Activities of Paul TANG related to 2020/2018(INL)
Opinions (1)
OPINION with recommendations to the Commission on Digital Services Act: Improving the functioning of the Single Market
Amendments (14)
Amendment 6 #
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially privacy, the protection of privacy and personal data, non-discrimination and the freedom of speechexpression and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency and explainability of algorithms, penalties to enforce such obligations, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;
Amendment 9 #
Draft opinion
Paragraph 1 – indent 1 (new)
Paragraph 1 – indent 1 (new)
- such independent audits should be conducted annually, in analogy with the financial sector, to examine whether the used data policy, algorithms and checks and balances are in accordance with specified criteria and are supervised by an independent sufficient overseeing authority;
Amendment 10 #
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Notes that platforms use automated decision making algorithms to disseminate and order the content shown to the users, including to organise their personal feed; stresses that these algorithms, how they work and how they order the shown material, are a black box to users, which takes away choice and control from the user, enables the creation of echo chambers and leads to a distrust in digital services; calls on the Commission to compel digital services, in its DSA proposal, to offer content by default in a chronological order, and to increase user control to influence the content they see by default;
Amendment 22 #
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the rapid development of digital services requires a strong legislation to protect privacy and a reasonable duty of care to ensure digital dignitfutureproof legislative framework to protect personal data and privacy; stresses therefore in this regard that all digital services need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2 , currently under revision, and the freedom of expression and non-discrimination; _________________ 1 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). 2 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 28 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses the importance of clear obligations with regard to content moderation; underlines for this reason the principle of what is illegal offline is illegal online and the prohibition of general monitoring; asks the Commission to let these principles prevail in the DSA- proposal;
Amendment 30 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Notes that digital services use advanced algorithms, which analyse or predict aspects concerning the user’s personal preferences, interests or behaviour, for profiling; emphasises that the quality of output of automated decision making algorithms is subject to the quality of used data and the chosen predetermined parameters; stresses that the use of automated decision making algorithms requires a strong legislative framework which protects privacy and personal data, and together with a duty of care obligation overseeing the legitimate use of the algorithms, that does not apply to content moderation, ensures full compliance; calls therefore on the Commission to work out a duty of care regime, which has its basis in the e- Commerce Directive1a through detailed sectoral guidelines in order to use automated decision making algorithms in compliance with the fundamental rights of protection of personal data and privacy, laid down in the General Data Protection Regulation2a; _________________ 1aRecital 48 of the e-Commerce Directive 2000 2aRecital 71 and article 22 General Data Protection Regulation
Amendment 38 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Emphasises that there are certain differences still between online and offline worlds, for instance, in terms of anonymity, the absence of a governing entity, between the balances of power and technical capabilities; calls therefore on the Commission to let the principles of human dignity and 'what is illegal offline is illegal online' prevail in its DSA- proposal and to introduce in the DSA the concept of digital dignity, which builds upon these principles and embodies the fundamental rights of individuals;
Amendment 47 #
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends the Commission to work on harmonising the national personal identification sign-ins with a view to creating a single Union sign-in systemcreate a verification system for users of digital services, in order to ensure the protection of personal data and age verification, especially for childrenminors, which shall not be used to track the users cross- site nor used commercially;
Amendment 51 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes unnecessary collection of personal data by digital services at the point of registration for a service, such as date and place of birth, cell phone number and postal address, often caused by the use of single-sign in possibilities; underlines that the GDPR clearly describes the data minimisation principle, thereby limiting the collected data to only that strictly necessary for the purpose; asks therefore the Commission to create a single European sign-in system and to introduce an obligation to always also offer a manual sign-in option;
Amendment 53 #
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that biometric data is considered to be a special category of personal data with specific rules for processing; nNotes that biometrics can and are used for identification and authentication of individuals, which entails significant risks to and interferences with the right to privacy and data protection, as well as enabling identity fraud; cCalls on the Commission to incorporate in its Digital Services Act an obligations on digital services to store biometric data only locally, unless specifically used for research and development of its service and to always give users of digital services an alternative for using biometrical data for the functioning of a service, and an obligation to clearly inform the customers on the risks of using biometric data; sStresses that a digital service may not be refused where the individual refuses to use biometric data;
Amendment 62 #
5. Notes the potential negative impact of micro-targeted advertisingpersonalised advertising, in particular micro-targeted and behavioural advertisements, and of assessments of individuals, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target saidpersonalise advertising, offering products or services or setting prices; cCalls therefore on the Commission to introduce a limitation on micro-targeted advertisements, especially on vulnerable groupphase-out prohibition on personalised advertisements, starting with minors, and a prohibition on the use of discriminatory practices for the provision of services or products.;
Amendment 66 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Observes how digital services cooperate with the offline world, for example in the transport and the hospitality sectors; notes that local governments and the public sector can benefit from data of certain types of digital services to improve, for example, their urban planning policies; reminds that the collection, use and transfer of personal data, also between the private and the public sector is subject to the provisions of the GDPR; calls therefore on the Commission to make its proposal for the Digital Services Act not be incompatible with this aim;
Amendment 73 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Emphasises the importance of the European values and rules on data protection and privacy and emphasises the difficulties that arise for individuals who want to enforce their individual data protection and privacy rights against dominant platforms, which are active on multiple markets and have multiple affiliates; calls therefore for the enforcement of the obligation under the GDPR for platforms to offer a digital environment where users can easily enforce their rights and encourages companies to create a ‘one-stop-shop’ for all their underlying digital platforms;
Amendment 79 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Notes that the e-Commerce Directive dates back to 2000; notices that the data protection regime is significantly updated since then; recalls therefore that any future provision of the e-Commerce Directive fully respects the European regime on data protection;