automated procedure is not yet based on this interface description.
c) A manual procedure for information from the data stored under § 111 TKG is contained in § 113 TKG. In contrast to the automated information procedure, this provides for a duty of the telecommunications enterprises themselves to supply information. In the same way as in the automated information procedure, secrecy must be
preserved on the supply of the information towards the persons to whom the data relate (see § 113.1 sentence 4 TKG).
7
In this connection, not only the suppliers who offer telecommunications services for
the public have a duty of information, but all those who commercially provide telecommunications services or are involved in this (see § 113.1 in conjunction with § 3 no.
10 TKG). This also includes suppliers who provide data in authorities or enterprises,
for example in hospitals and hotels, what are known as corporate networks or WLAN
networks. The literature – on the basis of the figures stated in the legislature’s statement of intention on § 112 TKG 2004 (Bundestag printed paper – Bundestagdrucksache – BTDrucks 15/2316, p. 95) – proceeds on the assumption that § 113 TKG
may affect up to 400,000 suppliers, whereas § 112 may at maximum affect several
hundred persons subject to a duty (see Bock, in: Geppert/Piepenbrock/Schütz/
Schuster, Beck’scher Kommentar zum TKG, 3rd ed. 2006, § 112, marginal no. 5).
8
The number of authorities entitled to receive information is also larger than in § 112
TKG. § 113.1 sentence 1 TKG contains no exhaustive listing of the authorities entitled to receive information with regard to general information, but defines the entitlement to information in abstract and task-related terms, and thus without restrictions
for all authorities. Information is to be generally permissible insofar as this is necessary in the individual case to prosecute criminal offences and regulatory offences, to
ward off dangers and to perform intelligence tasks.
9
The scope of the data covered by the duty of information also extends beyond § 112
TKG. In addition to the data covered by § 111 TKG, the duty of information here also
extends to the data which the suppliers may collect and store for the purpose of substantively structuring, amending or terminating their contractual relationships under
§ 95.1 in conjunction with § 3 no. 3 TKG. Initially, in practice, these data are normally
largely the same data as those covered by § 111 TKG , but they extend beyond these
in that they may contain bank account details or personal information associated with
special rates of payment.
10
In addition to the general duty of information of § 113.1 sentence 1 TKG, § 113.1
sentence 2 TKG contains a special duty of information with regard to data which
serve to give protection against unauthorised access to end user devices or storage
devices, such as in particular personal identification numbers (PINs) and numbers referred to as personal unblocking keys (PUKs). In this connection, those entitled to receive information include the criminal prosecution and security authorities and the intelligence services, in compliance with particular legal bases set out in § 113.1
sentence 2 TKG which contain general authorisations to collect data. The use of this
11
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