Article 11.2

• 1

  Without prejudice to the Penal Code and other provisions under or pursuant to this Act, the provider of a public electronic communications network and the provider of a public electronic communications service shall ensure the confidentiality of communications and related data over their networks and services, respectively.

• 2

  The provider of a public electronic communications network and the provider of a public electronic communications service shall refrain from intercepting, eavesdropping or otherwise intercepting or monitoring communications over a public electronic communications network or public electronic communications service and related data unless and to the extent that:

  • a.

    the subscriber concerned has given his express consent to these actions;

  • b.

    these actions are necessary to ensure the integrity and security of the affected provider's networks and services;

  • c.

    these actions are necessary for the transmission of information over the networks and services of the relevant provider, or

  • d.

    these actions are necessary to carry out a legal requirement or court order.

• 3

  Prior to obtaining the consent referred to in subsection (2)(a), the provider shall provide the subscriber with the following information:

  • a.

    the type of data being intercepted, tapped, intercepted or monitored;

  • b.

    the purposes for which the data is intercepted, tapped, intercepted or monitored, and

  • c.

    the duration of the interception, eavesdropping, interception or monitoring of the data.

• 4

  A subscriber may withdraw the consent granted, referred to in subsection (2)(a), at any time.