The term “personal data” is understood in the context of the electronic communications sector pursuant to the general definition contained in Article 4 no. 1 of the
GDPR as any information relating to an identified or identifiable natural person. The
communications data are further specified as traffic data and location data.
Traffic data and location data are terms primarily used in the Electronic Communications Act. The respective definitions in Section 90 Subsection 1 and Section 91
Subsection 1 are in accordance with the definitions adopted in Article 2 Subsections
b) and c) of the Directive 2002/58/EC on privacy and electronic communications,
respectively.
20 Their wording is as follows:
Section 90
Traffic Data
(1) Traffic data mean any data processed for the purposes of the transmission of a message
via the electronic communications network or for the billing thereof.
(. . .)
Section 91
Location Data
(1) Location data mean any data that are processed within the electronic communications
network and that define the geographical location of the terminal equipment of a user of
publicly available electronic communications service.
(. . .)
3.2 Specific Rules for the Electronic Communications Sector
One of the core values protected through the specific provisions contained in the
above mentioned legislation is the confidentiality of communication data. The
confidentiality obligations cover data transmitted via public communications network or the publicly available electronic communications services as well as related
traffic and location data. Subject to these obligations are the respective providers of
public communications networks or publicly available electronic communications
services.
The following Section 89 of the Electronic Communications Act contains specific
rules about confidentiality of communications data in accordance with the Directive
2002/58/EC on privacy and electronic communications:
Section 89
Confidentiality of Communications
(1) The undertakings providing public communications networks or publicly available
electronic communications services shall ensure the technical and organisational measures to safeguard the confidentiality of the messages and the related traffic and location
20 See in Czech: Chudomelová et al. (2016), pp. 299–306.
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GDPR as any information relating to an identified or identifiable natural person. The
communications data are further specified as traffic data and location data.
Traffic data and location data are terms primarily used in the Electronic Communications Act. The respective definitions in Section 90 Subsection 1 and Section 91
Subsection 1 are in accordance with the definitions adopted in Article 2 Subsections
b) and c) of the Directive 2002/58/EC on privacy and electronic communications,
respectively.
20 Their wording is as follows:
Section 90
Traffic Data
(1) Traffic data mean any data processed for the purposes of the transmission of a message
via the electronic communications network or for the billing thereof.
(. . .)
Section 91
Location Data
(1) Location data mean any data that are processed within the electronic communications
network and that define the geographical location of the terminal equipment of a user of
publicly available electronic communications service.
(. . .)
3.2 Specific Rules for the Electronic Communications Sector
One of the core values protected through the specific provisions contained in the
above mentioned legislation is the confidentiality of communication data. The
confidentiality obligations cover data transmitted via public communications network or the publicly available electronic communications services as well as related
traffic and location data. Subject to these obligations are the respective providers of
public communications networks or publicly available electronic communications
services.
The following Section 89 of the Electronic Communications Act contains specific
rules about confidentiality of communications data in accordance with the Directive
2002/58/EC on privacy and electronic communications:
Section 89
Confidentiality of Communications
(1) The undertakings providing public communications networks or publicly available
electronic communications services shall ensure the technical and organisational measures to safeguard the confidentiality of the messages and the related traffic and location
20 See in Czech: Chudomelová et al. (2016), pp. 299–306.
130
R. Polčák et al.