ENFOPOL 1995

28.04.1999

COUNCIL RESOLUTION of JANUARY 1995

ENFOPOL 1995
ANNEX

COUNCIL RESOLUTION of 17 January 1995 on the lawful interception of telecommunications
(96/C 329/01)

Official Journal C 329 , 04/11/1996 p. 0001 - 0006

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Union, and in particular to Articles K.1 (9) and K.2 (2) thereof,

Reaffirming the need, when implementing telecommunications interception measures, to observe the right of individuals to respect for their privacy as enshrined in the territorially applicable national law,

Aware of the fact that observing that right comes up against specific legal and technical difficulties in view of technological developments,

Determined to identify and overcome these difficulties in implementing the requirements set out in the Annex while observing human rights and the principles of data protection;

Whereas in the laws of the Member States possibilities are provided for restricting the secrecy of communications and, under certain circumstances, intercepting telecommunications;

Whereas the legally authorized interception of telecommunications is an important tool for the protection of national interest, in particular national security and the investigation of serious crime; Whereas interception may only be effected insofar as the necessary technical provisions have been made;

Whereas in accordance with a decision by the Trevi Ministers in December 1991 a study should be made of the effects of legal, technical and market developments within the telecommunications sector on the different interception possibilities and of what action should be taken to counter the problems that have become apparent,