ePrivacy: Itemised Billing and Privacy
Itemised Billing and Privacy [Art 7]
Rule: Subscribers have the right to receive non-itemised bills, and Member States must balance itemised billing with privacy rights.
Core Rights
| Right | Details | Citation |
|---|---|---|
| Non-itemised bills | Subscribers can choose to receive bills without call details | Art 7(1) |
| Privacy balance | Member States must reconcile billing rights with caller/called party privacy | Art 7(2) |
Article 7(1): Right to Non-Itemised Bills
Subscribers shall have the right to receive non-itemised bills.
What this means:
- Subscribers can opt out of detailed call records on bills
- Providers must offer non-itemised billing as an option
- No extra charge for non-itemised bills
Use cases:
- Protecting household privacy (other family members can’t see calls)
- Business confidentiality (preventing disclosure of call patterns)
- General privacy preference
Article 7(2): Balancing Privacy Interests
Member States shall apply national provisions in order to reconcile the rights of subscribers receiving itemised bills with the right to privacy of calling users and called subscribers.
The privacy conflict:
- Subscriber wants itemised bill (to see what they’re paying for)
- Calling user wants privacy (doesn’t want their call disclosed)
- Called party wants privacy (doesn’t want to appear on someone else’s bill)
Privacy-Enhancing Solutions
Member States must ensure availability of:
Alternative privacy methods:
- Partial itemisation (showing cost but not full numbers)
- Number masking (showing last few digits only)
- Delayed itemisation (after a privacy period)
- Online access with authentication (rather than paper bills)
Alternative payment methods:
- Prepaid services (no bills at all)
- Fixed-rate plans (no need for itemisation)
- Anonymous payment options
Practical Examples
Scenario 1: Household subscriber
- Parents want itemised bill to monitor costs
- Teenage child wants privacy for calls
- Solution: Partial masking of specific numbers, or separate sub-accounts
Scenario 2: Business subscriber
- Company needs itemised bills for accounting
- Employees make personal calls
- Solution: Option for employees to opt out specific numbers, or use personal devices
Scenario 3: Calling party privacy
- Person calls a helpline from their phone
- Doesn’t want call appearing on household bill
- Solution: Use alternative payment method, or calling party withholding option
Minimum Information on Bills
Even non-itemised bills must show:
- Total amount due
- Service period
- Connection fees (if applicable)
- Taxes and charges
Non-itemised bills do NOT show:
- Individual call details
- Called numbers
- Call duration
- Time of calls
Relationship with Traffic Data (Article 6)
- Article 6 governs processing of traffic data by providers
- Article 7 governs what appears on subscriber bills
- Providers can process traffic data for billing (Article 6) even if subscriber chooses non-itemised bill (Article 7)
Member State Implementation
National laws typically provide for:
- Default billing type (itemised or non-itemised)
- How to request non-itemised bills
- Degree of detail in itemised bills
- Privacy protections for calling/called parties
Examples:
- Some states default to non-itemised, with opt-in for itemisation
- Others provide itemised by default, with opt-out option
- Privacy-enhancing features vary by jurisdiction
Penalties
Non-compliance enforced through:
- National regulatory authorities
- Complaints procedures for subscribers
- Potential fines under national transposition