The law will come into force on 17.10.2015.
According to this law, “traffic data relating to subscribers and users, processed and stored by the provider of a public electronic communication network service for the public, must be erased or transformed into anonymous data, then when are no longer required for the transmission of a communication, but not later than 3 years from the date of the communication, unless expressly provided in par. (2), (3) and (5) “.
Traffic data processing in order to establish contractual obligations regarding the subscribers of communications services with prepayment is allowed until the expiry of a period of 3 years from the date of the communication.
At the request of courts or at the request of the prosecution or state bodies with responsibilities in national security and defense, with the prior authorization of the judge established by law, providers of publicly available electronic communications and providers of public electronic communications networks, must make available to them immediately, but not later than 48 hours, the traffic data, equipment identification data and location data, in accordance with the provisions on the protection of personal data. Requests shall be processed under conditions of confidentiality.
The requests or responses if they are submitted in electronic form shall be signed with electronic signature based on a qualified certificate issued by an accredited certification service provider. Each person who certifies electronic signature data responds, by law, for the integrity and security of such data.
Traffic data, equipment identification and location data required under par. (1) are not subject to deletion or transformation into anonymous data by suppliers, when the request under par. (1) is accompanied or followed by a notification on the need to maintain them in order to identify and preserve evidence or solid grounds in the investigations to combat offenses or in defense and national security domain, as long as it subsists the reasons for the request, but not more than 5 years from the date of request or, where appropriate, pending a final ruling of the court.
Courts, prosecution authorities or state bodies with responsibilities in national security and defense suppliers notify the termination of the reasons for the request were the times, or, if appropriate, the pronouncing a final judgment.