6 Amendments of Kris PEETERS related to 2018/0108(COD)
Amendment 324 #
Proposal for a regulation
Recital 31
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.
Amendment 351 #
Proposal for a regulation
Recital 41 b (new)
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).
Amendment 437 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
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];
Amendment 442 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
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];
Amendment 503 #
Proposal for a regulation
Article 5 – paragraph 4 – point a
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
Amendment 558 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)