7 Amendments of Miriam DALLI related to 2016/0288(COD)
Amendment 28 #
Proposal for a directive
Recital 6
Recital 6
(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy, public morality and public security, and to permit the investigation, detection and prosecution of criminal offences, taking into account that such measures must be provided for by law, must respect the essence of the rights and freedoms recognised by the Charter of Fundamental Rights of the European Union ("the Charter") and must be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter.
Amendment 30 #
Proposal for a directive
Recital 7
Recital 7
(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity and, consumer protection, privacy and the protection of personal data. _________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 35 #
Proposal for a directive
Recital 91 a (new)
Recital 91 a (new)
(91 a) In order to ensure the proper safeguards to the security and integrity of networks and services, the use of end-to- end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of data protection by default and design and privacy by default and design. In particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services or any other organisations (at any level of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors".
Amendment 37 #
Proposal for a directive
Recital 111
Recital 111
(111) In exceptional cases where Member States decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy, public security or public health, Member States should explain the reasons for such limitationsuch limitations should be duly reasoned, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter. Furthermore, any national law allowing public authorities to obtain access to networks or the content of electronic communications on a generalised basis should be regarded as compromising the essence of the fundamental right to respect for private life, as guaranteed by Article 7 of the Charter and taking into account the judgments of the Court of Justice of the European Union in Cases C-362/141a and Joined Cases C-293/12 and C- 594/122aand the Order of the Court in Case C-557/073a. _________________ 1a Judgment of 6 October 2015, ECLI:EU:C:2015:650. 2a Judgment of 8 April 2014, ECLI:EU:C:2014:238. 3a Order of 19 February 2009, ECLI:EU:C:2009:107.
Amendment 42 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Without prejudice to the provisions of Article 10, national regulatory authorities shall act independently and objectively, be legally distinct and functionally independent from the government, operate in a transparent and accountable manner in accordance with Union law and national law, have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities.
Amendment 53 #
Proposal for a directive
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. In order to contribute to the consistent application of measures for the security of networks and services, BEREC shall, by ... [date], after consulting stakeholders and in close cooperation with the Commission and other Union Agencies, issue guidelines on minimum criteria and common approaches for the security of networks and services and the promotion of end-to-end encryption.
Amendment 61 #
Proposal for a directive
Article 93 – paragraph 2 a (new)
Article 93 – paragraph 2 a (new)
2 a. In order to contribute to the consistent application of fundamental rights safeguard, BEREC shall, by ...[date], after consulting stakeholders and in close cooperation with the Commission and the European Union Agency for Fundamental Rights (FRA), issue guidelines on common approaches to ensure that national measures regarding end-users' access to, or use of, services and applications through electronic communications networks respect the fundamental rights and freedoms, as guaranteed by the Charter and general principles of Union law.