S.L. 586.1 Art. 6Traffic data.

(1) Without prejudice to sub-regulations (2), (3) and (4), traffic data relating to subscribers and users processed for the purpose of the transmission of a communication and stored by a undertaking which provides publicly available electronic communications services or by an undertaking which provides a public communications network shall be erased or made anonymous when it is no longer needed for the purpose of the transmission of a communication.

(2) Traffic data necessary for the purposes of subscriber billing and interconnection payments may be processed provided that such processing shall only be permissible up to the end of the period during which the bill may lawfully be challenged or payment pursued.

(3) For the purpose of marketing its own electronic communications services or for the provision of value added services to the subscriber, the undertaking which provides publicly available electronic communications services may process the data referred to in sub-regulation (1) to the extent and for the duration necessary for such services, provided the subscriber has given his consent.

(4) The undertaking which provides publicly available electronic communications services shall inform the subscriber or user of the types of traffic data that are processed and of the duration of such processing for the purposes mentioned in sub-regulation (2) and, prior to obtaining consent, for the purposes mentioned in sub-regulation (3).

(5) Processing of traffic data in accordance with sub-regulations (1) to (4) shall be restricted to persons acting under the authority of the undertakings which provides publicly available electronic communications and of the undertakings which provide a public communications network handling billing or traffic management, customer enquiries, fraud detection, marketing the electronic communications services of the provider or providing a value added service, and shall be restricted to what is necessary for the purposes of such activities.

(6) Nothing in this regulation shall preclude the furnishing of traffic data to any competent authority for the purposes of any law relating to the settling of disputes, in particular interconnection and billing disputes.