17 Amendments of Barbara SPINELLI related to 2017/0003(COD)
Amendment 191 #
Proposal for a regulation
Recital 15
Recital 15
(15) EAny processing of electronic communications data should be treated as confidential. This means thator any interference with the transmission of electronic communications data, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibitedby persons other than the end- users, should be prohibited. When the processing is allowed under any exception to the prohibitions under the this Regulation, any other processing of the electronic communications data on the basis of Article 6 of the Regulation (EU) 2016/679 shall be considered as prohibited, including processing for another purpose on the basis of Article 6(4) of that Regulation. This would not prevent controllers from asking for additional consent for new processing operations. The prohibition of interception of communications data should apply also during their conveyance, i.e. until receipt of the content of the electronic communication by the intended addressee and any temporary files in the network after receipt. Interception of electronic communications data may occur, for example, when someone other than the communicating parties, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata for purposes other than the exchange of communications. Interception also occurs when third parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concerned. As technology evolves, the technical ways to engage in interception have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers, and analysis of end users’ electronic communications metadata, including browsing habits without the end- users’ consent.
Amendment 333 #
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 regardless of whether a payment is required by the user.
Amendment 401 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data regardless of whether this data is in transit or stored, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or any processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 406 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Neither providers of electronic communication services, nor any third parties, shall process electronic communications data collected on the basis of consent or any other legal ground under this Regulation on any other legal basis not specifically provided for in this Regulation
Amendment 411 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 422 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) it is strictly necessary to achieve the transmission of the communication, for the duration necessary for that purpose only; or
Amendment 428 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is strictly necessary to maintain or restore the security 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. only and only to the extent that the purpose concerned could not be fulfilled by processing information that is made anonymous;
Amendment 464 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) after receiving all relevant information about the intended processing in a clear and easily understandable language, provided separately from the terms and conditions of the provider, 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 for the provision of specific services to suchall end-users, or which are provided in order to deliver a specific functionality to the end- users concerned, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous. Consent may be provided to the provider of the communication service or to the provider of the specific service, but if it is provided to the latter, the latter must be able to prove to the provider of the communication service that such consent has been given.
Amendment 517 #
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, and any other electronic communications data identifying end-users, other than by the end-user concerned shall be prohibited, except on the following grounds:
Amendment 555 #
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) The end-user shall not be denied access to an information society service or electronic communications service (whether these services are remunerated or not) on grounds that the end-user does not provide consent under point (b) of Article 8(1) or point (b) of Article 8(2) for processing any data that is not strictly necessary for the provision of that service.
Amendment 563 #
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) The end-user shall not be denied any functionality of the terminal equipment on grounds that the end-user does not provide consent as set out in point (b) of Article 8(1) or point (b) of Article 8(2) for processing any data that is not strictly necessary for the functionality requested by the end-user.
Amendment 598 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 627 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processingIn order to lower the burden ofn electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continund-users, requests for consent as well as consent withdrawals shall where possible conform to technical standards applicable to such request or withdrawals and be machine-readable, in order to allow for end-users to benefit from privacy enhancing technologies.
Amendment 735 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NThe use by natural or legal persons may useof electronic communications servicenetworks for the purposes of sending, directing or presenting direct marketing communications to end-users who are natural persons thatmay be allowed only in respect of end- users who have given their prior consent.
Amendment 739 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services for a period of no more than 12 months only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 754 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to-voice calls to end-users who are natural persons shall only be allowed in respect of end- users who are natural persons who have not expressed their objection to receiving those communications. Member States availing of this exception shall establish a national "Do Not Call" register and provide by law that end-users who are natural persons can object to all future direct marketing voice-to-voice calls by registering in the national "Do Not Call" register.
Amendment 759 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner and free of charge, to receiving further marketing communications. Any use of masked sender identities, false contact information or false return addresses or numbers for direct marketing purposes shall be prohibited.