19 Amendments of Maria-Manuel LEITÃO-MARQUES related to 2022/0155(COD)
Amendment 113 #
Proposal for a regulation
Recital 35
Recital 35
(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted, whom to the vast majority are girls. Victims should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant and age-appropriate information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation.
Amendment 133 #
Proposal for a regulation
Recital 67
Recital 67
(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned. The EU centre shall also provide knowledge, expertise and best practice on preventive measures targeted at abusers.
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;
Amendment 162 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii
Article 3 – paragraph 2 – point e – point ii
(ii) where the service is used by children, the different age groups of the child users and the risk of solicitation of children in relation to those age groups, as well as the risk of adults using the service for the purpose of solicitation of children;
Amendment 184 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk, specific vulnerabilities of children online and offline including age, gender and disability, as well as the provider’s financial and technological capabilities and the number of users;
Amendment 194 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2, 3 and 4, having due regard in particular to relevant technological developments, trends and evidence reported by law enforcement, hotlines, civil society organisations, EIGE and technology companies, in combating child sexual abuse online and in the manners in which the services covered by those provisions are offered and used.
Amendment 200 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessing the software applications not intended for their use or adapted to their safety needs in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;
Amendment 206 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular to relevant technological developments, trends and evidence reported by law enforcement, hotlines, civil society organisations, EIGE and technology companies, in combating child sexual abuse online, and to the manners in which the services covered by those provisions are offered and used.
Amendment 219 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b
Article 7 – paragraph 3 – subparagraph 2 – point b
(b) where the draft implementation plan concerns an intended detection order concerning the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessmentimpact assessments on data protection, gender, and child rights, and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;
Amendment 220 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c
Article 7 – paragraph 3 – subparagraph 2 – point c
(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessments on data protection, gender, and child rights, and in order to take into account the opinion of the data protection authority provided in response to the prior consultation;
Amendment 288 #
Proposal for a regulation
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
(d) establish and operate an accessible, age-appropriate, gender-sensitive, and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner;
Amendment 289 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments, trends and evidence reported by law enforcement, hotlines, civil society organisations, EIGE and technology companies, in combating child sexual abuse online, and the manners in which the services covered by those provisions are offered and used.
Amendment 295 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism with gender and age- appropriate options that allows users to flag to the provider, including anonymously, potential online child sexual abuse on the service.
Amendment 296 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. New possible child sexual abuse material reported by a user shall immediately be assessed to determine the probability that the material represent risk or harm to a child. If the potential online child sexual abuse on the service is flagged by a user known to be a child, the provider shall provide the child with essential information on online safety and specialist child support services, such as helplines and hotlines, in addition to the reporting of the material.
Amendment 320 #
Proposal for a regulation
Article 15 – paragraph 3 – point c a (new)
Article 15 – paragraph 3 – point c a (new)
(ca) if the user is a child, referral to competent national support services and essential information on online safety, in a child-friendly language.
Amendment 417 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
As regards the first subparagraph, point (a), the provider may also preserve the information, including data on gender and age, for the purpose of improving the effectiveness and accuracy of the technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7. However, it shall not store any personal data for that purpose.
Amendment 446 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement. Coordinating Authorities shall establish systematic practises on the exchange of information and best practices related to the prevention and combating of online child sexual abuse and solicitation of children.
Amendment 447 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information, gender and age-disggregated statistics, and expertise and facilitate cooperation and sharing of best practices between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.
Amendment 474 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c a (new)
Article 43 – paragraph 1 – point 6 – point c a (new)
(ca) Establish mechanisms to listen to and incorporate the views of children in its work, in accordance with the UNCRC, the Directive 2012/29/EU and the Charter of Fundamental Rights of the European Union.