Telecomautoriteit OPTA concludes on the basis of a preliminary investigation into the application of deep packet inspection by KPN, Vodafone, T-Mobile and Tele2 that these providers may violate the law. The CBP is the follow-up research to do.
The OPTA states that from an initial investigation shows that the four surveyed telecom operators for the data traffic of their customers to analyze. Although the regulator is no evidence says that the providers of the content of e-mails or postings on social networks, they would by the application of technology for deep packet inspection much more information than is strictly necessary for the control of the data traffic.
Because by the use of dpi, which, in addition to the header, the content of an ip packet is analyzed, among others, can be determined which applications a user at a certain moment, there may be a breach of the communicatiegeheim. According to the OPTA dives there is still a possible problem with the use of dpi. Providers may use large amounts of sensitive data. Therefore, the duty of care, that telecom companies are obliged to personal data as well as to protect, in the proceedings.
The OPTA states that the duty of care and the communicatiegeheim, which are set out in the telecommunications act, are closely interrelated with the provisions of the data protection Act. Therefore, the College will Protect Personal data in further research, the preliminary findings of the OPTA in their hands. Then will the OPTA and the results of the CBP to dpi into account and say that, if necessary, enforcement action.
The use of dpi by telcos came in the news by KPN, but the other telecom companies are also guilty of applying them. After an initial hesitation, decided to minister Verhagen of Economic Affairs, however, the OPTA and the Dutch dpa further research. In addition to the National office FOR research into the use of dpi.