27/07/2023, 22:38 CURIA - Documents The TKG 13 Paragraph 113a(1), first sentence, of the Telekommunikationsgesetz (Law on Telecommunications) of 22 June 2004 (BGB1. 2004 I, p. 1190), in the version applicable to the dispute in the main proceedings (‘the TKG’), is worded as follows: ‘The obligations in respect of the retention, use and security of the traffic data defined in Paragraphs 113b to 113g apply to operators which provide publicly available telecommunications services to end users.’ 14 Under Paragraph 113b of the TKG: ‘(1) Operators to which Paragraph 113a(1) applies shall retain data in national territory as follows: 1. for 10 weeks in the case of the data referred to in subparagraphs 2 and 3; 2. for four weeks in the case of the location data referred to in subparagraph 4. (2) Providers of publicly available telecommunications services shall retain: 1. the telephone number or other identifier of the calling and called parties as well as, in the case of call switching or forwarding, of every other line involved, 2. the date and time of the start and end of the communication, stating the time zone, 3. where different services can be used in the context of the telephone service, information on the service used; 4. and also, in the case of mobile telephony services, (a) the International Mobile Subscriber Identity of the calling and called parties, (b) the international identifier of the calling and called terminals, (c) 5. in the case of pre-paid services, the date and time of the initial activation of the service, stating the time zone; and, in the case of internet telephony services, the IP (internet protocol) addresses of the calling and called parties and the allocated identification numbers. Subparagraph 1 above shall apply mutatis mutandis. 1. to SMS, multimedia messaging or similar services; in such cases, the information referred to in item 2 of subparagraph 1 shall be replaced by the time of despatch and receipt of the message; 2. to unanswered calls or calls that are unsuccessful due to intervention on the part of the network manager … (3) Providers of publicly available internet access services shall retain: 1. the IP address allocated to the subscriber for the purposes of using the internet; 2. the clear identifier of the connection that provides access to the internet and the allocated network identification number; 3. the date and time of the start and end of internet use from the allocated IP address, stating the time zone. (4) Where mobile telephony services are used, the designation of the cell sites used at the start of the communication by the caller and the recipient must be retained. In the case of mobile usage of publicly https://curia.europa.eu/juris/document/document_print.jsf;jsessionid=A4432EEFFE3535A201E714AE6441EE66?mode=DOC&pageIndex=1&docid=265881… 6/28