years, the data the service provider has
obtained in connection with the unlawful use of
subscriber terminal equipment, or any attempt to
do so, for accessing subscriber services in the
information
and communications network, in
particular, when the equipment has been barred by
its rightful owner.
Data for the
identification of
subscribers
142. (1) In order to prevent any evasion of the
obligation to pay charges and other obligations
following from the contract, information and
communications service providers have the right to
transfer to or receive from, other information and
communications service providers data for the
identification of subscribers, from the data legally
processed in accordance with this Act, together
with the reasons for the data transfer as laid down
in subsection (2), or to raise a joint data bank with
corresponding data content in order to determine
whether or not to enter into contract with certain
subscribers.
(3) Subscriber data may be forwarded to or
recorded in, the data bank if
(a) a contract was terminated by the service
provider on account of overdue charges, or
the availability of the service for use by a
subscriber was fully or partially suspended;
(b) judicial or public proceedings were
instituted by the service provider against a
subscriber on account of outstanding debts,
or if the subscriber's place of abode is
unknown; or
(c) the service provider was misled or an
attempt was made by an applicant or
subscriber to mislead the service provider
with the intention of causing damage, in
particular when the documents of
subscriber identification are obviously false,
fraudulent or invalid or for other unlawful
purposes.
(4) Service providers shall promptly inform the
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