4 Amendments of Michael CASHMAN related to 2007/0248(COD)
Amendment 39 #
Proposal for a directive – amending act
Recital 30 a (new)
Recital 30 a (new)
(30a) When implementing the measures transposing the Directive the authorities and courts of the Member States must not only interpret their national law in a manner consistent with this Directive but also make sure that they do not rely on an interpretation of the Directive which would be in conflict with fundamental rights or with other general principles of Community law such as the principle of proportionality.
Amendment 52 #
Proposal for a directive – amending act
Article 2 - point -1 c (new)
Article 2 - point -1 c (new)
Directive 2002/58/EC
Article 2 - point (d)
Article 2 - point (d)
(-1c) Article 2(d) shall be replaced by the following: (d) "communication" means any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of any communication to the public over an electronic communications network, including broadcasting, except to the extent that the information can be related to the identifiable subscriber or user receiving the solicited and lawfully communicated information;
Amendment 66 #
Proposal for a directive – amending act
Article 2 - point 4-3 (new)
Article 2 - point 4-3 (new)
Directive 2002/58/EC
Article 5 - paragraph 3
Article 5 - paragraph 3
(-3) Article 5(1) shall be replaced by the following: 1. Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, without the consent of the users concerned, except when legally authorised to do so in accordance with Article 15(1) and Article 13(1) of Directive 95/46/EC. This paragraph shall not prevent technical storage which is necessary for the conveyance of a communication without prejudice to the principle of confidentiality.
Amendment 78 #
Proposal for a directive – amending act
Article 2 - point -7 a (new)
Article 2 - point -7 a (new)
Directive 2002/58/EC
Article 15 - paragraph 1
Article 15 - paragraph 1
(-7a) In Article 15, paragraph 1 shall be replaced by the following: 1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, the prevention, investigation, detection and prosecution of criminal offences, of unauthorised use of the electronic communication system, or the protection of rights and freedom of others, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.