  eliminated  by  the  calling  user
or  subscriber.

identification 

line 

4. Where  presentation  of  connected  line  identification
is  offered,  the  called  subscriber  must  have  the  possibility
via  a  simple  means,  free  of  charge,  to  eliminate  the
presentation  of  the  connected  line  identification  to  the
calling user.

5.
The  provisions  set  out  in  paragraph  1  shall  also
apply with regard to calls to third countries originating in
the Community; the provisions set out in paragraphs 2, 3
and  4  shall  also  apply  to  incoming  calls  originating  in
third  countries.

6. Member States shall ensure that where presentation
of  calling  and/or  connected  line  identification  is  offered,
the  providers  of  publicly  available  telecommunications
services  inform  the  public  thereof  and  of  the  possibilities
set  out  in  paragraphs  1,  2,  3  and  4.

L 24/6

EN

Official  Journal  of  the  European  Communities

30.1.98

Article  9

Exceptions

directory in the light of the universal service, it is limited
to  the  actual  costs  incurred  by  the  operator  for  the
adaptation  and  updating  of  the  list  of  subscribers  not  to
be  included  in  the  public  directory.

Member  States  shall  ensure  that  there  are  transparent
procedures  governing  the  way  in  which  a  provider  of  a
public  telecommunications  network  and/or  a  publicly
service  may  override
available 
the  elimination  of  the  presentation  of  calling 
line
identification:

telecommunications 

(a) on  a  temporary  basis,  upon  application  of  a
subscriber  requesting  the  tracing  of  malicious  or
nuisance  calls;  in  this  case,  in  accordance  with
national  law,  the  data  containing  the  identification
of  the  calling  subscriber  will  be  stored  and  be
the  provider  of  a  public
made  available  by 
telecommunications 
publicly
and/or 
network 
available telecommunications service;

The  rights  conferred  by  paragraph  1  shall  apply  to
3.
subscribers who are natural persons. Member States shall
also guarantee, in the framework of Community law and
applicable  national 
legitimate
legislation, 
interests  of  subscribers  other  than  natural  persons  with
regard  to  their  entry  in  public  directories  are  sufficiently
protected.

that 

the 

Article  12

Unsolicited  calls

(b) on  a  per-line  basis  for  organisations  dealing  with
emergency calls and recognized as such by a Member
State, including law enforcement agencies, ambulance
services  and  fire  brigades,  for  the  purpose  of
answering  such  calls.

The  use  of  automated  calling  systems  without
1.
human 
intervention  (automatic  calling  machine)  or
facsimile  machines  (fax)  for  the  purposes  of  direct
marketing  may  only  be  allowed  in  respect  of  subscribers
who  have  given  their  prior  consent.

Article  10

Automatic  call  forwarding

is
Member  States  shall  ensure  that  any  subscriber 
provided, free of charge and via a simple means, with the
possibility  to  stop  automatic  call  forwarding  by  a  third
party  to  the  subscriber’s  terminal.

Article  11

Directories  of  subscribers

the 

1.
Personal  data  contained  in  printed  or  electronic
directories  of  subscribers  available  to  the  public  or
obtainable  through  directory  enquiry  services  should  be
limited  to  what  is  necessary  to  identify  a  particular
subscriber,  unless 
subscriber  has  given  his
unambiguous  consent  to  the  publication  of  additional
personal  data.  The  subscriber  shall  be  entitled,  free  of
charge,  to  be  omitted  from  a  printed  or  electronic
directory at his or her request, to indicate that his or her
personal  data  may  not  be  used  for  the  purpose  of  direct
marketing, to have his or her address omitted in part and
not  to  have  a  reference  revealing  his  or  her  sex,  where
this  is  applicable  linguistically.

2. Notwithstanding  paragraph  1,  Member  States  may
allow  operators  to  require  a  payment  from  subscribers
wishing to ensure that their particulars are not entered in
a  directory,  provided  that  the  sum  involved  does  not  act
as  a  disincentive  to  the  exercise  of  this  right,  and  that,
taking  account  of  the  quality  requirements  of  the  public

2. Member  States  shall  take  appropriate  measures  to
ensure  that,  free  of  charge,  unsolicited  calls  for  purposes
of  direct  marketing,  by  means  other  than  those  referred
to  in  paragraph  1,  are  not  allowed  either  without  the
consent  of  the  subscribers  concerned  or  in  respect  of
subscribers  who  do  not  wish  to  receive  these  calls,  the
choice  between  these  options  to  be  determined  by
national legislation.

3.
The  rights  conferred  by  paragraphs  1  and  2  shall
apply  to  subscribers  who  are  natural  persons.  Member
States  shall  also  guarantee, 
framework  of
Community  law  and  applicable  national  legislation,  that
the  legitimate  interests  of  subscribers  other  than  natural
persons  with  regard  to  unsolicited  calls  are  sufficiently
protected.

the 

in 

Article  13

Technical  features  and  standardisation

In  implementing  the  provisions  of  this  Directive,
1.
Member  States  shall  ensure,  subject  to  paragraphs  2
and  3,  that  no  mandatory  requirements  for  specific
technical  features  are  imposed  on  terminal  or  other
telecommunications  equipment  which  could  impede  the
placing  of  equipment  on  the  market  and  the  free
circulation  of  such  equipment  in  and  between  Member
States.

2. Where  provisions  of 
this  Directive  can  be
implemented only by requiring specific technical features,
Member States shall inform the Commission according to

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/7

the  procedures  provided  for  by  Directive  83/189/EEC (1)
which  lays  down  a  procedure  for  the  provision  of
information  in  the  field  of  technical  standards  and
regulations.

Article  15

Implementation  of  the  Directive

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  for
them  to  comply  with  this  Directive  not  later  than
24  October  1998.

By  way  of  derogation  from  the  first  subparagraph,
Member States shall bring into force the laws, regulations
and  administrative  provisions  necessary  for  them  to
comply  with  Article  5  of  this  Directive  not  later  than
24  October  2000.

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  a  reference  at  the  time  of  their
official  publication.  The  procedure  for  such  reference
shall  be  adopted  by  Member  States.

2.
By  way  of  derogation  from  Article  6(3),  consent  is
not  required  with  respect  to  processing  already  under
way on the date the national provisions adopted pursuant
to  this  Directive  enter  into  force.  In  those  cases  the
subscribers  shall  be  informed  of  this  processing  and  if
they  do  not  express  their  dissent  within  a  period  to  be
determined by the Member State, they shall be deemed to
have  given  their  consent.

3.
Article  11  shall  not  apply  to  editions  of  directories
which have been published before the national provisions
adopted  pursuant  to  this  Directive  enter  into  force.

States 

4. Member 
the
shall 
Commission  the  text  of  the  provisions  of  national  law
which 
this
the 
Directive.

field  governed  by 

communicate 

they  adopt 

to 

in 

Article  16

Addressees

This  Directive  is  addressed  to  the  Member  States.

Done  at  Brussels,  15  December  1997.

For  the  European  Parliament

For  the  Council

The  President

J.  M.  GIL-ROBLES

The  President

J.-C.  JUNCKER

specific 

technical 

3. Where  required,  the  Commission  will  ensure  the
drawing  up  of  common  European  standards  for  the
in
implementation  of 
accordance  with  Community 
the
approximation  of  the 
laws  of  the  Member  States
terminal  equipment,
concerning 
including the mutual recognition of their conformity, and
Council  Decision  87/95/EEC  of  22  December  1986  on
standardisation  in  the  field  of  information  technology
and  telecommunications (2).

telecommunications 

legislation  on 

features, 

Article  14

Extension  of  the  scope  of  application  of  certain
provisions  of  Directive  95/46/EC

1. Member  States  may  adopt  legislative  measures  to
restrict  the  scope  of  the  obligations  and  rights  provided
for  in  Articles  5,  6  and  Article  8(1),  (2),  (3)  and  (4),
when  such  restriction  constitutes  a  necessary  measure  to
safeguard  national  security,  defence,  public  security,  the
prevention,  investigation,  detection  and  prosecution  of
criminal  offences  or  of  unauthorised  use  of 
the
telecommunications system, as referred to in Article 13(1)
of  Directive  95/46/EC.

The  provisions  of  Chapter  III  on  judicial  remedies,
2.
liability  and  sanctions  of  Directive  95/46/EC  shall  apply
with  regard  to  national  provisions  adopted  pursuant  to
this  Directive  and  with  regard  to  the  individual  rights
derived  from  this  Directive.

to 

The Working Party on the Protection of Individuals
3.
with  regard 
the  Processing  of  Personal  Data
established according to Article 29 of Directive 95/46/EC
shall  carry  out  the  tasks  laid  down  in  Article  30  of  the
abovementioned  Directive  also  with  regard  to  the
protection  of  fundamental  rights  and  freedoms  and  of
legitimate  interests  in  the  telecommunications  sector,
which  is  the  subject  of  this  Directive.

The  Commission,  assisted  by 

4.
the  Committee
established  by  Article  31  of  Directive  95/46/EC,  shall
technically  specify  the  Annex  according  to  the  procedure
mentioned  in  this  Article.  The  aforesaid  Committee  shall
be  convened  specifically  for  the  subjects  covered  by  this
Directive.

(1) OJ  L  109,  26.4.1983,  p.  8.  Directive  as  last  amended  by

Directive  94/10/EC  (OJ  L  100,  19.4.1994,  p.  30).

(2) OJ  L  36,  7.2.1987,  p.  31.  Decision  as  last  amended  by  the

1994  Act  of  Accession.

L 24/8

EN

Official  Journal  of  the  European  Communities

30.1.98

ANNEX

List  of  data

For  the  purpose  referred  to  in  Article  6(2)  the  following  data  may  be  processed:

Data  containing  the:

— number  or  identification  of  the  subscriber  station,

— address  of  the  subscriber  and  the  type  of  station,

— total  number  of  units  to  be  charged  for  the  accounting  period,

— called  subscriber  number,

— type,  starting  time  and  duration  of  the  calls  made  and/or  the  data  volume  transmitted,

— date  of  the  call/service,

— other 

information  concerning  payments  such  as  advance  payment,  payments  by 

instalments,

disconnection  and  reminders.