1 Surveillance activities ordered before this Ordinance comes into force shall continue unchanged. These activities shall be extended or terminated in accordance with the previous law applicable to those types of surveillance.
2 Circuit trials ongoing in accordance with the previous practice when this Ordinance comes into force shall be terminated.
3 TSPs that submit an application to the PTSS for categorisation as a TSP with reduced surveillance duties in accordance with Article 51 within three months of this Ordinance coming into force shall be deemed to be such from the date on which this Ordinance comes into force and for the duration of the procedure. The PTSS may revoke this categorisation for the duration of the procedure if approval of the application is unlikely. Article 51 paragraph 5 does not apply to TSPs previously required to report.
4 Within 3 months of this Ordinance coming into force, TSPs and providers of derived communication services with more extensive duties to provide information in accordance with Article 22 shall modify their systems in order to implement the new requirements on the identification the subscribers (Art. 19) and recording persons' details in the case of mobile services (Art. 20).
5 Within 6 months of this Ordinance coming into force, TSPs, with the exception of those with reduced surveillance duties in accordance with Article 51, and providers of derived communication services with more extensive surveillance duties in accordance with Article 52 shall modify their systems in order to be able to supply the information specified in Articles 38 and 39.
6 Within 24 months of this Ordinance coming into force:
- a.
- it must be possible to supply the secondary telecommunications data on communication attempts in the case of retroactive surveillance activities;
- b.
- TSPs must make technical modifications to the systems they have available in order to be able to supply the data on email services specified in Articles 58, 59 and 62. Before then, they must supply the data on email services in the same way as before.
7 Until the new processing system procured under the telecommunications surveillance17 programme comes into operation:
- a.
- the PTSS may continue to compile statistics (Art. 12) in accordance with the previous law;
- b.
- information provision (Art. 35-48) and surveillance activities (Art. 54-68) shall continue to be carried out with the existing system, the previous formats and the corresponding forms. They shall be transmitted using a secure means of transmission authorised by the PTSS, by post or fax; Article 17 paragraphs 1-2 does not apply;
- c.
- information provision based on a flexible name search in accordance with Article 27 in conjunction with Articles 35, 40, 42 and 43 is not possible; from the date on which the new system comes into operation, it will only be carried out by TSPs and providers of derived communication services with more extensive duties to provide information in accordance with Article 22 that have modified their systems accordingly.
8 Within 12 months of the new processing system coming into operation, TSPs and providers of derived communication services with more extensive duties to provide information in accordance with Article 22 shall modify their systems in order to supply the information specified in Articles 35-37 and 40-42 and in Article 27 in conjunction with Articles 35, 40 and 42 automatically via the query interface of the processing system (Art. 18 para. 2) and in order to be able to carry out the flexible name search in accordance with Article 27 in conjunction with Articles 35, 40, 42 and 43.