11 Amendments of Emilian PAVEL related to 2017/0003(COD)
Amendment 159 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 207 #
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications metadata can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to further process electronic communications metadata, based on end- users consent. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication, billing, interconnection payments or security. Therefore, this Regulation should require providers of electronic communications services to obtain end- users’ consent to further process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. As an exception from obtaining end-users’ consent, the. The further processing of electronic communications metadata, where such processing is not based on the data subject’s consent, and for purposes other than those for which the personal data were initially collected, should be allowed in cases where the processing is compatible in accordance with point (4) of Article 6 of Regulation (EU) 2016/679. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 245 #
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as 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. This can be done through settings such as those that allow users to block all cookies or only third- party cookies, and those that allow users to choose a “Do Not Track” option during their browsing experience.
Amendment 403 #
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 unauthorised listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance or processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 432 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is necessary to maintain or restore the security or availability of electronic communications networks and services, as well as the security of third parties connected to the networks, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 463 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it is necessary for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusive use of, or subscription to, electronic communications services; or
Amendment 467 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including for the provision of specific services to such end- users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous.;
Amendment 474 #
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) the further processing of electronic communications metadata is compatible with the purposes for which the data were initially collected, as set forth under point (4) of Art. 6 of Regulation (EU)2016/679.
Amendment 630 #
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 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 676 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of electronic communications services shall establish internal procedures for responding to requests for access to end-users’ electronic communications data based on a legislative measure adopted pursuant to paragraph 1. They shall provide the competent supervisory authority, on demand, with information about those procedures, the number of requests received, the legal justification invoked and their response. The requests coming from a Member State where the service provider is not established, must respect cross-border mechanisms under mutual legal assistance conventions.
Amendment 772 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1