Ordinance
on the Surveillance of Post and Telecommunications
(SPTO)

If the PTSS es­tab­lishes that the sur­veil­lance relates to a hold­er of of­fi­cial or pro­fes­sion­al secrets but that the stat­utory meas­ures to pro­tect these secrets have not been taken, it shall in the fol­low­ing situ­ations no­ti­fy the or­der­ing au­thor­ity and the ap­prov­al au­thor­ity without delay and ini­tially shall not al­low the former and the per­sons named in the sur­veil­lance or­der ac­cess to the sur­veil­lance data:

a.

if sur­veil­lance has been ordered by a ci­vil­ian pro­sec­u­tion au­thor­ity: in the case of per­sons from the pro­fes­sion­al groups spe­cified in Art­icles 170–173 Crim­PC un­less meas­ures have been taken in ac­cord­ance with Art­icle 271 Crim­PC;

b.

if sur­veil­lance has been ordered by a mil­it­ary pro­sec­u­tion au­thor­ity: in the case of per­sons from the pro­fes­sion­al groups spe­cified in Art­icle 75 let­ter b MCPC un­less meas­ures in ac­cord­ance with Art­icle 70b MCPC have been taken;

c.

if sur­veil­lance has been ordered by the FIS: in the case of per­sons from the pro­fes­sion­al groups spe­cified in Art­icles 171–173 Crim­PC un­less meas­ures have been taken in ac­cord­ance with Art­icle 58 para­graph 3 of the In­tel­li­gence Ser­vice Act of 25 Septem­ber 2015⁸ in con­junc­tion with Art­icle 23 of the In­tel­li­gence Ser­vice Or­din­ance of 16 Au­gust 2017⁹.