Activities of Jean-Marie CAVADA related to 2017/0003(COD)
Legal basis opinions (0)
Amendments (40)
Amendment 48 #
Proposal for a regulation
Recital 2
Recital 2
(2) The content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication, from personal experiences and emotions to medical conditions, sexual preferences and political views, the disclosure of which could result in personal and social harm, economic loss or embarrassment. Similarly, metadata derived from electronic communications may also reveal very sensitive and personal information. These metadata includes the numbers called, the websites visited, geographical location, the time, date and duration when an individual made a call etc., allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication, such as their social relationships, their habits and activities of everyday life, their interests, tastes etc. The protection of confidentiality of communications is one of the essential conditions for respect for fundamental rights and freedoms, along with the freedoms of conscience, religion and expression.
Amendment 99 #
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website or any other digital medium. Information society providers that engage in configuration checking to provide the service in compliance with the end-user's settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities.
Amendment 109 #
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’). Such privacy settings should differentiate between the cookies of third parties having a contractual relationship with the website providers and other third-party cookies. Such privacy settings should be presented in a an easily visible and intelligible manner.
Amendment 112 #
Proposal for a regulation
Recital 24
Recital 24
(24) For web browsers to be able to obtain end-users’ consent as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking cookies, they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ‘accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade end-users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer, including the compilation of long-term records of individuals' browsing histories and the use of such records to send targeted advertising. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites, upon a specific request, or to specify for which websites (third) party cookies are always or never allowed.
Amendment 130 #
Proposal for a regulation
Recital 40
Recital 40
(40) In order to strengthen the enforcement of the rules of this Regulation, each supervisory authority should have the power to impose penalties including administrative fines for any infringement of this Regulation, in addition to, or instead of any other appropriate measures pursuant to this Regulation. This Regulation should indicate infringements and the upper limit and criteria for setting the related administrative fines, which should be determined by the competent supervisory authority in each individual case, taking into account all relevant circumstances of the specific situation, with due regard in particular to the nature, gravity and duration of the infringement and of its consequences and the measures taken to ensure compliance with the obligations under this Regulation and to prevent or mitigate the consequences of the infringement. For the purpose of setting a fine under this Regulation, an undertaking should be understood to be an undertaking in accordance with Articles 101 and 102 of the Treaty. It should not be permitted to impose double penalties resulting from the violation of both Regulation (EU) 2016/279 and this Regulation.
Amendment 157 #
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent beforehave the possibility of objecting to their personal data arebeing included in a directory. The legitimate interest of legal entities requires that end-users that are legal entities have the right to object to the data related to them being included in a directory.
Amendment 160 #
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consendo not object to their data being included in such directories, they should be able to determine on a consentmake an objection on basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should informprovide accessible information to the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consenobject on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user's contact details can be searched should not necessarily be the same.
Amendment 176 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘direct marketing communications’ means any form of advertisingcommercial communication, whether written or oral, sent to one or more identified or identifiable end-users of electronic communications services, including the use of automated calling and communication systems with or without human interaction, electronic mail, SMS, etc.;
Amendment 268 #
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, other than by the end-user concerned shall be prohibited, unless the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except on the following grounds:
Amendment 286 #
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent beforehave the possibility of objecting to their personal data arebeing included in a directory. The legitimate interest of legal entities requires that end-users that are legal entities have the right to object to the data related to them being included in a directory.
Amendment 289 #
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consendo not object to their data being included in such directories, they should be able to determine on a consentmake an objection on basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should informprovide accessible information to the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consenobject on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same.
Amendment 296 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuringement, provided that such measurement is carried out by the provider of the information society service requested by the end-userinternet service provider requested by the end-user or on his behalf in accordance with the rules laid down in the Regulation on the protection of personal data (2016/679).
Amendment 302 #
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) where the processing is strictly limited to anonymised or pseudonymised data and the entity concerned undertakes to comply with specific guarantees concerning protection of privacy; or
Amendment 305 #
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(db) if this is useful for the personalisation of electronic communication services provided to end- users.
Amendment 330 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user especially in order to secure the integrity, security and access of the information society service, to enhance user experience or for measures to protect against unauthorised use or access to the information society services in agreement with the terms of use for making available the service to the end-user; or
Amendment 338 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user.ement, including measurement with the purposes of determining collective rights, remuneration or other payment systems or
Amendment 338 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7(1), (2) and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 342 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, in particular for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet or by continuing to use an information society service, having received clear and complete information ensuring that the end-user has given consent.
Amendment 378 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a This software must ensure that the consent given by an end-user in accordance with point (b) of Article 8(1) takes precedence over the parameters chosen when the software was installed. The software must not block data processing which is legally authorised in accordance with Article 8(1)(a), (b), (c) or (d) or (2)(a), whatever the browser settings.
Amendment 385 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7Article 7 (1), (2), and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 393 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet or by the continued use of the information society service after having been provided with accessible and comprehensive information about this action of the end-user.
Amendment 402 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consentoperators of electronic information, communications and telecommunications services shall collect the data of end- users who are natural persons to include their personal data in the directory and, consequently, shall obtain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providepublicly accessible directories. They shall give end-users who are natural persons the right to object to data related to them being included in directories. Operators shall give end-users who are natural persons the meanspossibility to verify, correct and delete such data.
Amendment 406 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end-users who are natural persons that have given their consent, or where the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.
Amendment 414 #
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 may be used for direct marketing of its own similar products or services 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 439 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsiblEach Member State shall provide that one for monitoring the application of Regulation (EU) 2016/679 shall also bre independent public authorities are responsible for monitoring the application of this Regulation. Chapters VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandito those authorities. The tasks and powers of the supervisory authorities shall be exercised with regard to end-users.
Amendment 440 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. TEach supervisory authority shall contribute to the consistent application of this Regulation throughout the Union. To that end, the supervisory authority or authorities referred to in paragraph 1 shall cooperate whenever appropriate with national regulatory authorities established pursuant to the [Directive Establishing the European Electronic Communications Code] and the national authorities responsible for monitoring the implementation of consumer protection legislation (CPC Regulation).
Amendment 447 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consent ofoperators of electronic communication shall provide the option to end- users who are natural persons to includeobject to their personal data being included in the directory and, consequently, shall obtain consent from these end-users forprovide to these end-users the option to object to the inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 453 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall informprovide accessible and intelligible information to end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enablingprovide the end-users' the option to disable such search functions related to their own data.
Amendment 454 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publiclyoperators of electronic communication services available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. ProvideThe operators shall give such end-users that are legal persons the means to verify, correct and delete such data. Natural persons who act for a commercial or economic purpose, such as freelancers, one-man businesses and individual professionals shall be considered legal persons.
Amendment 497 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall alsoEach member state shall determine which relevant supervisory authority should be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-users.
Amendment 533 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user especially in order to secure the integrity, security and access of the information society service, to enhance user experience or for measures to protect against unauthorised use or access to the information society services in agreement with the terms of use for making available the service to the end-user; or
Amendment 551 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user.ement, including measurement with the purposes of determining collective rights, remuneration or other payment systems or
Amendment 611 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7Article 7 (1), (2), and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 625 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet or by the continued use of the information society service after having been provided with accessible and comprehensive information about this action of the end-user.
Amendment 656 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting.Such software shall ensure that a consent given by an end user under Article 8 (1) point (b) prevails over the privacy settings chosen at the installation of the software.
Amendment 662 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The software shall not block data processing wich is legally allowed to Art. 8 (1) a), c) or d) or (2) a), irrespective of the browser settings.
Amendment 700 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consent ofoperators of electronic communication shall provide the option to end- users who are natural persons to includeobject to their personal data being included in the directory and, consequently, shall obtain consent from these end-users forprovide to these end-users the option to object to the inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 708 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall informprovide accessible and intelligible information to end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enablingprovide the end-users' the option to disable such search functions related to their own data.
Amendment 714 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publiclyoperators of electronic communication services available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. ProvideThe operators shall give such end-users that are legal persons the means to verify, correct and delete such data. Natural persons who act for a commercial or economic purpose, such as freelancers, one-man businesses and individual professionals shall be considered legal persons
Amendment 785 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall alsoEach member state shall determine which relevant supervisory authority should be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-users.