27/07/2023, 22:38 CURIA - Documents available internet access services, the designation of the cell sites used at the start of the internet connection must be retained. Any data that enable identification of the geographical location and the directions of maximum radiation of the antennas serving the cell site in question should also be retained. (5) The content of the communication, data on internet sites visited and data from email services may not be retained pursuant to this provision. (6) Data underlying the communications referred to in Paragraph 99(2) may not be retained pursuant to this provision. This applies, mutatis mutandis, to telephone communications originating from the entities referred to in Paragraph 99(2). The second to seventh sentences of Paragraph 99(2) apply mutatis mutandis. …’ 15 The communications mentioned in Paragraph 99(2) of the TKG, to which Paragraph 113b(6) of the TKG refers, are communications with persons, authorities and organisations of a social or religious nature which offer solely or essentially telephone assistance in psychological or social emergencies to callers who in principle remain anonymous and which are, along with their staff, subject to specific confidentiality obligations in that respect. The exemption laid down in the second and fourth sentences of Paragraph 99(2) of the TKG is conditional on the inclusion, upon request, of those call lines on a register drawn up by the Federal Agency for Electricity, Gas, Telecommunications, Post and Rail Networks, after the operators of those call lines have established the nature of the services provided by producing a certificate issued by an authority, entity, body or foundation governed by public law. 16 Under Paragraph 113c(1) and (2) of the TKG: ‘(1) Data retained pursuant to Paragraph 113b may be: 1. disclosed to a law enforcement authority, where the authority so requests under a statutory provision which authorises it to collect the data referred to in Paragraph 113b for the purposes of prosecuting particularly serious criminal offences; 2. disclosed to a security authority of the Länder, where the authority so requests under a statutory provision which authorises it to collect the data referred to in Paragraph 113b for the purposes of preventing a specific risk to a person’s physical integrity, life or freedom or to the continued existence of the Federal State or a Land; … (2) Data retained pursuant to Paragraph 113b may not be used by persons who are subject to the obligations established in Paragraph 113a(1) for purposes other than those provided for in subparagraph 1.’ 17 Article 113d of the TKG states: ‘A party that is subject to an obligation pursuant to Paragraph 113a(1) must ensure that the data retained pursuant to the retention obligation in Paragraph 113b(1) are protected by state-of-the-art technical and organisational measures against unauthorised access and use. These measures shall include, in particular: 1. use of a particularly secure encryption method; 2. storage in separate storage facilities that are separate from those designated for normal operational tasks; 3. storage that provides a high level of protection against cyber-attacks, in isolated data processing computer systems; https://curia.europa.eu/juris/document/document_print.jsf;jsessionid=A4432EEFFE3535A201E714AE6441EE66?mode=DOC&pageIndex=1&docid=265881… 7/28