79 Amendments of Heinz K. BECKER related to 2017/0003(COD)
Amendment 143 #
Proposal for a regulation
Recital 3
Recital 3
(3) Electronic communications data may also reveal information concerning legal entities, such as business secrets or other sensitive information that has economic value. Therefore, the provisions of this Regulation should apply to both natural and legal persons. Furthermore, this Regulation should ensure that provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council21, also apply to end-users who are legal persons. This includes the definition of consent under Regulation (EU) 2016/679. When reference is made to consent by an end-user, including legal persons, this definition should apply. In addition, legal persons should have the same rights as end-users that are natural persons regarding the supervisory authorities; furthermore, supervisory authorities under this Regulation should also be responsible for monitoring the application of this Regulation regarding legal persons. _________________ 21 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88)legal persons to the extent necessary for protecting the secrecy of communications.
Amendment 165 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This Regulation permits the processing of electronic communications data and of information conveyed to, stored in, retrieved from or otherwise processed in relation to terminal equipment to the extent strictly necessary and proportionate for the purposes of ensuring network and information security, i.e. the ability of networks or information systems to resist, at a given level of confidence, accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted electronic communications data, and the security of the related services offered by, or accessible via, those networks and systems. Such processing is permitted to providers of electronic communications networks and services, to users, as well as to relevant third parties such as public authorities, computer emergency response teams (CERTs), computer security incident response teams (CSIRTs) and providers of security technologies and services.
Amendment 177 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 197 #
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications during conveyance is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 206 #
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end- users consent in accordance with Regulation (EU) No 2016/679. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end-users’ consent tocomply with Regulation (EU) No 2016/679 when processing electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 230 #
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end- user’s terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent and for specific and transparent purposes.
Amendment 231 #
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, and hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end- user’s’ terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent and for specific and transparent purposeshere lawful under one of the conditions set out in Article 6 of Regulation (EU) 2016/679.
Amendment 235 #
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to makedemonstrate that use of the processing and storage capabilities of terminal equipment or to accessing of information stored in terminal equipment is lawful under Article 6 of Regulation 2016/679 should be limited to situations that involve no, or only very limited, intrusion of privacy or where a legitimate interest is at stake. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic tofrom a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user’s settings or ensure that they are able to do so in accordance with the relevant provisions and the mere logging of the fact that the end-user’s device is unable to receive all or some of the content requested by the end- user should not constitute access to such a device or use of the device processing capabilities.
Amendment 239 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 248 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 256 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 295 #
Proposal for a regulation
Recital 32
Recital 32
(32) In this Regulation, direct marketing refers to any form of advertising by which a natural or legal person sends direct marketing communications directly to one or more identified or identifiable end-users using electronic communications services. In addition to the offering of products and services for commercial purposes, this should also include messages sent by political parties that contact natural persons via electronic communications services in order to promote their parties. The same should apply to messages sent by other non-profit organisations to support the purposes of the organisation. It should not apply to the communication for scientific re-search purposes like market and opinion research.
Amendment 324 #
Proposal for a regulation
Recital 42
Recital 42
(42) Since the objective of this Regulation, namely to ensure an equivalent level of protection of natural and legal persons and the free flow of electronic communications data throughout the Union, cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 326 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation ensures, in accordance with Regulation (EU) No 2016/679, free movement of electronic communications data and electronic communications services within the Union, which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural and legal persons and the protection of natural persons with regard to the processing of personal data.
Amendment 329 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 335 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to information related to the terminal equipment of end-users.
Amendment 342 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) electronic communications services which are not publicly available pursuant to Article 2(2)(c) of Regulation (EU) No 2016/679;
Amendment 358 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where the provider of an electronic communications service is not established in the Union it shall designate in writing a representative in the Union, Article 27 of Regulation (EU) No 2016/679 shall apply.
Amendment 385 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘'direct marketing communications’' means any form of advertisingcommunication for the purpose of promoting products and services, whether written or oral, sent to one or moredirectly to an identified or identifiable end- users of electronican interpersonal communications services, including the use of automated calling and communication systems with or without human interaction, electronic mail, SMS, etc. For the purposes of this regulation an interpersonal communications service shall also include a service that is not provided for remuneration;
Amendment 394 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
PROTECTION OF ELECTRONIC COMMUNICATIONS OF NATURAL PERSONS AND OF INFORMATION STORED IN THEIR TERMINAL EQUIPMENT
Amendment 395 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Confidentiality of electronic communications datacontent
Amendment 402 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data during conveyance, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or processing of electronic communications datacontent, by persons other than the end- users, shall be prohibited, except when permitted by this Regulation.
Amendment 407 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For the implementation of the previous paragraph, providers of electronic communications networks and services shall take technical and organisational measures as defined in Article 32 of Regulation (EU) 2016/679.Additionally, to protect the integrity of terminal equipment and the safety, security and privacy of users, providers or electronic communications networks and services shall take appropriate measures based on the risk and on the state of the art reasonably to prevent the distribution through their networks or services of malicious software is referred to in Article 7 Sub-Paragraph (a) of Directive 2013/40/EU.
Amendment 413 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of eElectronic communications networks and servicesdata may be process electronic communications dataed if:
Amendment 418 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 435 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is necessary to maintain or restore the security or availability of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 436 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is necessary to maintain or restore the security or availability of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 443 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Providers of electronic communications networks and services, users and any third party who can demonstrate a legitimate interest may process electronic communications data to the extent strictly necessary and proportionate for the purpose of ensuring network and information security, notably in order to: (a) protect the confidentiality, integrity, availability, authenticity of electronic communications or of terminal equipment; (b) protect the privacy and safety of users or of third parties; (c) maintain or restore the confidentiality, integrity, availability, authenticity of electronic communications networks and services; (d) detect technical faults and/or errors in the transmission of electronic communications.
Amendment 447 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 453 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Providers of eElectronic communications servicesmetadata may be process electronic communications metadataed only if:
Amendment 458 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it is necessary for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusive use of, or subscription to, electronic communications services, or planning and optimising the network or related subscriptions; or
Amendment 471 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including fora legitimate ground in accordance with Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the provisioncessing of specific services to such end-users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymousrsonal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’) is applicable.
Amendment 478 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Article 6 of Regulation (EU) No 2016/679 shall apply.
Amendment 482 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. Providers of the eElectronic communications servicescontent may be process electronic communications contented only:
Amendment 488 #
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user or end-users concerned have given their consent to the processing of his or her electronic communications content and, or the provision of that service cannot be fulfilled without the processing of such content; or
Amendment 496 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. In so far as providers of electronic communications services are processing and receiving communications content to and by the end-user, the provisions of this regulation shall not apply but regulation (EU) 2016/679.
Amendment 497 #
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. (a) The service provider may collect and use the personal data of a recipient of a service only to the extent necessary to enable and invoice the use of services (data on usage).Data on usage are in particular characteristics to identify the recipient of the service, details of the beginning and end of the scope of the respective usage, and details of the services used by the recipient of the service. (b) The service provider may collate a recipient's usage data regarding the use of different services to the extent necessary for invoicing the recipient of the service. (c) For the purposes of advertising, market research or in order to design the services in a needs-based manner, the service provider may produce profiles of usage based on pseudonyms to the extent that the recipient of the service does not object to this.The service provider must refer the recipient of the service to his right of refusal.These profiles of usage must not be collated with data on the bearer of the pseudonym without his consent (opt-in).
Amendment 501 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to point (b) of Article 6(1) and points (a) and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipientwhen it is no longer necessary for the operation of such services. Such data may be recorded or stored by the end-users or by a third party entrusted by them to record, store or otherwise process such data, in accordance with Regulation (EU) 2016/679.
Amendment 503 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Without prejudice to point (b) of Article 6(1) and points (a) and (c) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communicationoperation of such services.
Amendment 507 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 510 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Protection of information stored in and related to end-users’transmitted to, stored in and collected from terminal equipment
Amendment 518 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the end-user concerned shall be prohibited, except onermissible if one of the following grounds applies:
Amendment 520 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the end-user concerned shall be prohibited, except on the following grounds:
Amendment 525 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the end-user has given his or her consent or there is another legitimate ground within the meaning of Article 6 of Regulation (EU) 2016/679; or
Amendment 529 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user, particularly in order to preserve the integrity or security of the information society service or access to it, to improve what is offered or for measures to protect against unauthorised use of the service in accordance with the terms and conditions of use relating to the provision of services to the end-user; or
Amendment 537 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(c a) it is necessary for protecting the confidentiality, integrity, availability, authenticity of the terminal equipment or of the electronic communications network or service, or for protecting the privacy, security or safety of the user;or
Amendment 538 #
Proposal for a regulation
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(c b) it is necessary for scientific research purposes, provided that the controller plans appropriate technical and organisational measures to safeguard the rights and freedoms of the user and the processed personal data will be anonymised as soon as possible according to the research purpose.
Amendment 546 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that suchmeasuring the scope of the information society service requested by the end-user, including the taking of measurements is carried out by thn order to calculate provider of the information society service requested by the end-user.yalties for the collective management of rights or other remuneration or payment schemes; or
Amendment 552 #
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) a clear and prominent notice is displayed informing of, at least, the modalities of the collection, its purpose, the person responsible for it and the other information required under Article 13 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collection. The collection of such information shall be conditional on the application of appropriate technical and organisational measures to limit the collection and processing of information to the purposes required therefor and ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied, for example by means of pseudonymisation of information collected pursuant to Article 4(5) of Regulation (EU) No 2016/679.
Amendment 560 #
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it occurs for the purpose of recording, for the undertaking as a whole, anonymous indicators concerning the use of information society services;or
Amendment 567 #
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) in order to mark terminal equipment for advertising purposes, on condition that the person responsible has clearly informed the end-user of this at the beginning of the data processing and has provided an opportunity for objection that is easy to exercise;or
Amendment 570 #
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
(d c) it occurs for purposes of the settlement of payments under contracts concerning the sale of products or services, provided that the contract pertaining thereto has been concluded on- line.
Amendment 592 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) it is necessary for protecting the confidentiality, integrity, availability, authenticity of the terminal equipment or of the electronic communications network or service, or for protecting the privacy, security or safety of the user.
Amendment 595 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The collection of such information shall be conditional on the application of appropriate technical and organisational measures to limit the collection and processing of information to the purposes required therefor and ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied, for example by means of pseudonymisation of information collected pursuant to Article 4(5) of Regulation (EU) No 2016/679.
Amendment 602 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information to be provided pursuant to point (e) of paragraph 1 and point (b) of paragraph 2 may be provided in combination with standardized icons in order to give a meaningful overview of the collection in an easily visible, intelligible and clearly legible manner.
Amendment 603 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information to be provided pursuant to point (b) of paragraph 2 may be provided in combination with standardized icons in order to give a meaningful overview of the collection in an easily visible, intelligible and clearly legible manner. Such information may be provided by means of a transparency certification and labelling scheme for terminal equipment, indicating the equipment's quality, security and assurance properties.
Amendment 608 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 275 determining the information to be presented by the standardized icon and the procedures for providing standardized icons, as well as establishing the transparency certification and labelling scheme referred to in paragraph 3.
Amendment 612 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definitions of and conditions for consent provided for under Articles 4(11) and 7(1), (2) and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 614 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7 (1), (2) and (3)of Regulation (EU) 2016/679/EU shall apply.
Amendment 619 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 626 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 635 #
Proposal for a regulation
Article 10
Article 10
Amendment 668 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Article 25 of Regulation (EU) No 2016/679 shall apply.
Amendment 684 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
NATURAL PERSONS' RIGHTS TO CONTROL ELECTRONIC COMMUNICATIONS
Amendment 703 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consentelectronic information, communication and telecommunication services shall collect the data of end- users who are natural persons in order to include their personal data in the directory and, consequently, shall obtain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of thepublicly accessible directories. They shall give end-users that are natural persons the right to object to data related to them being included in directoryies. Providers shall give end-users who are natural persons the means to verify, correct, update, supplement and delete such data.
Amendment 707 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall inform end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enabling such, which they shall do there. The providers of electronic information, communication and telecommunication services shall inform end-users when new search functions arelated to their own data made available.
Amendment 713 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directorielectronic information, communication and telecommunication services shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct, update, supplement and delete such data. Natural persons acting for an economic purpose, such as independent professionals, operators of small businesses or freelancers, shall be equated with legal persons.
Amendment 726 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct, update, supplement and delete any data related to them shall be provided free of charge.
Amendment 730 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. The provisions of paragraphs 1 to 4 shall not apply to data and information published in other publicly accessible sources and data provided by end-users themselves.
Amendment 732 #
Proposal for a regulation
Article 15 – paragraph 4 b (new)
Article 15 – paragraph 4 b (new)
4 b. Any undertaking which provides publicly accessible information, communication or telecommunication services and which issues or uses telephone numbers, user names or other means of user identification shall be required, upon request and with due regard for provisions relating to data protection, to make the participants' data available to any undertaking which provides or operates directory or information services, in order to provide publicly accessible directory or information services. The data shall be communicated immediately and in a non- discriminatory manner.
Amendment 733 #
Proposal for a regulation
Article 16
Article 16
Amendment 765 #
Proposal for a regulation
Article 17
Article 17
Amendment 793 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 797 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 799 #
Proposal for a regulation
Article 23
Article 23
Amendment 813 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Article 83 of Regulation (EU) No 2016/679 shall apply.
Amendment 814 #
Proposal for a regulation
Article 24
Article 24
Amendment 815 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Article 84 of Regulation (EU) No 2016/679 shall apply.
Amendment 827 #
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
It shall apply from 25 May 20189.