[ParlTrack]

Proposal for a regulation
Recital 1

Regulation (EU) 2021/1232 was intended to function as a bridge between the entry into application of Directive (EU) 2018/1972, bringing number-independent interpersonal communications services within the scope of Directive 2002/58/EC from on 21 December 2020, and the entry into application of a permanent Regulation laying down rules to prevent and combat child sexual abuse. Considering that no such Regulation has yet been agreed, Regulation (EU) 2021/1232 should be prolonged. However, as an exceptional measure, this derogation should not become a de facto permanent system. Therefore, this prolongation should be limited in time, and co-legislators should agree as soon as possible on the permanent Regulation. Regulation (EU) 2021/1232 should be prolonged until 3 May 2025, but should not be prolonged for a second time.

2024/01/23
Committee: LIBE

Jana TOOM

Proposal for a regulation
Recital 2

The Report from the European Commission on the implementation of Regulation (EU) 2021/1232 (COM(2023) 797 final) does not provide data on detecting solicitation of children via text detection under the scope of the derogation provided by this Regulation. Considering the unproven effectiveness of Regulation (EU) 2021/1232 regarding the solicitation of children, but at the same time the impact on the confidentiality of communications as provided by Directive 2002/58/EC, child solicitation should be taken out of the scope of Regulation (EU) 2021/1232. However, in order to prevent solicitation of children, providers of number-independent interpersonal communications services can and are encouraged to take mitigation measures, which do not interfere with Directive 2002/58/EC.

2024/01/23
Committee: LIBE

Sophia IN 'T VELD, Jana TOOM

Proposal for a regulation
Article -1 (new)

Regulation (EU) 2021/1232
Article 2 – point 3

In Article ~~deleted: (3) ‘solicitation of children’ means any " intentional conduct constituting a criminal offence under Article 6 of Directive 2011/93/EU; (Regulation (EU) 2021/1232)~~-1 2, the third paragraph is Or. en

2024/01/23
Committee: LIBE

Sophia IN 'T VELD, Jana TOOM

Proposal for a regulation
Article -1 a (new)

Regulation (EU) 2021/1232
Article 3 – paragraph 1 – point a – point i

Article -1a In Article 3, paragraph 1, point (a)(i) is replaced by the following: "(i) strictly necessary for the use of specific technology for the sole purpose of detecting and removing online child sexual abuse material and reporting it to law enforcement authorities and to organisations acting in the public interest against child sexual abuse and ~~of detecting solicitation of children and~~ reporting it to law enforcement authorities or organisations acting in the public interest against child sexual abuse; ~~(Regulation (EU) 2021/1232)~~Or. en

2024/01/23
Committee: LIBE

Sophia IN 'T VELD, Jana TOOM

Proposal for a regulation
Article -1 b (new)

Regulation (EU) 2021/1232
Article 3 – paragraph 1 – point d

Article -1b In Article 3, paragraph 1, point (d) is replaced by the following: "(d) with regard to new technology, meaning technology used for the purpose of detecting online child sexual abuse mat erial that has not been used by any provider in relation to services provided to users of number-independent interpersonal communications services (‘users’) in the Union before 2 August 2021, ~~and with regard to technology used for the purpose of identifying possible solicitation of children,~~ the provider reports back to the competent authority on the measures taken to demonstrate compliance with written advice issued in accordance with Article 36(2) of Regulation (EU) 2016/679 by the competent supervisory authority designated pursuant to Chapter VI, Section 1, of that Regulation (‘supervisory authority’) in the course of the prior consultation procedure; ~~(Regulation (EU) 2021/1232)~~Or. en

2024/01/23
Committee: LIBE

Sophia IN 'T VELD, Jana TOOM

Proposal for a regulation
Article -1 c (new)

Regulation (EU) 2021/1232
Article 3 – paragraph 1 – point f

In Article deleted (f) the technologies used to detect patterns " of possible solicitation of children are limited to the use of relevant key indicators and objectively identified risk factors such as age difference and the likely involvement of a child in the scanned communication, without prejudice to the right to human review. (Regulation (EU) 2021/1232)-1c 3, paragraph 1, point (f) is Or. en

2024/01/23
Committee: LIBE

Sophia IN 'T VELD, Jana TOOM

Proposal for a regulation
Article -1 d (new)

Regulation (EU) 2021/1232
Article 3 – paragraph 1 – point g – point iii

Article -1d In Article 3, paragraph 1, point (g)(iii) is replaced by the following: "(iii) ensure that material not previously identified as online child sexual abuse material, ~~or solicitation of children,~~ is not reported to law enforcement authorities or organisations acting in the public interest against child sexual abuse without prior human confirmation; ~~(Regulation (EU) 2021/1232)~~Or. en

2024/01/23
Committee: LIBE

Sophia IN 'T VELD, Jana TOOM

Proposal for a regulation
Article -1 e (new)

Regulation (EU) 2021/1232
Article 3 – paragraph 1 – point g – point iii – point 4

~~(4) the number of cases of online child sexual abuse identified, differentiating between online child sexual abuse material and solicitation of children; (Regulation (EU) 2021/1232)~~Article -1e In Article 3, paragraph 1, point (g)(iii)(4) is replaced by the following: "(4) the number of cases of online child sexual abuse identified; Or. en

2024/01/23
Committee: LIBE

Sophia IN 'T VELD, Jana TOOM, Hilde VAUTMANS

Proposal for a regulation
Article 1 – paragraph 1

Regulation (EU) 2021/1232
Article 10

~~It shall apply until 3 August 2026. It shall apply not be further~~until 3 May 2025 and shall prolonged after this date.

2024/01/23
Committee: LIBE

9 Amendments of Jana TOOM related to 2023/0452(COD)

ParlTrack - 2011-2024