Activities of Sophia IN 'T VELD related to 2017/0003(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications)
Amendments (40)
Amendment 355 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where the provider of an electronic communications service, publicly available directory, software provider permitting electronic communications, or person sending commercial direct marketing communications or collecting information related to or stored in end-users' terminal equipment, whenever their activities are targeted to users in the EU, is not established in the Union it shall designate in writing a representative in the Union.
Amendment 383 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) ‘electronic communications metadata’ means all data processed in an electronic communications network for the purposes of transmitting, distributing or exchanging electronic communications content; including data used to trace and identify the source and destination of a communication, data on the location of the device generated in the context of providing electronic communications services, and the date, time, duration and the type of communication;
Amendment 387 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘direct marketing communications’ means any form of advertising, whether written or oral, sent, directed or presented 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, fax machines, etc.;
Amendment 392 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
PROTECTION OF ELECTRONIC COMMUNICATIONS OF NATURAL AND LEGAL PERSONS AND OF INFORMATION STORED INPROCESSED BY AND RELATED TO THEIR TERMINAL EQUIPMENT
Amendment 410 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Confidentiality of electronic communications shall also apply to data related to or processed by terminal equipment and to machine-to-machine communication.
Amendment 417 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of electronic communications networks and services may process electronic communications data only if:
Amendment 423 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) it is strictly necessary to achieve the transmission of the communication, for the duration necessary for that purpose; or
Amendment 429 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is strictly necessary to maintain or restore the security of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 449 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Providers of electronic communications services may process electronic communications metadata only if:
Amendment 456 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it is strictly necessary to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code] or Regulation (EU) 2015/212028 for the duration necessary for that purpose; or _________________ 28 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1–18).
Amendment 460 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it is strictly necessary for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusiveunlawful use of, or subscription to, electronic communications services; or
Amendment 470 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-user or end-users concerned hasve given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including for the provision of specific services to such end- users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous.
Amendment 493 #
Proposal for a regulation
Article 6 – paragraph 3 – point b a (new)
Article 6 – paragraph 3 – point b a (new)
(b a) For the provision of a service explicitly requested by a user of an electronic communications service for their purely individual or individual work- related usage, the provider of the electronic communications service may process electronic communications data solely for the provision of the explicitly requested service and without the consent of all users only where such requested processing produces effects solely in relation to the user who requested the service and does not adversely affect the fundamental rights of another user or users.Such a specific consent by the user shall preclude the provider from processing these data for any other purpose.
Amendment 509 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point (b) of Article 6(2), the relevantstrictly necessary metadata may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law.
Amendment 511 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Protection of information stored in, processed by and related to end-users’ terminal equipment
Amendment 522 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) it is strictly necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network; or
Amendment 550 #
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 outontrolled by the provider of the information society service requested by the end-user.
Amendment 554 #
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) if it is necessary for a security update, provided that: (i) security updates are strictly necessary and do not in any way change the privacy settings chosen by the user; (ii) the user is informed in advance each time an update is being installed;and (iii) the user has the possibility to turn off the automatic installation of these updates;
Amendment 575 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. No one shall be denied access to any information society services or to the functionality of interconnected equipment, regardless of the service concerned being remunerated or not: - on grounds that he or she has not given his or her consent under Article 8(1)(b) to the processing of personal data that is not necessary for the provision of those services;and/ or, - on grounds that he or she has installed software or applications to protect their information and terminal equipment. Processing of data for purposes of providing targeted advertisements cannot be considered as necessary for the performance of a service.
Amendment 590 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
(b) a clear and prominent notice is displayed informing of, at least, the modalities of the collection, its purpose, the person responsible for it and the other information required under Article 13 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collectionthe user has been informed according to Article 13 of Regulation (EU) 2016/679 and has given consent to the collection for a specific purpose.
Amendment 591 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) (a) the purpose of the data collection from the terminal equipment is restricted to mere statistical counting;and (b) the tracking is limited in time and space to the extent strictly necessary for this purpose;and (c) the data will be be deleted or anonymised immediately after the purpose is fulfilled;and (d) the users are informed and given effective opt-out possibilities.
Amendment 600 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information to be provided pursuant to point (b a) of paragraph 2 may be provided in combination with standardized icons in order to give a meaningful overview of the collection for statistical counting in an easily visible, intelligible and clearly legible manner.
Amendment 628 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues. End-users shall be given the possibility to disable the periodic reminder.
Amendment 641 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. SThe default setting of software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties fromnot allow the storing of information on the terminal equipment of an end-user or, the processing of information already stored on that equipment, or sharing of personal data. Such software setting options shall allow end-users to provide or withdraw consent for each distinct category of purposes.
Amendment 658 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installationBefore the first use of the software, 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 settingand the available granular setting options.
Amendment 671 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction fully respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (e) of Regulation (EU) 2016/679 or a monitoring, inspnational security, defence, public security, and the prevention, investigation, detection and prosecution or regulatory function connected to the exercise of official authority for such interestsf criminal offences or of unauthorised use of the electronic communications system.
Amendment 674 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. The Union or Member States shall not impose any obligation on undertakings that would result in the weakening of the security and encryption of their networks and services.
Amendment 675 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of electronic communications services shall establish internal procedures for responding to requests for access to end-users’ electronic communications data based on a legislative measure adopted pursuant to paragraph 1. They shall provide the competent supervisory authority, on demand, witpublish information about those procedures, the number of requests received, the legal justification invoked and their response.
Amendment 705 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. Electronic communications service providers may, on behalf of a specific public directory, ask for the consent of a subscriber to have his personal data included in that public directory.
Amendment 724 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner.
Amendment 727 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Where the personal data of end- users who are natural persons have been included in a publicly available directory before this Regulation enters into force, and where acquiring consent would lay an unreasonable burden on the directory or originating service provider, the personal data of such end-users may remain included in a publicly available directory, including versions with search functions, unless the end-users have expressed their manifest objection against their data being included in the directory or against available search functions related to their data.
Amendment 748 #
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) present the identity of a line on which they can be contacted; orand
Amendment 751 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. The masking of the identity and the use of false identities, false return addresses or numbers while sending unsolicited communications for direct marketing purposes is prohibited.
Amendment 756 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to- voice calls to end-users who are natural persons shall only be allowed in respect of end- users who are natural persons who have not expressed their objection to receiving those communications.
Amendment 757 #
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4 a. Service providers of electronic communications services enabling marketing calls referred to in Article 16(3) shall provide new subscribers with the choice to either accept marketing calls with the designated prefix or to automatically block such calls.
Amendment 761 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner and free of charge, to receiving further marketing communications.
Amendment 775 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
In the case of a particular risk that may compromise the security of networks and, electronic communications services, the provideinformation society services, hardware or sof an electronic communications servicetware, the relevant provider or manufacturer shall inform all end-users concerningof such a risk and, where the risk lies outside the scope of the measures to be taken by the service provider, inform end-ussubscribers of any possible remedies, including an indication of the likely costs involved.
Amendment 792 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to any other administrative or judicial remedy, every end-user of electronic communications services and, where applicable, every body, organization or association, shall have the same remedies provided for in Articles 77, 78, 79 and 7980 of Regulation (EU) 2016/679.
Amendment 795 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. End-users shall have the right to mandate a not-for-profit body, organisation or association to lodge the complaint on their behalf, to exercise the right referred to in paragraphs 1, 1a and 1b of this Article on their behalf, and to exercise the right to receive compensation referred to in Article 22 on their behalf. Such bodies, organisations or associations shall be properly constituted in accordance with the law of the Member State concerned, have statutory objectives which are in the public interest, and be active in the field of the protection of data subjects' rights and freedoms with regard to the protection of their personal data and the protection of privacy.
Amendment 796 #
Proposal for a regulation
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2 b. Independently of an end-user's mandate, a body, organisation or association has the right to lodge a complaint with the supervisory authority which is competent pursuant to paragraph 1 and to exercise the rights referred to in paragraphs 1a and 1b if it considers that the rights of the end-user under this Regulation have been infringed.