[ParlTrack]

Proposal for a regulation
Citation 1 a (new)

having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of national parliaments in the European Union,

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Citation 1 b (new)

having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Recital 1

(1) Article 7 of the Charter of Fundamental Rights of the European Union ("the Charter") protects the fundamental and inalienable right of everyone to the respect for his or her private and family life, home and communications. Respect for the privacy 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.

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Recital 21

(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user's settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end-user should not constitute access to such a device or use of the device processing capabilities.deleted

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Recital 22

(22) The methods used for providing information and obtaining end-user's consent should be asclear and user-friendly ~~as possible~~. Given the ubiquitous use of tracking cookies and other tracking techniques, end- users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end- users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Recital 28

(28) There is justification for overriding the elimination of calling line identification presentation in specific cases. End-users' rights to privacy with regard to calling line identification should be restricted where this is necessary to trace nuisance calls and with regard to calling line identification and location data where this is necessary to allow either the law enforcement authorities or the emergency services, such as eCall, to carry out their tasks as effectively as possible.

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
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. In case of non- consent, inclusion is an unlawful act. 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.

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Recital 31

(31) If end-users that are natural persons 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, email address, home address, user name, phone number). In addition, providers of publicly available directories ~~should~~are obliged to 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-users 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.

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Recital 33

(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore ~~justified to~~ required that consent of the end-user isbe obtained before commercial electronic communications for direct marketing purposes are sent to end- users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679.

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Recital 37

(37) Service providers who offer electronic communications services should, in~~form end- users~~ the joint contract they sign with end- users, should inform them of measures they can take to protect the security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light of Article 32 of Regulation (EU) 2016/679.

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Recital 39

(39) Each supervisory authority is~~hould be~~ competent on the territory of its own Member State to exercise the powers and to perform the tasks set forth in this Regulation. In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, the supervisory authorities should have the same tasks and effective powers in each Member State, without prejudice to the powers of prosecutorial authorities under Member State law, to bring infringements of this Regulation to the attention of the judicial authorities and engage in legal proceedings. Member States and their supervisory authorities are encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of this Regulation.

2017/06/28
Committee: ITRE

Notis MARIAS

Proposal for a regulation
Recital 40

(40) In order to strengthen the enforcement of the rules of this Regulation, each supervisory authority ~~should have the power~~is authorised to impose penalties including administrative fines for any infringement of this Regulation, in addition to, or instead of any other appropriate measures pursuant to this Regulation. This Regulation should indicate infringements and the upper limit and criteria for setting the related administrative fines, which should be determined by the competent supervisory authority in each individual case, taking into account all relevant circumstances of the specific situation, with due regard in particular to the nature, gravity and duration of the infringement and of its consequences and the measures taken to ensure compliance with the obligations under this Regulation and to prevent or mitigate the consequences of the infringement. For the purpose of setting a fine under this Regulation, an undertaking should be understood to be an undertaking in accordance with Articles 101 and 102 of the Treaty.

2017/06/28
Committee: ITRE

12 Amendments of Notis MARIAS related to 2017/0003(COD)

ParlTrack - 2011-2024