Activities of Erika MANN related to 2007/0248(COD)
Plenary speeches (1)
Electronic communications networks, personal data and the protection of privacy - Electronic communications networks and services - Body of European Regulators for Electronic Communications (BEREC) and the Office - Frequency bands for mobile communications (debate)
Amendments (9)
Amendment 29 #
Proposal for a directive – amending act
Recital 20 a (new)
Recital 20 a (new)
(20a) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market1 provides that transmission in a communications network of information provided by a recipient of the service does not render the service provider liable for the information transmitted. The providers of electronic communication services, therefore, are responsible for notifications to the subscriber and national regulatory authorities only for breaches of security in connection with the provision of the service, which is likely to consist of subscriber information as well as traffic data and personal content, where they choose to offer content service. 1 OJ L 178, 17.7.2000, p. 1.
Amendment 34 #
Proposal for a directive – amending act
Recital 31 a (new)
Recital 31 a (new)
(31a) The quality of service provision should not impair the ability of undertakings providing public communications networks to offer differentiated services and different tiers of quality. This is the best way to offer consumers choice and stimulates increased consumer benefits and demand.
Amendment 35 #
Proposal for a directive – amending act
Recital 31 b (new)
Recital 31 b (new)
(31b) Blocking and serious degradation of service over networks refers to anti- competitive behaviour in order to prevent access to competitors' services. It does not include the provision of limited service plans that may not cover certain services, providing this information is made available to the end-user and the end-user has a choice of options. It also does not include reasonable management of networks in order to alleviate congestion, ameliorate capacity constraints and enable new services.
Amendment 36 #
Proposal for a directive – amending act
Recital 39 a (new)
Recital 39 a (new)
(39a) The purpose of the Universal Service Directive is to ensure a high level of protection of consumers’ and individual users’ rights in the provision of telecommunications services. Such protection is not required in the case of global telecommunications services. These are corporate data and voice services provided as a package to large companies at locations in different countries within and outside EU on the basis of individually negotiated contracts by companies of equal strength.
Amendment 58 #
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
3. In order to prevent degradation of service and slowing of traffanti-competitive blocking and serious degradation of service over networks, the Commission may, having consulted the Authority, adopt technical implementing measures concerning minimum quality of service requirements to be set by the national regulatory authority on undertakings providing public communications networks. These measures designed to amend non- essential elements of this Directive by supplementing it shall be adopted in accordance with thenational regulatory authorities may impose minimum quality of service requirements on undertakings providing public communications networks. Undertakings providing public communications networks shall be entitled to carry out reasonable network management. The imposition of minimum quality of services should not regsulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).’t in unintended consequences to the detriment of consumer choice and innovation.
Amendment 65 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that undertakings providing a service for originating and receiving national and/or international calls through a number or numbers in a national or international telephone numbering plan provide access to emergency services.
Amendment 79 #
Proposal for a directive – amending act
Article 2 – point 3 – point b
Article 2 – point 3 – point b
Directive 2002/58/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In case of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available communications services in the Community, the provider of publicly available electronic communications services shall, without undue delay, notify the subscriber concerned and the national regulatory authority of such a breach. The notification to the subscriber shall at least describe the nature of the breach and recommend measures to mitigate its possible negative effects. The notification to the national regulatory authority shall, in addition, describe the consequences of and the measures taken by the provider to address the breach. A breach of security should be considered to cause significant harm only where it relates to a specific crime. Where the data has been rendered unusable by technical or procedural means, to the extent that the risk of loss is low or substantially removed, a breach of security of the data should not be considered to cause significant harm to the end-user but justification must be provided on request.
Amendment 117 #
Recital 26 a (new)
(26a) Directive 2002/22/EC is without prejudice to reasonable network management by providers, for example to address congestion and capacity constraints, to ensure the security of the network and of users and to enable reliable performance of individual services. These practices should not hinder the competitive development of the information society and should respect the requirements set out in articles 20 and 21 of Directive 2002/22/EC.
Amendment 136 #
Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
3. In order to prevent theaddress unjustified degradation of service and the hindering or slowing down of traffic over networks, Member States shall ensure that national regulatory authorities are able to set minimum quality of service requirements on an undertaking or undertakings providing public communications networks.