ePrivacy: Calling Line Identification
Calling Line Identification [Art 8]
Rule: Calling and called parties have rights to control presentation and restriction of calling line identification (caller ID).
Rights for Calling Users
| Right | Scope | Cost | Citation |
|---|---|---|---|
| Prevent presentation (per-call) | Block caller ID on individual calls | Free of charge | Art 8(1)(a) |
| Prevent presentation (per-line) | Block caller ID for all calls from that line | Simple means | Art 8(1)(b) |
Rights for Called Subscribers
| Right | Details | Cost | Citation |
|---|---|---|---|
| Prevent presentation | Block display of incoming caller IDs | Free for reasonable use | Art 8(2) |
| Reject anonymous calls | Automatically reject calls with withheld numbers | Simple means | Art 8(2) |
Article 8(1): Calling Party Rights
Per-call blocking (Art 8(1)(a)):
- Calling user can prevent their number appearing on each call
- Must be available free of charge
- Typically accessed by dialing prefix (e.g., 141 in UK, *67 in US)
Per-line blocking (Art 8(1)(b)):
- Calling subscriber can block their number for all outgoing calls
- Permanent setting on the line
- Must be available through simple means
Article 8(2): Called Party Rights
Blocking incoming caller ID (Art 8(2)(a)):
Where presentation of calling line identification is offered, the called subscriber must be provided with the possibility, using a simple means and free of charge for reasonable use of this function, of preventing the presentation of the calling line identification of incoming calls.
Rejecting anonymous calls (Art 8(2)(b)):
Where presentation of calling line identification is offered and where the calling line identification is presented prior to the call being established, the called subscriber must be provided with the possibility, using simple means, of rejecting incoming calls where the presentation of the calling line identification has been prevented by the calling user or subscriber.
Connected Line Identification
Article 8(3) extends similar rights to connected line identification (the number of the party being called):
- Calling party can prevent presentation of connected line ID
- Called party can block their number from appearing
- Same per-call and per-line options apply
Override for Emergency Services
Article 8(4) provides an exception:
- Caller ID restrictions MUST be overridden for emergency calls
- Emergency services must be able to see calling line identification
- Also applies to calls to organisations recognized as handling emergencies
Obligations on Service Providers
Information requirement (Art 8(4)):
Member States shall ensure that where calling line identification is presented… the service provider informs the public of the existence of such a service.
Providers must:
- Inform subscribers about caller ID services
- Explain how to control caller ID presentation
- Make information readily available
Practical Implementation
For calling users:
- Default: caller ID usually shown unless blocked
- Per-call block: dial prefix before number
- Per-line block: contact provider to activate
- Cannot block to emergency services
For called subscribers:
- Can hide their number from calling parties
- Can reject anonymous/withheld calls
- Rejection feature typically costs extra
Free of Charge Requirements
Free services:
- Per-call blocking (for calling party)
- Preventing presentation of incoming caller ID (for called party, reasonable use)
May charge for:
- Per-line blocking (if not simple means)
- Call rejection of anonymous calls
- Premium caller ID features
”Simple Means” and “Reasonable Use”
Simple means: Easily accessible, not requiring complex procedures
Reasonable use: Normal patterns, not excessive use that could indicate commercial activity
International Calls
Article 8(5) addresses cross-border issues:
- Restrictions apply to international calls
- Member States can restrict operations for calls to/from third countries
- Technical feasibility considerations apply
Use Cases
Privacy protection:
- Domestic violence victims hiding location
- Whistleblowers contacting authorities
- General privacy preference
Business needs:
- Call centers presenting company number
- Switchboards showing main number, not extension
- VoIP services managing presentation
Security:
- Reject anonymous calls to avoid scams
- Organizations requiring verified caller ID
- High-security facilities
Relationship with Other Provisions
- Article 10 (Exceptions): Emergency services override caller ID blocking
- Article 7 (Itemised billing): Caller ID separate from billing records
- GDPR: Processing caller ID data must comply with data protection rules
Penalties
Enforced through:
- National regulatory authorities
- Subscriber complaints procedures
- Fines under national transposition laws