Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

At the request of criminal police authorities, public prosecutors and courts, which relate to the clarification of the concrete suspicion of a criminal offence of a specific person, providers of communication services and other service providers are obliged to give information on subscriber data of a user. Subscriber data includes: 1. surname and first name of a natural person, name or designation of a legal person, 2. academic degree of a natural person, 3. Address (residential address for natural persons, registered office or billing address for legal persons), 4. user number and other contact information for the message, 5. Information about the nature and content of the contractual relationship, 6. creditworthiness; 7. Date of birth The same applies on an order of the public prosecutor's office for information about the following data: 1. name, address and user ID of the user who was assigned to a public IP address at a specific point in time 2. the user ID assigned to the user when using e-mail services; 3. name and address of the user who was assigned an email address at a given point in time, and 4. the email address and the public IP address of the sender of an email.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive regarding the European Investigation Order in criminal matters in relation to Member States; otherwise: European Convention on Mutual Assistance in Criminal Matters (20.04.1959); Convention implementing the Schengen Agreement; Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)

Competent Authority

* receive the request/decision for judicial cooperation

The public prosecutor’s office with competences for the court district in which the act of judicial assistance is to be performed. The practical execution of the measures is performed by security authorities (police).

Accepted languages

Accepted languages for the request/decision

German, English, French and - in case of reciprocity, if the requesting state would accept a request in German language - also the language of the requesting state.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

None (requests in urgent cases shall be marked as urgent).

Concise legal practical information

Special requirements

After the end of the investigative measure, the public prosecutor's office shall immediately serve its order to the accused and those affected by the execution of the investigative measure. However, service can be postponed as long as it would jeopardize the purpose of the current or any other criminal proceeding.

Last reviewed on 26 August 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.54 Control of regular mail
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