Lawful interception is a special form of telephone monitoring. Monitored are telephone conversations that go from Germany abroad or come into Germany from abroad. Telecommunications monitoring is an intervention into the constitutionally protected basic rights of Article 10 of the Basic Law of the Federal Republic of Germany and therefore there are high hurdles for such a measure
LI is (from a data-technical point of view) a very sensitive topic, one that can only be implemented in combination with measures from the German code of criminal procedure (StPO). Generally, such monitoring measures last up to three months. However, depending on the situation, this period can be extended. Measures according to § 100a StPO may only be ordered by a court on behalf of the public prosecutor’s office [1].
The regulations for lawful interception are specified in the telecommunications monitoring act – TKÜV [2]. In addition to the principles, it describes and specifies technical and organizational requirements.
Telecommunications are handled via networks whose technical structure and physical basis (wires, fiber optics, radio) are very heterogeneous. So that telecommunications is possible not just within the respective operator’s network, various operators’ TC networks are interconnected. In the same manner, domestic and foreign TC networks are interconnected. The interconnection of domestic and foreign TC networks is done by connecting domestic nodes with foreign nodes.
Domestic telecommunications monitoring that is supposed to include connections from unknown connections domestically to a particular connection abroad is called lawful interception.
[1] Existence of an official act according to § 100a Para.1 No.1, Para.2 StPO.
[2] Regulation concerning the technical and organizational implementation of measures for telecommunications (TKÜV)
The obligation to perform lawful interception applies to network operators of public-access telecommunications systems. The parties obligated are defined in the TKÜV [3]. Affected are systems with more than 10,000 connections in the telecommunications sector and 100,000 for Internet services via telephone lines.
[3] For more precise information, see TKÜV – §3 Scope of parties obligated
The basic technical requirements for proper lawful interception arise for the parties obligated from §6 of the TKÜV
In addition to the basic technical requirements, there are other specifications for data monitoring and data exchange in the TKÜV.
To implement LI requirements, we have a specialized “public authority team,” which among other things is responsible for the implementation of measures and at the same time supports invoicing according to JVEG [4]. This includes checking the rulings and actually taking the measures.
Another team supports and operates the system, for example, the technical monitoring and maintenance. In the process, valantic guarantees 24/7 availability of the system.
Technically, the TC system is broken down into a
[4] JVEG stands for German Law on Payment and Compensation by Judiciary Authorities
valantic provides a full range of services for the legally compliant implementation of lawful monitoring as system solution, in connection with the business process.
Your contact person at valantic is Stefan Michaelis. He will advise and assist you with all questions relating to our services.
We develop communication and information technology for the areas of public authority information, TKÜ, BDSG as well as traffic and data retention and the related processes. Our solutions are always perfectly tailored to your requirements. Since 25 years.
