4 Amendments of Sophia IN 'T VELD related to 2013/0027(COD)
Amendment 48 #
Proposal for a directive
Recital 24
Recital 24
(24) Those obligations should be extended beyond the electronic communications sector to key providers of information society services, as defined in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services27 , which underpin downstream information society services or on-line activities, such as e- commerce platforms, Internet payment gateways, social networks, search engines, cloud computing services, application stores. Disruption of these enabling information society services prevents the provision of other information society services which rely on them as key inputs. Software developers and hardware manufacturers are noplay an important providers of information society services and are therefore excludedle in safeguarding software and hardware against both intentional and unintentional backdoors, which can have negative impacts on the right to data privacy and network and information security, and should therefore also be included under the scope of this Directive. Those obligations should also be extended to public administrations, and operators of critical infrastructure which rely heavily on information and communications technology and are essential to the maintenance of vital economical or societal functions such as electricity and gas, transport, credit institutions, stock exchange and health. Disruption of those network and information systems would affect the internal market. __________________ 27 OJ L 204, 21.7.1998, p. 37.
Amendment 51 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) The use of both intentional and unintentional backdoors in soft- and hardware used by key providers of information society services is of specific concern. The use of these intentional and unintentional backdoors for the processing of personal data shall be lawful only under legal obligation or legal necessity based on Union or Member State law.
Amendment 92 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Member States shall ensure that the competent authorities shall, in any case, inform the relevant national law enforcement authorities and data protection authorities as soon as the suspicion rises that a national authority of a Member State or a third country: - is the originator of a notified incident; - is the originator of a possible incident as reported on the basis of material published by whistle-blowers, a credible public source, or on the basis of information that has been provided to the competent authority confidentially.
Amendment 93 #
Proposal for a directive
Article 6 – paragraph 5 b (new)
Article 6 – paragraph 5 b (new)
5b. Member States shall ensure that notifications to national law enforcement authorities on the basis of paragraph 5a (new) will automatically lead to the instruction of the Europol Cyber Crime Centre to investigate into the incident, without prejudice to Member States' competence to investigate into the incident.