13 Amendments of Daniel BUDA related to 2017/0003(COD)
Amendment 44 #
Proposal for a regulation
Recital 1
Recital 1
(1) Article 7 of the Charter of Fundamental Rights of the European Union ("the Charter") protects the fundamental right of everyone to the respect for his or her private and family life, home and confidential communications. Respect for the privacy and confidentiality of one’'s communications is an essential dimension of this right. Confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication, including when the information has been sent, from where, to whom, is not to be revealed to anyone other than to the parties involved in a communication. The principle of confidentiality should apply to current and future means of communication, including calls, internet access, instant messaging applications, e-mail, internet phone calls and personal messaging provided through social media. Effective protection of the confidentiality of communications is essential for exercising the freedom of expression and information and other rights enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 50 #
Proposal for a regulation
Recital 3
Recital 3
(3) Electronic communications data may also reveal information concerning legal entities, such as business secrets or other sensitive information that has economic value. The case-law of the Court of Justice of the European Union (‘CJEU’)20a and the European Court of Human Rights20bconfirms that the professional activities of legal persons may not be excluded from the protection afforded by Article 7 of the Charter and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, the provisions of this Regulation should apply to both natural and legal persons. Furthermore, this Regulation should ensure that provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council21, also apply to end-users who are legal persons. This includes the definition of consent under Regulation (EU) 2016/679. When reference is made to consent by an end-user, including legal persons, this definition should apply. In addition, legal persons should have the same rights as end-users that are natural persons regarding the supervisory authorities; furthermore, supervisory authorities under this Regulation should also be responsible for monitoring the application of this Regulation regarding legal persons. __________________ 20a See Case C-450/06, Varec SA, ECLI: EU:C:2008:91, paragraph 48. 20bSee, for example, ECHR judgment Niemietz v. Germany of 16 December 1992, series A, No 251-B, paragraph 29; Société Colas Est and others v France, No 37971/97, paragraph 41; ECHR 2002-III; Peck v. United Kingdom, No 44647/98, paragraph 57, ECHR 2003-I; and Vinci Construction and GTM Génie Civil et Services v. France, Nos 63629/10 and 60567/10, paragraph 63, 2 April 2015. 21 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88).
Amendment 54 #
Proposal for a regulation
Recital 6
Recital 6
(6) While the principles and main provisions of Directive 2002/58/EC of the European Parliament and of the Council22 remain generally sound, that Directive has not fully kept pace with the evolution of technological and market reality, resulting in an inconsistent or insufficient effective protection of privacy and confidentiality in relation to electronic communications using the new media. Those developments include the entrance on the market of electronic communications services (including new web-based interpersonal communications services, including online telephone, instant messaging and Internet e-mail) that from a consumer perspective are substitutable to traditional services, but do not have to comply with the same set of rules. Another development concerns new techniques that allow for tracking of online behaviour of end-users, which are not covered by Directive 2002/58/EC. Directive 2002/58/EC should therefore be repealed and replaced by this Regulation. __________________ 22 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p.37).
Amendment 58 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Member States should be allowed, within the limits of this Regulation, to maintain or introduce national provisions to further specify and clarify the application of the rules of this Regulation in order to ensure an effective application and interpretation of those rules. Moreover, Member States should remain free to keep or create national data retention frameworks that provide, inter alia, for targeted retention measures, far as such frameworks comply with Union law, taking into account the case- law of the Court of Justice on the interpretation of the ePrivacy Directive and the Charter of Fundamental Rights1a. Therefore, the margin of discretion, which Member States have in this regard, should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data. __________________ 1a Seejoint cases C-293/12 and C-594/12, Digital Rights Ireland and Seitlinger and others, ECLI:EU:C:2014/238; joint cases C-203/15 and C-698/15 Tele2 Sverige AB and Secretary of State for the Home Department, ECLI:EU:C:2016:970.
Amendment 80 #
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications during conveyance 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 checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 89 #
Proposal for a regulation
Recital 19
Recital 19
(19) The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and the confidentiality of communications protected under Article 7 of the Charter. Any interference with the content of electronic communications should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content of communications, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end-user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service. After electronic communications content has been sent by the end-user and received by the intended end-user or end-users, it may be recorded or stored by the end-user, end- users or by a third party entrusted by them to record or store such data. Any processing of such data must comply with Regulation (EU) 2016/679.
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to information related to the terminal equipment of end-users.
Amendment 181 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Confidentiality of electronic communications datacontent
Amendment 187 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data during conveyance, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or processing of electronic communications datacontent, by persons other than the end- users, shall be prohibited, except when permitted by this Regulation.
Amendment 339 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 347 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 470 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. It shall apply from 25 May 20189.