BETA

6 Amendments of Kris PEETERS related to 2018/0108(COD)

Amendment 324 #
Proposal for a regulation
Recital 31
(31) For the same reason, a distinction has to be made regarding the material scope of this Regulation: Orders to produce subscriber data and access data can be issued for any criminal offence as these data are essential to identify a user, whereas access to transactional and content data should be subject to stricter requirements to reflect the more sensitive nature of such data. A threshold allows for a more proportionate approach, together with a number of other ex ante and ex post conditions and safeguards provided for in the proposal to ensure respect for proportionality and the rights of the persons affected. At the same time, a threshold should not limit the effectiveness of the instrument and its use by practitioners. Allowing the issuing of Orders for investigations that carry at least a threewo-year maximum sentence limits the scope of the instrument to more serious crimes, without excessively affecting the possibilities of its use by practitioners. It excludes from the scope a significant number of crimes which are considered less serious by Member States, as expressed in a lower maximum penalty. It also has the advantage of being easily applicable in practice.
2019/12/11
Committee: LIBE
Amendment 351 #
Proposal for a regulation
Recital 41 b (new)
(41 b) It should be possible to object to an order where its execution in the executing State would involve a breach in the immunity or privilege in that State. There is no common definition of what constitutes an immunity or privilege in Union law. The precise definition of these terms is therefore left to national law, which could include protections which apply to medical and legal professions, but should not be interpreted in a way to counter the obligation to abolish certain grounds for refusal as set out in the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union1a. _________________ 1a Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 326, 21.11.2001, p. 2).
2019/12/11
Committee: LIBE
Amendment 437 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘access data’ means data related to the commencement and termination of atechnical identifiers related to a specific user access session to a service, which is strictly necessaryshall be requested for the sole purpose of identifying the user of the service, such as the Login ID, the date and time of use, or the log-in to and log-off from the service, together withor the IP address allocated by the internet access service provider to the user of a service, data identifying the interface used and the user ID. This includes electronic communications metadata as defined in point (g) of Article 4(3) of [Regulation concerning the respect for private life and the protection of personal data in electronic communications];
2019/12/11
Committee: LIBE
Amendment 442 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘transactional data’ means data related to the provision of a service offered by a service provider that serves to provide context or additional information about such service and is generated or processed by an information system of the service provider, such as the source and destination of a message or another type of interaction, data on the location of the device, date, time, duration, size, route, format, the protocol used and the type of compression, unless such data constitues access data. This includes electronic communications metadata as defined in point (g) of Article 4(3) of [Regulation concerning the respect for private life and the protection of personal data in electronic communications];
2019/12/11
Committee: LIBE
Amendment 503 #
Proposal for a regulation
Article 5 – paragraph 4 – point a
(a) for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least 32 years, or
2019/12/11
Committee: LIBE
Amendment 558 #
Proposal for a regulation
Article 7 a (new)
Article 7 a Notification of the enforcing state regarding a European Production Order 1. Where the European Production Order concerns transactional or content data and the issuing authority has reasonable grounds to believe that the person whose data is sought it not residing on its own territory, the issuing authority shall submit a copy of the EPOC to the enforcing authority at the same time the EPOC is submitted to the addressee in accordance with Article 7. 2. The notification shall not have a suspensive effect on the obligations of the addressee under this Regulation. 3. The notified authority may raise any of the following grounds for objections with the issuing authority: (a) the requested data is protected by immunities or privileges granted under the national law of the enforcing State; (b) the requested data is related to rules on the determination or limitation of criminal liability that relate the freedom of press or the freedom of expression in other media; (c) the disclosure of the requested data may impact fundamental interests of the enforcing State such as the national security and defence; (d) the EPOC is incomplete or manifestly incorrect; (e) the enforcing authority has substantial and clear indications that the EPOC manifestly violates the Charter or is manifestly abusive. The objection shall be raised as soon as possible but no later than ten days after the receipt of the EPOC or the additional information referred to in paragraph 5. 4. Where the power to waive the privilege or immunity as set out in (3) (a) lies with an authority of the enforcing State, the issuing authority may ask the enforcing authority to request the relevant authority to exercise its power without undue delay. Where the power to waive the privilege or immunity lies with an authority of another Member State or a third country or with an international organisation, the issuing authority may request the authority concerned to exercise that power. 5. Where the enforcing authority requires additional information in order to establish whether one of the grounds for objection under paragraph 3 is fulfilled, it shall contact the issuing authority as soon as possible but no later than 10 days after the receipt of the EPOC with a request for this information to be provided. The issuing authority shall reply to any such request within 10 days or withdraw the European Production Order. In the latter case, it shall inform the enforcing authority and the addressee about the withdrawal. 6. Where the enforcing authority raises a ground for objection under paragraph 3 within the applicable deadline, it shall inform the issuing authority of the reasons why the data may not be used or may only be used under conditions specified by the enforcing authority. The issuing authority shall be obliged to follow the conditions specified by the enforcing authority. 7. Where the issuing authority decides to withdraw the European Production Order or the enforcing authority finally objects to the use of the data according to paragraph 6 but the requested data has already been obtained, the issuing authority shall make no further use but immediately delete the obtained data.
2019/12/11
Committee: LIBE