5 Amendments of Birgit SIPPEL related to 2022/0277(COD)
Amendment 346 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements that enablesurveillance technology’ means any digital, mechanical or other instrument that enables the acquisition of information and the covert surveillance of natural or legal persons by intercepting, monitoring, extracting, collecting or analysing data from such products or from theof any information and communication technology or of natural or legal persons using such productsit, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user deviceterminal equipments, without the natural or legal person concerned being made aware in a specific manner and having given their express specific consentconsent as defined under Article 7 of Regulation (EU) 2016/679 in that regard;
Amendment 371 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States and private entities shall respect effective editorial freedom of media service providers. Member States, including their national regulatory authorities and bodies, as well as private entities, shall not:
Amendment 388 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) order to disclose, detain, sanction, intercept, subject to surveillance monitor, search and seizure, or inspect media service providers or, if applicable their employees, their family members, family members of their employees or any otheir family membersperson professionally or privately associated with them, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter and in compliance with o or with the aim of coercing the disclosure of information about their Union lawsources;
Amendment 395 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware in any device or machine used by mediameasures for surveillance and the use of seurvice providerseillance technologies, or, if applicable, their family members, or their employees or their family members, unless the deployment is justified, onnstruct private entities to use surveillance technologies, as well as case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charteoerce, create, or force access to encrypted or non-encrypted communications and information in any item, device or machine used by media service providers or their employees, their family members, the family members of their employees, or and y other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information soughtperson professionally or privately associated with them.
Amendment 407 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body to handle complaints lodged by media service providers or, if applicable their employees, their family members, their family members, of their employees, or any otheir family members,person professionally or privately associated with them regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c).