(3) of the Telecommunications Business Act (wholly revised by Act No. 10166 on March 22, 2010) concerning “a request for provision of communications data from a prosecutor, the head of an investigative agency (including the head of a military investigative agency), or the head of an intelligence and investigative agency to collect information for investigation, execution of a sentence, or prevention of harm to the guarantee of national security” (hereinafter referred to as the “Act Provision”) infringe on the fundamental rights of Complainants. The provision at issue and related provisions are as follows: Provision at Issue Telecommunications Business Act (wholly revised by Act No. 10166 on March 22, 2010) Article 83 (Protection of Confidentiality of Communications) (3) A telecommunications business operator may comply with a request for the perusal or provision of any of the following data (hereinafter referred to as “provision of communications data”) from a court, a prosecutor, the head of an investigative agency (including the head of a military investigative agency, the Commissioner of the National Tax Service, and the Commissioner of a Regional Tax Office; hereinafter the same shall apply) or the head of an intelligence and investigation agency, to collect information for trial, investigation (including the investigation of a violation committed by means of a telephone, the Internet, etc. among the offenses prescribed in Article 10 (1), (3) and (4) of the Punishment of Tax Offenses Act), execution of a sentence, or prevention of harm to the guarantee of national security: 1. 2. 3. 4. Names of users; Resident registration numbers of users; Addresses of users; Phone numbers of users; - 28 -