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10 Amendments of Evin INCIR related to 2018/0108(COD)

Amendment 287 #
Birgit SIPPEL, Marina KALJURAND, Evin INCIR, Claude MORAES, Katarina BARLEY
Proposal for a regulation
Recital 11 a (new)
(11 a) The respect for private and family life and the protection of natural persons regarding the processing of personal data are fundamental rights. In accordance with Articles 7 and 8(1) of the Charter and Article 16(1) of the TFEU, everyone has the right to respect for his or her private and family life, home and communications and to the protection of personal data concerning them. When implementing this Regulation, Member States should ensure that privacy and personal data are protected and processed only in accordance with Regulation (EU) 2016/679, Directive (EU) 2016/680 and Directive 2002/58/EC.
2019/12/11
Committee: LIBE
Amendment 344 #
Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY
Proposal for a regulation
Recital 40
(40) The requested data should be transmitted to the authorities at the latest within 10 days upon receipt of the EPOC. Shorter time limUpon receipt of the European Production Order Certificate (EPOC), the executing authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary, and ensure its execution in an identical manner and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days upon receipt of the EPOC. Within that period of 10 days, the executing authoritsy should be respected by the provider in emergency cases and if the issuing authority indicates other reasons to depart from the 10 day deadline. In addition to the imminent danger of the deletion of the requested data, such reasons could include circumstances that are related toable to object to the European Production Order and invoke one of the grounds for non- recognition or non-execution provided for in this Regulation, while the service provider should preserve the requested data. Where the executing authority objects, it should inform the issuing authority, the service provider and, where applicable, the affected authority of such decision. If the executing authority has not invoked any ongoing investigation, for example where the requested data is associated to other urgent investigative meaf the grounds listed in this Regulation within that 10 days period, the service provider to which the order is addressed should be required to immediately ensures that cannot be conducted withoutthe requested data is transmitted directly to the missuing data or are otherwise dependent on itauthority or to the law enforcement authorities as indicated in the EPOC.
2019/12/11
Committee: LIBE
Amendment 346 #
Birgit SIPPEL, Marina KALJURAND, Evin INCIR, Claude MORAES, Katarina BARLEY
Proposal for a regulation
Recital 40 a (new)
(40 a) In emergency cases, the executing authority should recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 24 hours upon receipt of the EPOC, while the service provider should preserve the requested data. If the executing authority has not invoked any of the grounds listed in this Regulation within that 24 hours period, the service provider to which the order is addressed should immediately ensure that the requested data is transmitted directly to the issuing authority or to the law enforcement authorities as indicated in the EPOC.
2019/12/11
Committee: LIBE
Amendment 352 #
Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY
Proposal for a regulation
Recital 42
(42) Upon receipt of a European Preservation Order Certificate (‘EPOC- PR’), the service providerexecuting authority should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production, in which case the preservation should be continued. The 60 day period is calculated to allow for the launch of an official request. This requicognise the EPOC-PR, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days upon receipt of the EPOC-PR. Within that 10 days period, the executing authority should be able to object to the European Preservation Order and invoke one of the grounds for non-recognition or non-execution provided for in this Regulation, while the service provider should preserve the requested data. Wheres that at least some formal steps have been taken, for example by sending a mutual legal assistance request to translation. Following receipt of that ie executing authority objects, it should inform the issuing authority and the service provider of such decision and the preservation should cease immediately. If the executing authority has not invoked any of the grounds listed in this Regulation within that 10 days period, the service provider to which the order is addressed should continue to preserve the data for a 30 days period, renewable once. If the issuing authority confoirmation, the datas within that 30 days period that the subsequent EPOC has been issued, the service provider should be preserved the data as long as necessary until the data is produced in the framework of a subsequent request for productionfor the execution of the European Production Order. If the preservation is no longer necessary, the issuing authority should inform the addressees without undue delay.
2019/12/11
Committee: LIBE
Amendment 445 #
Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY
Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘content data’ means any stored data in a digital format such as text, voice, videos, images, and sound other than subscriber, access or transactional datathe content stored, transmitted, distributed or exchanged by means of electronic communications services, such as text, voice, videos, images, and sound; where metadata of other electronic communications services or protocols are stored, transmitted, distributed or exchanged by using the respective services, they are to be considered content data for the respective service;
2019/12/11
Committee: LIBE
Amendment 583 #
Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY
Proposal for a regulation
Article 9 – paragraph 1
1. Upon receipt of the EPOC, the addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the lexecuting authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing Statest, within 10 days upon receipt of the EPOC, unless the issuing authority indicates reasons for earlier disclosure.
2019/12/11
Committee: LIBE
Amendment 595 #
Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY
Proposal for a regulation
Article 9 – paragraph 2
2. In emergency cases, the addressee shall transmit the requested data without undue delay, at the lexecuting authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing Statest, within 624 hours upon receipt of the EPOC, while the service provider shall preserve the requested data.
2019/12/11
Committee: LIBE
Amendment 625 #
Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY
Proposal for a regulation
Article 10 – paragraph 1
1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after 60 days, unless the issuing authority confirms that the subsequent request for production has been launchedexecuting authority shall recognise the EPOC-PR, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days of receipt of the EPOC-PR.
2019/12/11
Committee: LIBE
Amendment 640 #
Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY
Proposal for a regulation
Article 10 – paragraph 3
3. If the preservation is no longer necessary, the issuing authority shall inform the addressees without undue delay and the preservation shall cease immediately.
2019/12/11
Committee: LIBE
Amendment 660 #
Evin INCIR, Birgit SIPPEL
Proposal for a regulation
Article 10 a (new)
Article 10 a Grounds for non-recognition or non- execution 1. Without prejudice to Article 1(2), recognition or execution of the EPOC or EPOC-PR shall be refused by the executing authority, where: (a) the execution of the European Production Order or European Preservation Order would be contrary to the principle of ne bis in idem; (b) there are substantial grounds to believe that the execution of the European Production Order or European Preservation Order would be incompatible with Member State's obligations in accordance with Article 6 TEU and the Charter;or (c) there is an immunity, a privilege or rules on determination and limitation of criminal liability relating to freedom of the press and freedom of expression in other media under the law of the executing State, or, where applicable, the affected State, which makes it impossible to execute the European Production Order or European Preservation Order; 2. In addition to paragraph 1, recognition or execution of the EPOC or EPOC-PR may be refused by the executing authority, where: (a) the conditions for issuing a European Production Order or European Preservation Order, as laid down in Articles 5 and 6 of this Regulation, are not fulfilled; (b) the EPOC or the EPOC-PR is incomplete or manifestly incorrect, in form or content, and has not been completed or corrected following the consultations referred to in Article 9 (3)and (4) and Article 10 (4)and (5) of this Regulation; (c) the execution of the European Production Order or European Preservation Order would harm essential national security interests, jeopardise the source of the information or involve the use of classified information relating to the execution of the European specific intelligence activities; (d) the European Production Order or European Preservation Order relates to a criminal offence which is alleged to have been committed outside the territory of the issuing State and the law of the executing State does not allow prosecution for the same offences when committed outside its territory; where the EPOC or the EPOC- PR relates to a criminal offence which is alleged to have been committed wholly or partially on the territory of the executing State; (e) the conduct for which the EPOC or the EPOC-PR has been issued does not constitute an offence under the law of the executing State, unless it concerns an offence listed within the categories of offences set out in Annex IIIa, as indicated by the issuing authority in the EPOC or the EPOC-PR, if it is punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years; (f) the execution of the European Production Order or European Preservation Order is restricted under the law of the executing State to a list or category of offences or to offences punishable by a higher threshold; or (g) compliance with the European Production Order or the European Preservation Order would conflict with applicable laws of a third country that prohibits disclosure of the data concerned in accordance with national law of the executing state. 3. Where it is clear that the person whose data is sought is residing neither in the issuing State nor in the executing State, and the affected authority believes that one of the grounds listed in Article 10a exists, it shall immediately inform the executing authority, based on a reasoned opinion. The executing authority shall take that reasoned opinion duly into account. 4. Points (e) and (f) of paragraph 2 shall not apply to subscriber data and IP addresses. 5. Point (g) of paragraph 1 shall be applied in accordance with the procedure set out in Article 15. 6. Where the European Production Order or European Preservation Order concerns an offence in connection with taxes or duties, customs and exchange, the executing authority shall not refuse recognition or execution on the ground that the law of the executing State does not impose the same kind of tax or duty or does not contain a tax, duty, customs and exchange regulation of the same kind as the law of the issuing State. 7. In the cases referred to in paragraphs 1 and 2 of this Article, before deciding not to recognise or not to execute a European Production Order or European Preservation Order, either in whole or in part, the executing authority shall consult the issuing authority, by any appropriate means, and shall, where appropriate, request the issuing authority to supply any necessary information without delay. 8. In the case referred to in point (c) of paragraph 1 and where power to waive the privilege or immunity lies with an authority of the executing State, the executing authority shall request it to exercise that power forthwith. Where power to waive the privilege or immunity lies with an authority of another State or international organisation, it shall be for the issuing authority to request the authority concerned to exercise that power. 9. The executing authority shall inform the issuing authority about the use of any of the grounds for non-recognition or non-execution as listed in paragraphs 1 and 2 of this Article, by using the form set out in Annex III.
2019/12/11
Committee: LIBE
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