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Malicious calls

In accordance with Article 43bis §3 7° of the Act of 21 March 1991, the ombudsman is tasked with examining a request from any person who claims to be the victim of malicious use of an electronic communications network or service for information about the identity and address of the users of the electronic communications networks or services who have bothered this person, provided that this information is available. The Office of the Ombudsman for Telecommunications grants the request if the following conditions are met: the facts appear to have been established and the request relates to specific dates and times.

If you receive malicious calls/SMS's on your mobile telephone or on your fixed line and you want to know the identity of the suspected perpetrator of these calls/SMS's, you can submit a complaint to the Office of the Ombudsman for Telecommunications.

You will then be asked to complete a form (DOC .doc - 380Ko) on which you write down the exact dates and times of the calls. YOU MUST ALSO SIGN THIS FORM.

If the ombudsman believes that the facts have been demonstrated, his only task, based on your incoming telephone calls connected by the telecom operator in question, is to inform you of the details of the holder of the connection (who is therefore not necessarily the perpetrator of the calls, since the line can have been used by third parties) from which the unwanted calls originated.

The Office of the Ombudsman for Telecommunications cannot identify the suspected perpetrator if the calls were made from another country.

The ombudsman is not authorised to act within the context of the provisions relating to privacy protection. He will therefore never contact the suspected perpetrator of the malicious calls/SMS's.

In such disputes, you are strongly advised also to also turn to the competent legal bodies or the police.

BlindSurfer, February 2006

Legal information

Telecom Mediation Service
Koning Albert II-laan 8 bus 3, 1000 Brussel - Tel 02 223 09 09 - Fax 02 219 86 59