Activities of Axel VOSS related to 2010/0273(COD)
Legal basis opinions (0)
Amendments (5)
Amendment 43 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) There should be no mandatory requirement to impose a penalty in cases deemed to be ‘minor’. A case may be considered as ‘minor’, for example, when the damage caused by the offence, and/or the risk it carries to public or private interests, such as to the integrity of an information system or computer data, or to a person's integrity, rights and other interests, is insignificant or is of such a nature that the imposition of a criminal penalty within the legal threshold or the imposition of criminal liability is not necessary;
Amendment 81 #
Proposal for a directive
Article 2 – point d a (new)
Article 2 – point d a (new)
(da) ‘minor case’ means a case where the offence itself is deemed to be minor, there is no pressing need to prosecute in the public interest and the consequences of the offence are negligible;
Amendment 82 #
Proposal for a directive
Article 2 – point d b (new)
Article 2 – point d b (new)
(db) ‘interception’ means listening to, monitoring or surveillance of the content of communications and the procuring of the content of data either directly or indirectly through the use of electronic eavesdropping or tapping devices by technical means.
Amendment 90 #
Proposal for a directive
Article 6
Article 6
Member States shall take the necessary measures to ensure that the intentional interception by technical means, of non- public transmissions of computer data to, from or within a information system, including electromagnetic emissions from an information system carrying such computer data, is punishable as a criminal offence when committed without right, at least in cases which are not minor. Interception may also involve recording. Data transmissions comprise the period taken to transfer the data, by cable or by wireless, between the time it is transmitted by the sender and the time it reaches the recipient. Technical means include technical devices fixed to transmission lines as well as devices to collect and record wireless communications, including the use of software, passwords and codes.
Amendment 122 #
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) by one of their nationals or a person with habitual residence in the territory of the Member State concerned; or