Regulations on Telecommunications Business Handling the Related Authorities Inquiring Telecommunications User Information（Jul. 20, 2007）
(Unofficial Translation)
12 Articles were hereby promulgated on October 22, 1999 by order of DGT Dain Xin Gong No. 506797-0.
The amendment of Article 1, 2, 4, 5, 6, 7, 9 were promulgated on December 20, 2002 by order of DGT Dain Xin Gong No. 0910510088-0.
The amendment of Article 2 was promulgated on July 20, 2007 in Tong-chuan-fa Zih, No. 09605104361 document issued by National Communications Commission
Article 1
These Regulations are promulgated pursuant to Paragraph 2, Article 7 of the Telecommunications Act (hereinafter referred to as this “Act”).
Article 2
This Act is called as Telecommunications Business, which means Telecommunications service to conduct for the public use and Telecommunications business licensed by the National Communications Commission.
Article 3
Telecommunications Business shall inquire user information pursuant to the Laws in the following circumstances：
- Crime or evidence investigation required by the judiciary, supervisory authorities or law and order authorities;
- The authority required by other government authorities;
- Emergency relief required by the authorities related to the public’s life and safety;
Inquirers who inquire pursuant to Article 1 and Article 2 in the proceeding paragraph shall narrate the basis of the Laws.
Article 4
User information called by this Act means Telecommunications user name, ID card number, address and Telecommunications number applied by subscribers to limit information filled in each Telecommunications Business.
Telecommunications number called by the previous Article means telephone number or subscriber identity code.
Article 5
The related authorities that inquire user information shall prepare official documents or the inquiry sheet of Telecommunications user information (format as Attachment) to illustrate with the inquired Telecommunications number or name and ID card No., Telecommunications Service type, the basis of the Laws, case explanation, the number of inquiry case, information purpose , inquiry authorities, authority director, contact persons, telephone or fax number, stamp seal of the authority and director’s signature as well as position seal, and handle with Telecommunications user on Telecommunications Business designated by acceptance unit.
As for the inquiry of special and emergency cases, a judge, a court prosecutor or the director of the inquiry authority or authorized director’s signature with a position seal and contact person information as well as authority documents shall fax and recall ensuring. After inquiring user information, there shall prepare official documents or an inquiry progenitor of Telecommunications user information with a seal within three work days.
The inquiries in the proceeding two paragraphs shall be encryption e-mail with the approval of the inquiry authority and Telecommunications Business. That e-mail shall be considered as official documents or a inquiry progenitor of Telecommunications user information.
Article 6
In order to handle with the inquiry in the proceeding paragraph, each Telecommunications Business shall designate an acceptance unit and install a private telephone and fax machine or e-mail for accepting and answering user information. After inquiring user information, Telecommunications Business shall send to the related authorities by fax machine or e-mail.
Each inquiry authority shall officially correspond with the number of fax machine or e-mail account in advance. The inquiries authorities shall not sent response information to another place in any reason or require changing the number of fax machine or e-mail account temporarily.
Article 7
If certain Telecommunications user in the inquiry doesn’t accept the inquiry of Telecommunications Business or Telecommunications Business information is overdue and can’t be provided, Telecommunications Business shall mark out “No Data” on the inquiry sheet.
Article 8
Telecommunications Business handling with the inquiry of user information shall not influence the operations, and accept the priority of inquiry date. If a case is special and emergent, the inquiry shall be handled with priority.
Article 9
When Telecommunications Business handles with the related authorities to inquire user information, every information shall be charged in 5 NTD monthly.
A judge, a court prosecutor or the Control Yuan who inquire Telecommunications user information pursuant to the Laws shall charge half or free.
The related organizations that have paid for the communication records and the inquiry of users’ information shall not charge the inquiry fee.
Article 10
Official documents or inquiry sheets inquired by the related organizations shall be registered in each Telecommunications Business authority and preserved one year.
Article 11
The operation staff who are engaged in inquiries about the operation process and the contents of examined information shall keep confidential.
Article 12
These Rules shall come into force from the date of promulgation.
