Inclusion of subscribers personal data in the telephone directories and information service

By determination of 21 March 2003, the draft decision related with the inclusion of subscribers personal data in telephone directories and information service was approved, in the scope of the Telecommunications Universal Service, which consolidates in the following:

By considering that:

a) The Telecommunications Universal Service provider has the obligation to draw up, publish and provide to users, telephone directories containing fixed telephone service subscribers and mobile telephone service subscribers that have authorized disclosure of their personal data under the printed or electronic form. For fulfilment of this obligation it is imposed the observance of the norms respecting to the personal data and private life protection (paragraph a) and d) of no. 1, article 6 of Decree-Law no. 458/99, of November 5);

b) the Regulation of the Fixed Telephone Service Exploration, approved under the Decree-Law no. 474/99, of November 8, and the Regulation of the Public Use Telecommunications Service Exploration, approved under the Decree-Law no. 290-B/99, of July 30, applicable to the mobile telephone service, foresees, respectively, in paragraph b) of no. 3, article 17 and in paragraph g) of no. 2, article 9, the contracts must contain the subscribers expressed  willing indication on the inclusion, or not, of the respective personal data in the subscribers directories and disclosure through the information services. Both Exploration Regulations reiterate the necessity of the fulfilment of the specific legislation referring to the personal data protection;

c) paragraph a) of no. 2, article 11 of Law no. 69/98, of October 28, confers to the subscriber the right of, on his demand and free of charge, not to appear in a specific printed or electronic directory. By defect, the subscribers data can be obtained via telephone directory and information service, unless expressed manifestation in guaranteeing its confidentiality;

d) the fixed telephone services and the mobile  telephone service providers are obliged to supply to the USP (Universal Service Provider), in fulfilment of legal obligation, and for the purpose of composition of subscribers directories and information services, pertinent information about these same subscribers, as long as the data subjects do not opposite to its communication, which must be guaranteed by the operators next to the data subjects;

g) the data subjects must be informed of the data that can be divulged in telephone directories or through the information service, in terms of article 10,  of Law no. 67/98, October 26;

The Board of Directors of ICP-ANACOM, having in view the effective fulfilment of the obligations emergent from Decree-Law no. 458/99, November 5, which promotes the transposition of Directive nr. 98/10/CE, of the European Parliament and the Council of 26 February 1998, warning, also, the subscribers protection and information, determines, in accordance with paragraph g) of article 9, article 17 and paragraph 1) of article 26 of Statutes of the ICP-ANACOM, annexes to the Decree-Law no. 309/2001, of December 7, that:

1. All contracts of fixed telephone service and mobile telephone service providers should contain:

- some space for express indication of the subscribers willing on the  inclusion, or not, of the respective personal data in the users directories and its disclosure through information services, in fulfilment of the disposed in the applicable Exploration Regulations;

- the information to the subscribers that, in case they do not complete the space kept to that one willing manifestation, the data becomes available data to be granted to the universal service provider for inclusion in  subscribers directories and disclosure in the information service to make available, both, in the scope of the Telecommunications Universal Service, in fulfilment of the disposed in article 10 of Law no. 67/98, of October 26, which guarantees to the data subject the right to have that information.

2. The Fixed Telephone Service and the Land Mobile Service must, in the stated period of 15 days, counted from the date of the deliberation adoption:

- modify all the contracts in the terms indicated in the previous number without needing, concerning this alteration, to be assured the fulfilment of the obligation of previous approval of adhesion contracts;

- inform the customers on the provided services under the cover of the  previously celebrated contracts which, in the lack of express willing manifestation in the opposite, its data becomes available to be granted to the universal service provider, for inclusion in subscribers directories and disclosure in the information service to be available, both, in the scope of universal service.

The interested parties were notified that, in the terms and for the effect of the disposed in articles 100 and 101 of the Rules of Administrative Procedure, if they want they can pronounce, within 10 days, on this probable sense of the decision.