Activities of Marju LAURISTIN related to 2017/0003(COD)
Plenary speeches (1)
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) (A8-0324/2017 - Marju Lauristin) (vote)
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) PDF (1 MB) DOC (310 KB)
Amendments (19)
Amendment 198 #
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services, including. It should not prohibit the processing of electronic communications data by public authorities, computer emergency response teams (CERTs), computer security incident response teams (CSIRTs), providers of electronic communications networks and services and by certified providers of security technologies and services, in compliance with Regulation 2016/679 and to the extent strictly necessary and proportionate for the sole purposes of ensuring network and information security, i.e. preservation of availability, integrity and confidentiality of information, and ensuring the security of the related services offered by, or accessible via, those networks and systems. This could, for example, include preventing unauthorised access to electronic communications networks and malicious code distribution and stopping ‘denial of service’ attacks and damage to computer and electronic communication systems, checking security threats such as the presence of malware, spam or to check against DDoS attacks, or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 285 #
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent before their personal data are included in a directory. The legitimate interest of legal entities requires that end- users that are legal entities have the right to object to the data related to them being included in a directory. Natural persons who act with commercial intent, such as freelancers, small traders or self- employed persons, should be equated to legal persons.
Amendment 293 #
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural personusers give their consent to their data being included in such directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, e-mail address, home address, user name, phone number). In addition, providers of publicly available directories or the electronic communication service providers should inform the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-uUsers should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same.
Amendment 495 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Without prejudice to paragraphs 1, 2 and 3, neither providers of the electronic communications services, nor any other party, shall process electronic communications data collected on the basis of this Regulation, for further processing.
Amendment 542 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is technically necessary for web audience measuring of the information society service requested by the user, provided that such measurement is carried out by the provider of the information society service requested by the end-, or on behalf of the provider, or by an independent web analytics organization acting in the public interest or for statistical or scientific purpose; and further provided that no personal data is made accessible to any other party and that such web audience measurement does not adversely affect the fundamental rights of the user.;
Amendment 642 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. 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 from storing information on the terminal equipment of an end-user or processing information already stored on that equipment.:
Amendment 645 #
Proposal for a regulation
Article 10 – paragraph 1 – point a (new)
Article 10 – paragraph 1 – point a (new)
(a) by default, offer privacy protective settings to prevent other parties from storing information on the terminal equipment of a user and from processing information already stored on that equipment, except for the purposes laid down by Article 8 paragraph (1), points (a), (c) and (d);
Amendment 646 #
Proposal for a regulation
Article 10 – paragraph 1 – point b (new)
Article 10 – paragraph 1 – point b (new)
(b) offer the option to prevent other parties from processing information already stored on the terminal equipment for the purposes laid down by Article 8, paragraph (1), points (a), (c) and (d).
Amendment 647 #
Proposal for a regulation
Article 10 – paragraph 1 – point c (new)
Article 10 – paragraph 1 – point c (new)
(c) upon installation, inform and offer the user the possibility to change or confirm the privacy settings options defined in point (a) by requiring the user's consent to a setting;
Amendment 648 #
Proposal for a regulation
Article 10 – paragraph 1 – point d (new)
Article 10 – paragraph 1 – point d (new)
(d) make the setting defined in points (a) and (c) easily accessible during the use of the software;and
Amendment 649 #
Proposal for a regulation
Article 10 – paragraph 1 – point e (new)
Article 10 – paragraph 1 – point e (new)
(e) offer the user the possibility to express specific consent through the settings after the installation of the software.
Amendment 650 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. For the purpose of point (e) of paragraph 1, the settings shall include a signal which is sent to the other parties to inform them about the user's privacy settings.These settings shall be binding on, and enforceable against, any other party.
Amendment 651 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 697 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories or the electronic communication services providers shall obtain the consent of end- users who are natural persons to include their personal data in the directory and, consequently, shall obtain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. P. Electronic communication service providers shall give end-users who are natural persons the means to verify, correct and delete such datathe means to verify, correct, update, complete and delete such data. When electronic communication service providers obtain consent of users, they shall make users' data available for public directory providers in an immediate, non- discriminatory and fair manner.
Amendment 711 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directoryies shall inform end-users who are natural personusers whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enabling such search functions related to their own data. The electronic communication service providers shall inform users if new search functions are enabled.
Amendment 719 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directorieelectronic communication service providers shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Electronic communication service Providers shall give such end-users that are legal persons the means to verify, correct and delete such data. Users who act with commercial intent shall be equated to legal persons.
Amendment 728 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Where the personal data of the users of number- based interpersonal communications services have been included in a publicly available directory before this Regulation enters into force, the personal data of such users may remain included in a publicly available directory, including versions with search functions, unless the users have expressed their objection against their data being included in the directory or against available search functions related to their data.
Amendment 734 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NThe use by natural or legal persons may useof electronic communications services, including automated calling, communications systems, semi-automated systems that connect the call person to an individual, faxes, e-mail or other use of electronic communications services for the purposes of presendting unsolicited or direct marketing communications to end- users who are natural persons that, shall be allowed only in respect of end-users who have given their prior consent.
Amendment 755 #
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. Member States shall provide that users can object to receiving the direct marketing voice-to-voice calls via a national Do Not Call Register, thereby also ensuring that the user needs to opt- out only once.