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Stellen Sie Ihre Frage an Anja Merkel.
Anja Merkel
Anja Merkel, Rechtsanwältin
Kategorie: Recht & Justiz
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Erfahrung:  Staatsexamen, Internationaler Titel LL.M.Eur, Zulassung als Rechtsanwältin
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Is it illegal in Germany for a business to collect the telephone

Diese Antwort wurde bewertet:

Is it illegal in Germany for a business to collect the telephone system CDR (call details records) records for repormarketing purposes because it violates the privacy laws for both the calling and called party.l
Dear questioner,

the secret recording is punishable (§ 201 Abs. 1 Nr. 1 StGB).
the open conversation recording can be allowed, if the called party get the advice that the conversation will be taped/recorded. (§ Abs. 3 BDSG). The called party have to give the permission for recording. If the called party expressly contradicts at the beginning of the conversation, the record of the call details is illegal.

I hope, I could help you. Please, accept my answer.

Best regards,

Anja Merkel, LL.M.
read also § 4 a BDSG
Anja Merkel und weitere Experten für Recht & Justiz sind bereit, Ihnen zu helfen.
Kunde: hat geantwortet vor 7 Jahren.
Hi, my question is not about voice recording (as in the conversation between the callers) but on the CDR data (i.e., time of call, duration of call, number dialled, number of caller, etc.). This information is output from the telephone system in a 'raw data' format and can be collected in a database and reports generated for information/management purposes. In most jurisdictions, this is not a problem and in the US it is a requirement for 911 emergency calls. A client of US mine tells me his lawyers believe the information I speak of above can violate privacy laws in certain European countries. The only place I've heard that this may be the case is in Germany. Is this the case? Thanks.
okay, intressting question. you speak about the new judge, who canceld the right to store legaly this CDR data about 6 Month. The judge says, daten store as a precaution about 6 month is not allowed and is not compatible with Art. 10 GG. There must be a higher security for the store and a strongerlimitation for using the data that was stored.
At the moment it is hard to say, what is allowed and what is illegal and how this data can be used, because there is no new law in this field, just this jugde and the old law, wich cannot be applied.
Hope i could satisfy your needs.
best regards
Anja Merkel und weitere Experten für Recht & Justiz sind bereit, Ihnen zu helfen.
Kunde: hat geantwortet vor 7 Jahren.
<p>Anja,</p><p>Thank you. A final qualification, the judge's ruling has changed the law, ie have all businesses in Germany complied with his judgment and no longer collect and report on CDR data with their companies? Best regards, Terry.</p>
The judgment obliged German telecommunication suppliers for the immediate deletion of the data accumulated till then. Nevertheless, one out that the data retention is basically allowed under more sharp safety measures and transparency precautions as well as restricted call possibilities for the security services.

An storage of personal data on stock offends according to valid right against the so-called "Erforderlichkeitsgrundsatz". This says that personal data may be stored basically only if this is necessary for a certain, legally admitted purpose. The data whose storage not, not yet or is not necessary any more must be extinguished.

For account purposes not necessarily are, for example, location data.

That is the information at this time. All data you dont really need, maybe for account purposes are not allwod to store.

Best regards,

Verändert von Anja Merkel am 22.04.2010 um 15:03 Uhr EST
Kunde: hat geantwortet vor 7 Jahren.


This seems to be for telecommunications providers and not for businesses recording the call activity on their own telephone systems, i.e., monitoring employee call activity while at work - who did they call, did they answer a customer call quickly enough, etc. Does the ruling apply here? Thanks again.


P.S. Sorry about the negative rating. I've tried to correct it. It was directed at the website and not your response.

the main field is for the telecommunications providers. This rule does not direct apply your field.

With the storage of the data of the telephone calls made by the employee (time, duration and aim connection) is to be distinguished as follows:

Raising and storage of the data for the duration and the time of the controlled phone connections is unconditionally allowed. The federal industrial tribunal has decided that the memories of the aim number are allowed with telephone calls made by the employee's representation (BAG 8/1/1990 - 7 ABR 99/88). Same is valid of course for the works committee or the personnel advice.

Currently there is not enough a judge decision on the admissibility of the storage of the aim number of employees. However, it is to be assumed from the fact that this is judged as allowed.

Listen in from telephone calls:

Herewith the cases in which the employer or the employee allows to listen to a third person during the conversation in a verbal conversation carried on between the parties by suitable technical aid or the loudspeaker on the phone secretly are grasped first.

After the administration of justice of the federal industrial tribunal (BAG 10/29/1997 - 5 AZR 508/96) is vital whether the interlocutor might trust in the confidentiality of the spoken word. This is with telephone calls basically the case.

But also secret listening of the contents of telephone calls that the employee with a third person leads is after the administration of justice of the Federal Constitutional Court (Federal Constitutional Court 10/9/2002 - 1 BvR 1611/96) inadmissibly.

Verändert von Anja Merkel am 22.04.2010 um 15:20 Uhr EST
Anja Merkel und weitere Experten für Recht & Justiz sind bereit, Ihnen zu helfen.
Kunde: hat geantwortet vor 7 Jahren.


Thank you for all your help. It has been most useful.


Best Regards,


You're welcome!

Best regards,