13 Amendments of David BORRELLI related to 2017/0003(COD)
Amendment 47 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 53 #
Proposal for a regulation
Recital 11
Recital 11
(11) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly replace traditional voice telephony, text messages (SMS) and electronic mail conveyance services in favour of functionally equivalent online services such as Voice over IP, messaging services and web- based e-mail services. In order to ensure an effective and equal protection of end-users when using functionally equivalent services, this Regulation uses the definition of electronic communications services set forth in the [Directive of the European Parliament and of the Council establishing the European Electronic Communications Code24 7 ]. That definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services, which may or may not be number-based, such as for example, Voice over IP, messaging services and web-based e-mail services. The protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service; therefore, such type of services also having a communication functionality should be covered by this Regulation. _________________ 24 Commission proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM/2016/0590 final - 2016/0288 (COD)), such as internal messaging, newsfeeds, timelines and similar functions in online services where messages are exchanged with other users within or outside that service such as public and privately available newsfeeds and timelines; therefore, such type of services also having a communication functionality should be covered by this Regulation.
Amendment 62 #
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as 'hotspots' situated at different places within a city, department stores, shopping malls, and hospitalirports, hotels, hostels, hospitals and other similar Internet access points. To the extent that those communications networks are provided to an undefined group of end- users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. In contrast, this Regulation should not apply to closed groups of end- users such as corporate networks, access to which is limited to members of the corporation.
Amendment 65 #
Proposal for a regulation
Recital 14
Recital 14
(14) Electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged (electronic communications content) and the information concerning an end-user of electronic communications services processed for the purposes of transmitting, distributing or enabling the exchange of electronic communications content; including data to trace and identify the source and destination of a communication, geographical location and the date, time, duration and the type of communication. It should also include location data, such as for example, the actual or inferred location of the terminal equipment, the location of the terminal equipment from or to which a phone call or an internet connection has been made, or the Wi-Fi hotspot that a device is connected to, as well as data necessary to identify end- users' terminal equipment. Whether such signals and the related data are conveyed by wire, radio, optical or electromagnetic means, including satellite networks, cable networks, fixed (circuit- and packet- switched, including internet) and mobile terrestrial networks, electricity cable systems, the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this Regulation. Electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting, distributing or exchanging electronic communications content.
Amendment 66 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) Equipment location data should include data transmitted or stored in terminal equipment generated by accelerometers, barometers, compasses, satellite positioning systems or similar sensors or devices.
Amendment 82 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Equipment location data can give a very detailed and intrusive insight on an individual's personal life or an organisation's business and activities. Processing of location data from any source, whether electronic communications metadata or equipment location data should be conducted on the basis of clear rules.
Amendment 142 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘'direct marketing communications’' means any form of advertising, whether writ or similar promotion, sent, directend or oral, presented to one or more identified or identifiable end- users ofver an electronic communications servicesnetwork, including the use of automated calling and communication systems with or without human interaction, targeted advertising on social media platforms, electronic mail, facsimile, SMS, etc.;
Amendment 146 #
Proposal for a regulation
Article 4 – paragraph 3 – point h a (new)
Article 4 – paragraph 3 – point h a (new)
(h a) 'equipment location data' means data that can enable the geospatial location, movement or direction of terminal equipment and it is not processed in order to provide a communications service.
Amendment 151 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance, or any processing of electronic communications data regardless of whether this data is in transit or stored, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 259 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 an. It shall be as easy to withdraw as to give consent. Furthermore, the end- user should be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 319 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NThe use by natural or legal persons may useof electronic communications servicenetworks for the purposes of sending, directing or presenting direct marketing communications to end-users who are natural persons thatmay be allowed only in respect of end-users who have given their prior consent.
Amendment 323 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services for a period of no more than 12 months only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 334 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner and free of charge, to receiving further marketing communications. Any use of masked sender identities, false contact information or false return addresses or numbers for direct marketing purposes shall be prohibited.