Regulations on Telecommunications Business Handling the Related Authorities Inquiring Telecommunications Communication Record （Dec. 26, 2002）

(Unofficial Translation)

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 Communication Record, which means Telecommunications service used by Telecommunications users to record Telecommunications number, communication date and time of communication for the transmitting and receiving side resulted by Telecommunications system.

The Telecommunications number so-called in the proceeding paragraph means telephone number or subscriber identification code.

Article 3

Communication record inquired by the related authorities shall consider first its necessity, rationality and proportional principle as well as comply with the related law procedures to provide official documents or attach the inquiry sheet of Telecommunications communication record (format as Attachment) with the Telecommunications number, the type of communication record, time of the starting and ending, the inquiry basis or case number, information purpose, persons in contact, the telephone or fax number and the related account information that need be inquired clearly, and then send to the acceptance unit of Telecommunications business for subscribers. If a special case or an emergency situation is inquired, judges, military judges, court prosecutors, military prosecutors, a chief of the inquiry authority or in written form to designate a person by telephone or document fax with a recall confirmation shall supplement official documents or the original inquiry sheet of Telecommunications communication record with stamping a seal in three work days after the inquiry in conducted.

The inquiry in the proceeding paragraph that is approved by both the inquiry authority and Telecommunications business shall be encryption e-mail, which is considered as official documents or the original inquiry sheet of Telecommunications communication record.

Article 4

Communication record that the related authorities inquire in the conservation date of Telecommunications business shall be started to conduct; the conservation date of information for overdue Telecommunications business that can’t provide shall be replied Telecommunications business in written form.

Article 5

The conservation date of Type I Telecommunications Business Communication Record in the proceeding paragraph is as follows:

1. Local Communication Record: in three months recently;
2. International and Local Long-Distance Communication Record: in 6 months recently;
3. Mobile Communication Record: in 6 months recently;

The conservation date in the proceeding paragraph shall be recalled from the inquiry day conducted.

The conservation date of Type II Telecommunications Business Communication Record shall follow Administrative Regulations on Type II Telecommunications Business.

Article 6

Telecommunications Business that handles the inquiry of communication record shall not influence the operation and follow the sequence of the inquiry date to be conducted for principle. If a special case or an emergency situation is inquired, it shall not be subjected here.

When Telecommunications business conducts the inquiry of a special case or emergency situation in the proceeding paragraph, it shall be handled with priority; the inquiry authority shall pay the fee of operation and staff safety due to priority handling.

Article 7

The inquiry fee shall be charged as follows:

1. One-way Communication Record: Charge for 10 NTD/page;
2. Two-way Communication Record: Charge 120 NTD/day at every number. If a period of inquiry isn’t one day, it shall be charged as one day.

If the inquiry results show no information in the proceeding paragraph, shall still be charged.

As for the inquiry expenses, the inquiry authorities shall be paid in full at a paying-in day.

Article 8

Judges, military judges, court prosecutors, military prosecutors or the Control Yuan, Audit Department and its audit authorities that inquiry Telecommunications communication record by the Laws shall be charged for a half of the fee or freely.

Article 9

Official documents inquired by the related organizations shall be registered in each Telecommunications Business authority, preserved two years and destroyed by burning or melting when overdue.

Article 10

The operation staff who are engaged in inquiries about the operation process and the contents of examined information shall keep confidential.

Article 11

These Rules shall come into force from the date of promulgation.