[ParlTrack]

Birgit SIPPEL, Marina KALJURAND, Evin INCIR, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Recital 11 a (new)

(11 a) The respect for private and family life and the protection of natural persons regarding the processing of personal data are fundamental rights. In accordance with Articles 7 and 8(1) of the Charter and Article 16(1) of the TFEU, everyone has the right to respect for his or her private and family life, home and communications and to the protection of personal data concerning them. When implementing this Regulation, Member States should ensure that privacy and personal data are protected and processed only in accordance with Regulation (EU) 2016/679, Directive (EU) 2016/680 and Directive 2002/58/EC.

2019/12/11
Committee: LIBE

Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Recital 40

(40) ~~The requested data should be transmitted to the authorities at the latest within 10 days upon receipt of the EPOC. Shorter time lim~~Upon receipt of the European Production Order Certificate (EPOC), the executing authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary, and ensure its execution in an identical manner and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days upon receipt of the EPOC. Within that period of 10 days, the executing authoritsy should be respected by the provider in emergency cases and if the issuing authority indicates other reasons to depart from the 10 day deadline. In addition to the imminent danger of the deletion of the requested data, such reasons could include circumstances that are related toable to object to the European Production Order and invoke one of the grounds for non- recognition or non-execution provided for in this Regulation, while the service provider should preserve the requested data. Where the executing authority objects, it should inform the issuing authority, the service provider and, where applicable, the affected authority of such decision. If the executing authority has not invoked any o~~ngoing investigation, for example where the requested data is associated to other urgent investigative mea~~f the grounds listed in this Regulation within that 10 days period, the service provider to which the order is addressed should be required to immediately ensures that ~~cannot be conducted without~~the requested data is transmitted directly to the missuing ~~data or are otherwise dependent on it~~authority or to the law enforcement authorities as indicated in the EPOC.

2019/12/11
Committee: LIBE

Birgit SIPPEL, Marina KALJURAND, Evin INCIR, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Recital 40 a (new)

(40 a) In emergency cases, the executing authority should recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 24 hours upon receipt of the EPOC, while the service provider should preserve the requested data. If the executing authority has not invoked any of the grounds listed in this Regulation within that 24 hours period, the service provider to which the order is addressed should immediately ensure that the requested data is transmitted directly to the issuing authority or to the law enforcement authorities as indicated in the EPOC.

2019/12/11
Committee: LIBE

Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Recital 42

(42) Upon receipt of a European Preservation Order Certificate (‘EPOC- PR’), the ~~service provider~~executing authority should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production, in which case the preservation should be continued. The 60 day period is calculated to allow for the launch of an official request. This requicognise the EPOC-PR, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days upon receipt of the EPOC-PR. Within that 10 days period, the executing authority should be able to object to the European Preservation Order and invoke one of the grounds for non-recognition or non-execution provided for in this Regulation, while the service provider should preserve the requested data. Wheres th~~at at least some formal steps have been taken, for example by sending a mutual legal assistance request to translation. Following receipt of that i~~e executing authority objects, it should inform the issuing authority and the service provider of such decision and the preservation should cease immediately. If the executing authority has not invoked any of the grounds listed in this Regulation within that 10 days period, the service provider to which the order is addressed should continue to preserve the data for a 30 days period, renewable once. If the issuing authority confoirm~~ation, the data~~s within that 30 days period that the subsequent EPOC has been issued, the service provider should be preserved the data as long as necessary ~~until the data is produced in the framework of a subsequent request for production~~for the execution of the European Production Order. If the preservation is no longer necessary, the issuing authority should inform the addressees without undue delay.

2019/12/11
Committee: LIBE

Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) ‘content data’ means ~~any stored data in a digital format such as text, voice, videos, images, and sound other than subscriber, access or transactional data~~the content stored, transmitted, distributed or exchanged by means of electronic communications services, such as text, voice, videos, images, and sound; where metadata of other electronic communications services or protocols are stored, transmitted, distributed or exchanged by using the respective services, they are to be considered content data for the respective service;

2019/12/11
Committee: LIBE

Birgit SIPPEL, Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 5 – paragraph 4 – introductory part

4. European Production Orders to produce tra~~nsactional~~ffic data or content data may only be issued for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least 5 years, except for IP addresses.

2019/12/11
Committee: LIBE

Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 9 – paragraph 1

1. Upon receipt of the EPOC, the ~~addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the l~~executing authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing Statest, within 10 days upon receipt of the EPOC~~, unless the issuing authority indicates reasons for earlier disclosure~~.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES

Proposal for a regulation
Article 9 – paragraph 1 a (new)

1 a. Within the period of 10 days referred to in paragraph 1, while the service provider shall preserve the requested data, the executing authority may object to the EPOC and invoke one of the grounds for non-recognition or non-execution provided for in Article 10a. In that case, it shall inform the issuing authority, the service provider and, where applicable, the affected authority of such decision.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES

Proposal for a regulation
Article 9 – paragraph 1 b (new)

1 b. If the executing authority has not invoked any of the grounds listed in Article 10a within the 10-day period, the service provider to which the order is addressed shall ensure that the requested data is immediately transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC.

2019/12/11
Committee: LIBE

Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 9 – paragraph 2

2. In emergency cases, the ~~addressee shall transmit the requested data without undue delay, at the l~~executing authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing Statest, within 624 hours upon receipt of the EPOC, while the service provider shall preserve the requested data.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES

Proposal for a regulation
Article 9 – paragraph 2 a (new)

2 a. If the executing authority has not invoked any of the grounds listed in Article 10a within the 24-hour period referred to in paragraph 2, the addressed service provider shall ensure that the requested data is immediately transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES

Proposal for a regulation
Article 9 – paragraph 2 b (new)

2 b. Where it is clear that the person whose data is sought is residing neither in the issuing State nor in the executing State, and the affected authority believes that one of the grounds for non- recognition or non-execution listed in Article 10a exists, it shall immediately inform the executing authority, based on a reasoned opinion. The executing authority shall take this reasoned opinion duly into account.

2019/12/11
Committee: LIBE

Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 10 – paragraph 1

1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after 60 days, unless the issuing authority confirms that the subsequent request for production has been launchedexecuting authority shall recognise the EPOC-PR, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days of receipt of the EPOC-PR.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES

Proposal for a regulation
Article 10 – paragraph 1 a (new)

1 a. Within the 10-day period referred to in paragraph 1, while the service provider shall preserve the requested data, the executing authority may object to the EPOC-PR and invoke one of the grounds for non-recognition or non-execution provided for in Article 10a. In that case, it shall inform the issuing authority and the service provider of such decision and the preservation shall cease immediately.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES

Proposal for a regulation
Article 10 – paragraph 1 b (new)

1 b. If the executing authority has not invoked any of the grounds listed in Article 10a within the 10 days period, the service provider to which the order is addressed shall continue to preserve the data for a period of 30 days, renewable once.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES

Proposal for a regulation
Article 10 – paragraph 2

2. If the issuing authority confirms within the ~~time~~30-day period ~~set out~~referred to in paragraph 1b that the subsequent ~~request for p~~European Production Order has been ~~launch~~issued, the ~~addressee~~service provider shall preserve the data as long as necessary ~~to produce the data once the subsequent request for production is served~~for the execution of that European Production Order pursuant to Article 9.

2019/12/11
Committee: LIBE

Birgit SIPPEL, Evin INCIR, Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 10 – paragraph 3

3. If the preservation is no longer necessary, the issuing authority shall inform the addressees without undue delay and the preservation shall cease immediately.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES, Katarina BARLEY

Article 10 a Grounds for non-recognition or non- execution 1. Without prejudice to Article 1(2), recognition or execution of the EPOC or EPOC-PR shall be refused by the executing authority, where: (a) the execution of the European Production Order or European Preservation Order would be contrary to the principle of ne bis in idem; (b) there are substantial grounds to believe that the execution of the European Production Order or European Preservation Order would be incompatible with Member State's obligations in accordance with Article 6 TEU and the Charter; or (c) there is an immunity or a privilege under the law of the executing State, or, where applicable, the affected State; 2. In addition to paragraph 1, recognition or execution of the EPOC or EPOC-PR may be refused by the executing authority, where: (a) the conditions for issuing a European Production Order or European Preservation Order, as laid down in Articles 5 and 6 of this Regulation are not fulfilled; (b) the EPOC or the EPOC-PR is incomplete or manifestly incorrect, inform or content, and has not been completed or corrected following the consultations referred to in Article 9 (3)and (4) and Article 10 (4) and (5) of this Regulation; (c) the execution of the European Production Order or European Preservation Order would harm essential national security interests, jeopardise the source of the information or involve the use of classified information relating to specific intelligence activities; (d) the European Production Order or European Preservation Order relates to a criminal offence which is alleged to have been committed outside the territory of the issuing State and the law of the executing State does not allow prosecution for the same offences when committed outside its territory; or EPOC or the EPOC-PR relates to a criminal offence which is alleged to have been committed wholly or partially on the territory of the executing State; (e) the conduct for which the EPOC or the EPOC-PR has been issued does not constitute an offence under the law of the executing State, unless it concerns an offence listed within the categories of offences set out in Annex IIIa, as indicated by the issuing authority in the EPOC or the EPOC-PR, if it is punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years; (f) the execution of the European Production Order or European Preservation Order is restricted under the law of the executing State to a list or category of offences or to offences punishable by a higher threshold; or (g) compliance with the European Production Order or the European Preservation Order would conflict with applicable laws of a third country that prohibits disclosure of the data concerned in accordance with national law of the executing state. 3. Where it is clear that the person whose data is sought is residing neither in the issuing State nor in the executing State, and the affected authority believes that one of the grounds listed in Article 10a exists, it shall immediately inform the executing authority, based on a reasoned opinion. The executing authority shall take that reasoned opinion duly into account. 4. Points (e) and (f) of paragraph 2 shall not apply to subscriber data and IP addresses. 5. Point (g) of paragraph 1 shall be applied in accordance with the procedure set out in Article 15. 6. Where the European Production Order or European Preservation Order concerns an offence in connection with taxes or duties, customs and exchange, the executing authority shall not refuse recognition or execution on the ground that the law of the executing State does not impose the same kind of tax or duty or does not contain a tax, duty, customs and exchange regulation of the same kind as the law of the issuing State. 7. In the cases referred to in paragraphs 1 and 2 of this Article, before deciding not to recognise or not to execute a European Production Order or European Preservation Order, either in whole or in part ,the executing authority shall consult the issuing authority, by any appropriate means, and shall, where appropriate, request the issuing authority to supply any necessary information without delay. 8. In the case referred to in point (c) of paragraph 1, and where power to waive the privilege or immunity lies with an authority of the executing State, the executing authority shall request it to exercise that power forthwith. Where power to waive the privilege or immunity lies with an authority of another State or international organisation, it shall be for the issuing authority to request the authority concerned to exercise that power. 9. The executing authority shall inform the issuing authority about the use of any of the grounds for non-recognition or non-execution as listed in paragraphs 1and 2 of this Article, by using the form set out in Annex III.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 11 – title

~~Confidentiality and user information~~User information and confidentiality

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 11 – paragraph 1

1. AThe addressees ~~and, if different, service providers~~shall inform the person whose data is being sought, without undue delay. When informing the person, the addressees shall include information about any available remedies as referred to in Article 17 and shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC- PR and of the data produced or preserved ~~and where requested by the issuing authority, shall refrain from informing the person whose data is being sought in order not to obstruct the relevant criminal proceedings~~.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1 a. Upon a duly justified request by the issuing authority, based on a court order, addressees shall refrain from informing the person whose data is being sought, in order not to obstruct the relevant criminal proceedings.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 11 – paragraph 2

2. Where the issuing authority requested the addressees to refrain from informing the person whose data is being sought, upon a duly justified request, based on a court order, the issuing authority shall inform the person whose data is being sought by the EPOC or the EPOC-PR without undue delay about the data production or preservation. This information may be delayed as long as necessary and proportionate to avoid obstructing the relevant criminal proceedings, taking into account the rights of the suspected and accused person and without prejudice to defence rights and effective legal remedies.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 11 a (new)

Article 11 a Limitations to the use of information obtained Electronic information which has been produced or preserved by an EPOC or EPOC-PR shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES

Proposal for a regulation
Article 11 b (new)

Article 11 b Admissibility and erasure of electronic information 1. Electronic information that has been gathered in breach of this Regulation shall not be admissible before a court and shall immediately be erased. 2. Electronic information that is no longer necessary for the investigation or prosecution for which it was produced or preserved, shall immediately be erased. For this, Member States shall provide for appropriate time limits to be established for the erasure of electronic information produced or preserved or for a periodic review of the need of the storage of the electronic information. Procedural measures shall ensure that those time limits are observed. 3. The affected person shall be informed about the erasure.

2019/12/11
Committee: LIBE

Marina KALJURAND, Claude MORAES, Katarina BARLEY

Proposal for a regulation
Article 14 a (new)

Article 14 a Review procedure in case of conflicting obligations with third country law 1. Where the executing authority, either on its own or at the request of the service provider or, where applicable, based on a justified opinion from the affected authority, considers that compliance with the European Production Order or the European Preservation Order would conflict with applicable laws of a third country prohibiting disclosure of the data concerned, it shall inform the issuing authority within 10 days from the receipt of the order. 2. Such notice shall include all relevant details on the law of the third country, its applicability to the case at hand and the nature of the conflicting obligation. 3. The issuing authority shall review the European Production Order or the European Preservation Order and inform the addressees, within 10 days after receiving the notice, on the basis of the following criteria: (a) the interests protected by the relevant law of the third country, including fundamental rights as well as other interests preventing disclosure of the data, in particular national security interests of the third country; (b) the degree of connection of the criminal case for which the Order was issued to the jurisdiction of the issuing State and the third country, as indicated inter alia by: (i) the location, nationality and residence of the person whose data is being sought and/or of the victim(s); (ii) the place where the criminal offence in question was committed; (c) the degree of connection between the service provider and the third country in question; the data storage location by itself shall not suffice in establishing a substantial degree of connection; (d) the interests of the issuing State in obtaining the electronic information concerned, based on the seriousness of the offence and the importance of obtaining the electronic information in an expeditious manner; (e) the possible consequences for the addressees of complying with the European Production Order or the European Preservation Order, including the sanctions that may be imposed against the service providers. 4. Within 10 days after receiving the notice, the issuing authority may withdraw, uphold or adapt the Order where necessary, to give effect to these criteria. To this end, the issuing authority may seek information from the competent authority of the third country, in compliance with Directive (EU) 2016/680, to the extent that this does not obstruct the deadlines provided for in this Regulation. In the event of withdrawal, the issuing authority shall immediately inform the addressees of the withdrawal. 5. Where the issuing authority decides to uphold the Order, it shall inform the addressees of its decision. The executing authority, while duly taking into account the decision of the issuing authority, shall take a final decision based on the criteria listed in paragraph 3, within 10 days after receiving the decision of the issuing authority, and inform the issuing authority, the service provider and, where applicable, the affected State of its final decision. The executing authority may seek information from the competent authority of the third country, in compliance with Directive (EU) 2016/680,t o the extent that this does not obstruct the deadlines provided in this Regulation. 6. For the duration of the procedure referred to in Article 14a , the service provider shall preserve the data requested.

2019/12/11
Committee: LIBE

25 Amendments of Claude MORAES related to 2018/0108(COD)

ParlTrack - 2011-2024