Activities of Jean-Lin LACAPELLE related to 2022/0155(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse
Amendments (50)
Amendment 240 #
Proposal for a regulation
Article premier – paragraph 1 – subparagraph 2 – point b
Article premier – paragraph 1 – subparagraph 2 – point b
(b) obligations on providers of hosting services and providers of interpersonal communication services to detect and report online child sexual abuse;
Amendment 246 #
Proposal for a regulation
Article premier – paragraph 3 – point b a (new)
Article premier – paragraph 3 – point b a (new)
(ba) Regulation (EU) .../... [laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts], in particular Article 5;
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘interpersonal communications service’ means a publicly available service as defined in Article 2, point 5, of Directive (EU) 2018/1972, includingexcept services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service;
Amendment 260 #
Proposal for a regulation
Article 2 – paragraph 1 – point f – point ii
Article 2 – paragraph 1 – point f – point ii
Amendment 267 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘to offer services in the Union’ means to offer services in the Union as defined in Article 2, point (d(1), of Regulation (EU) …/… [2022/1925 on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC];
Amendment 279 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services shall identify, analyse and assess, for each such servcarry out the risk assessment in accordance with Article that they offer,34 of Regulation (EU) 2022/2065 in relation to the risk of use of the service for the purpose of online child sexual abuse.
Amendment 308 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii a (new)
Article 3 – paragraph 2 – point e – point iii a (new)
Amendment 309 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The fact that a provider of interpersonal communications services ensures that interpersonal communications remain confidential or are encrypted cannot be considered a risk factor within the meaning of this Regulation.
Amendment 322 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take the reasonable mitigation measures set out in Article 35 of Regulation (EU) 2022/2065, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:
Amendment 335 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 347 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The requirement that the providers of interpersonal communications services take risk mitigation measures shall in no way constitute a requirement that they access the content of communications or make provision for methods to access these communications or to compromise their encryption.
Amendment 356 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Providers of hosting services and providers of interpersonal communications services shall clearly describe in their terms and conditions the mitigation measures that they have taken. That description shall not include information that may reduce the effectiveness of the mitigation measures, unless the measures impinge on the essence of the service underlying the contract of use, or unless they amend, derogate from or invalidate another clause in the provider's terms and conditions.
Amendment 397 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service.
Amendment 411 #
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 assessment 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 413 #
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 wherehas revealed circumstances pointing to 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 assessment and in order to take into account the opinion of the data protection authority provided in response to the prior consultation;
Amendment 416 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection, adjusted where appropriate, to the competent judicial authority or independent administrative authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.
Amendment 419 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met:
Amendment 423 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b
Article 7 – paragraph 4 – subparagraph 1 – point b
(b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, including all users where the implementation plan would undermine the structure processing the interpersonal communications, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.
Amendment 434 #
Proposal for a regulation
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. As regards detection orders concerning the dissemination of known child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exariste where the following conditions are met:
Amendment 436 #
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material.
Amendment 439 #
Proposal for a regulation
Article 7 – paragraph 6 – introductory part
Article 7 – paragraph 6 – introductory part
6. As regards detection orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exariste where the following conditions are met:
Amendment 441 #
Proposal for a regulation
Article 7 – paragraph 6 – point b
Article 7 – paragraph 6 – point b
(b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material;
Amendment 443 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exariste where the following conditions are met:
Amendment 444 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point c
Article 7 – paragraph 7 – subparagraph 1 – point c
(c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children.
Amendment 447 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof.
Amendment 451 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point b a (new)
Article 7 – paragraph 8 – subparagraph 3 – point b a (new)
(ba) under no circumstances, shall the detection order require providers of interpersonal communications services to access the content of communications or make provision for methods to access these communications or to compromise their encryption;
Amendment 453 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date.
Amendment 460 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include:
Amendment 464 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) identification details of the competent judicial authority or the independent administrative authority issuing the detection order and authentication of the detection order by that judicial or independent administrative authority;
Amendment 473 #
Proposal for a regulation
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
(i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detection order;
Amendment 477 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The competent judicial authority or independent administrative authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
Amendment 489 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Exercising the right to recourse under paragraph 1 shall suspend execution of the detection order.
Amendment 490 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
When the detection order becomes final, the competent judicial authority or independent administrative authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 497 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
In respect of the detection orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection order.
Amendment 499 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.
Amendment 502 #
Proposal for a regulation
Article 10
Article 10
Amendment 509 #
Proposal for a regulation
Article 10 – paragraph 3 – point b a (new)
Article 10 – paragraph 3 – point b a (new)
(ba) respect the confidentiality of communications enshrined in Article 7 of the Charter of Fundamental Rights of the European Union and Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms;
Amendment 527 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
Amendment 534 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where a provider of hosting services or a provider of interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2)competent national law enforcement and judicial authorities.
Amendment 577 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 590 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Coordinating Authorities shall act with complete independence. To that aim, Member States shall ensure, in particular, that theyMember States shall ensure that the Coordinating Authorities:
Amendment 591 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 593 #
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
(d) neither seek nor take instructions from any other public authority or any private party;
Amendment 594 #
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
Amendment 596 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 600 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) the power to require those providers, as well as any other persons acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, to provide such information within a reasonable time period, excluding content protected by confidentiality of correspondence for which authorisation by a judicial authority is required;
Amendment 601 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) the power to carry out on-site inspections of any premises that those providers or the other persons referred to in point (a) use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement of this Regulation in any form, irrespective of the storage medium, excluding content protected by confidentiality of correspondence for which authorisation by a judicial authority is required;
Amendment 607 #
Proposal for a regulation
Article 29 – paragraph 2 – point b – introductory part
Article 29 – paragraph 2 – point b – introductory part
(b) request the competent judicial authority or independent administrative authority of the Member State that designated the Coordinating Authority to order the temporary restriction of access of users of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider on which the infringement takes place, where the Coordinating Authority considers that:
Amendment 614 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. Where national law does not grant a minor the legal capacity to lodge a complaint, his or her legal representative may do so on his or her behalf.
Amendment 618 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Coordinating Authorities shall submit to the EU Centre, without undue delay and through the system established in accordance with Article 39(2), the evidence gathered through the procedures provided for in this Regulation: