Art. 4 Conduct of surveillance
1 The PTSS shall determine in specific cases the technical and organisational measures for conducting surveillance, unless these are directly specified in the applicable regulations, in particular for standardised types of information and surveillance. 2 If, as a result of operational problems, a person or entity required to cooperate is unable to meet its obligations for the surveillance of post or telecommunications, it shall report this to the PTSS without delay and thereafter submit a written statement of the reasons. The PTSS shall inform the person or entity required to cooperate without delay if surveillance cannot be carried out because of operational problems on its side. 3 Irrespective of where the cause of the error lies, the person or entity required to cooperate must temporarily store at least the undelivered secondary telecommunications data from real-time surveillance and deliver it without delay. If the secondary telecommunications data from real-time surveillance is no longer available or incomplete, the person or entity required to cooperate must deliver without delay the secondary telecommunications data from retroactive surveillance in accordance with the instructions of the PTSS. |