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Interception is of great importance for law enforcement and national security. The value of this tool for justice and security services is undisputed and not up for discussion. However, for interception to be possible, telecommunications must be interceptable. This study focuses on how interceptability can be best ensured.
Commissioned by the Ministry of Economic Affairs, this study evaluates the interceptability policy as laid out in Chapter 13 of the Telecommunications Act (TW). Interceptability refers to securing the ability to investigate telecommunications (interception, and requesting user and traffic data). Chapter 13 TW imposes obligations on providers of public telecommunications to ensure this interceptability.
The interceptability policy dates back to the period 1996-1998, with the Policy Intentions for lawful interception of telecommunications and its translation into the Telecommunications Act in 1998. However, telecommunications are constantly evolving, both in the market and in technology, putting interceptability of telecommunications under pressure. The goal of this study is to explore whether the interceptability policy has been adequately translated into legislation in the past, and whether current policy and legislation are suitable for the future in light of telecommunications developments.
This evaluation study largely focuses on the three main pillars of policy and legislation, namely the general requirement that public telecommunications must be interceptable, the obligations for telecom providers to cooperate, and cost allocation. The research, conducted as a qualitative evaluation due to limited resources, involved interviews with stakeholders (justice, intelligence, and security services), telecom providers, regulators, and other experts, supplemented by literature review. The findings of the research largely reflect the opinions of stakeholders and providers; the conclusions and recommendations are the responsibility of the researchers.
