Activities of Pierrette HERZBERGER-FOFANA related to 2022/0155(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse
Amendments (352)
Amendment 48 #
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. While the proportion of child sexual abuse material that affects boys is growing, Child sexual abuse has a disproportionate impact on girls as the vast majority of child sexual abuse material is depicting girls, and girls are overrepresented in cases of solicitation of children, while men are overrepresented as perpetrators. According to reports, 96% of child sexual abuse material is estimated in 2021 to have affected girls. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), in line with the United Nations Convention on the Rights of the Child (UNCRC), which has been ratified by all Member States, and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.
Amendment 49 #
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.
Amendment 53 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) A growing number of teenagers are sharing intimate images, despite this being prohibited in a majority of member states. The implementation of measures to detect new abuse material would inevitably flag all such images as abuse material, resulting in a large number of false positives, but also in the investigation of those teenagers. This would significantly infringe on children’s right to privacy, as guaranteed by the Charter of Fundamental Rights of the European Union (‘Charter’), and in line with the United Nations Convention on the Rights of the Child (UNCRC), which has been ratified by all Member States. It would also result in stigma that disproportionately affects girls37b. Therefore services should warn children about the risks of sharing images, and give them guidance on what to do if they do so and something goes wrong. _________________ 37b The outcomes of sexting for children and adolescents: A systematic review of the literature https://doi.org/10.1016/j.adolescence.2021 .08.009
Amendment 57 #
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) The use of software to detect solicitation of children is insufficiently accurate, which means it could result in false positives, or could inadvertently flag child-to-child communications. This poses significant risks, in particular to LGBTQI+ children in hostile households.
Amendment 58 #
Proposal for a regulation
Recital 1 d (new)
Recital 1 d (new)
(1d) The combined risks of attempting to detect unknown abuse material and solicitation pose a significant risk to children, and these technologies are also vulnerable to being bypassed by abusers, rendering them ineffective, therefore this legislation should focus on detecting known content, as well as flagging potential solicitation to the child user in an age-appropriate manner, and reducing creation and sharing of self-generated material.
Amendment 59 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and to help combat such abuse. The measures taken should be targeted, carefully balanced and proportionate, effective, evidence- based proportionate , and subject to constant review, so as to avoid any undue negative consequences for the fight against crime and for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid directly or indirectly imposing any excessive burdens on the providers of the services.
Amendment 61 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.
Amendment 64 #
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is demonstrably and durably effective and that respects theall fundamental rights of all parties concerned. In view of the fast- changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper innovationthe fight against crime.
Amendment 68 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The existence of Child Sexual Abuse Material implies that child sexual abuse has already taken place. Detecting abuse material is important, but prevention is also vital. Therefore, member states should significantly strengthen educational measures to help children, teachers, and social services, to identify and report abuse, in particular by teaching children about consent from the earliest age possible, albeit in an age- appropriate manner.
Amendment 70 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Many of the online risks associated with child abuse continue to pose a threat to adults, and many adults have already fallen victim, therefore this regulation should also focus on prevention of online risks, mandating the integration into applications of features that help children learn about, identify and avoid risks, making use of a "learning through doing" approach.
Amendment 72 #
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The internet is an empowering and beneficial resource for children, allowing them to socialise, learn and play, however it can also pose significant risks. Many online services have set limits on the features accessible to children in order to mitigate these risks, however often depriving children of these features encourages them to lie about their age, or to try to evade age-verification systems. Therefore, rather than prohibiting access, services should focus on adapting their features and implementing safeguards for children.
Amendment 74 #
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4d) Developers should focus on responsibility by design, with the goal of preventing abuse, developing risk- mitigation and safety features for applications. To achieve this, it is important that developers understand how children use their services, and the threats they face. Therefore, children should be involved in the development process of risk-mitigation and safety features that are built for them.
Amendment 75 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to bare misused for the purpose of online child sexual abuse. As they are increasingly misused to a significant extent for that purpose, those services shcould include publicly available number- independent interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those services asre publicly available. As serviconline games which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are equallyare also at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner.
Amendment 76 #
Proposal for a regulation
Recital 6
Recital 6
(6) Online child sexual abuse frequentlycan also involves the misuse of information society services offered in the Union by providers established in third countries. In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to all providers, irrespective of their place of establishment or residence, that offer services in the Union, as evidenced by a substantial connection to the Union.
Amendment 77 #
Proposal for a regulation
Recital 9
Recital 9
(9) Article 15(1) of Directive 2002/58/EC allows Member States to adopt legislative measures to restrict the scope of the rights and obligations provided for in certain specific provisions of that Directive relating to the confidentiality of communications when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society, inter alia, to prevent, investigate, detect and prosecute criminal offences, provided certain conditions are met, including compliance with the Charter , which, inter alia, requires the specific measures to be provided for by law and genuinely achieve objectives of general interest. Applying the requirements of that provision by analogy, this Regulation should limit the exercise of the rights and obligations provided for in Articles 5(1), (3) and 6(1) of Directive 2002/58/EC, insofar as strictly necessary in line with Article 52 of the Charter to execute detecinvestigation orders issued in accordance with this Regulation with a view to prevent and combat online child sexual abuse.
Amendment 78 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Case law of the European Court of Justice43ahas repeatedly found indiscriminate monitoring of Communications is incompatible with the Charter of Fundamental Rights of the European Union, therefore detection orders should be targeted to individuals or groups suspected of child sexual abuse, and not at the wider population. _________________ 43a Cases C-511/18, C-512/18, C-520/18, and C-623/17 Court of Justice of the European Union
Amendment 79 #
Proposal for a regulation
Recital 13
Recital 13
(13) The term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet beenbut since confirmed as such (‘new’ material), as well as activities constituting the solicitation of children (‘grooming’). That is needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims and stopping perpetrators.
Amendment 80 #
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to minimising the risk that their services are misused for the dissemination of known or onlinew child sexual abuse material or the solicitation of children, providers of hosting services and providers of publicly available number- independent interpersonal communications services should assess such risk for eachthat are exposed to substantial amount of child sexual abuse material should assess the existence of a significant risk stemming from the design and functioning of of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is, as well as the effectiveness and proportionality of specific measures are updated regularly and when needed for particular reasons.
Amendment 81 #
Proposal for a regulation
Recital 15
Recital 15
(15) Some of those providers of relevant information society services in scope of this Regulation may also be subject to an obligation to conduct a risk assessment under Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] with respect to information that they store and disseminate to the public , which should form the basis for the risk assessment under this instrument. For the purposes of the present Regulation, those providers may draw on such a risk assessment and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation.
Amendment 82 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number-independent interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation. Providers should also assess the reasonably foreseeable negative impacts of proposed mitigation measures, and if they disproportionately affect a group of people on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender or sexual orientation. Particular care should be taken to assess the impact on girls, who are at a greater risk of being subject to child sexual abuse and gender-based violence.
Amendment 83 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation. Providers should also assess the reasonably foreseeable negative impacts of proposed mitigation measures, and if they disproportionately affect a group of people on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender or sexual orientation. Particular care should be taken to assess the impact on girls, who are at a greater risk of being subject to child sexual abuse.
Amendment 84 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Parental controls that allow parents to access children’s private correspondence without their consent pose a significant risk to children’s privacy, but could also put at risk their safety, in particular in the cases of children who are being abused and who are trying to seek help, and LGBTQI+ children in hostile households. Therefore no provision in this legislation should enable or facilitate intrusions on children’s privacy.
Amendment 85 #
Proposal for a regulation
Recital 17
Recital 17
(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement measures tailored to the risk identifiedexposure and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are free to design and implement, in accordance with Union law, measures based on their existing practices to detect online child sexual abuse . Specific measures could include providing their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authorityechnical measures and tools that allow users to manage their own privacy visibility, reachability and safety, such as mechanisms for users to block or mute other users, mechanisms that ask for confirmation before displaying certain content, tools that prompt or warn users. .
Amendment 87 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Relying on providers for risk mitigation measures comes with inherent problems, as business models, technologies and crimes evolve continuously. As a result, clear targets, oversight, review and adaptation, led by national supervisory authorities are needed, to avoid measures becoming redundant, disproportionate, ineffective, counterproductive and outdated.
Amendment 88 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available number-independent interpersonal communications services should, when designing and implementing the mitigationspecific measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigationspecific measures that should reasonably be taken in a given situation, account should also be taken of the ongoing effectiveness of the measures and the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigationspecific measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self-regulatory cooperation, and those contained in guidelines from the Commission. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measuresquantifying the expected impact of the available measures. Objective data on ongoing effectiveness must be provided, in order for any measure to be recognised as best practice.
Amendment 90 #
Proposal for a regulation
Recital 19
Recital 19
(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take certain reasonable measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the. The providers should only make available on their platform software applications if prior to the use of their service they have obtained the contact details of the provider of software application developing team with the cooperation of the specific providers of the services offered through the software application where possible.
Amendment 92 #
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abusdata on the impact of specific measures demonstrate that their impact is below pre-determined targets e, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection ordersmplementation of additional targeted and proportionate risk mitigation measures . In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of targets, limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available number-independent interpersonal communications services, and that solicitation of children mostly takes place in publicly available number-independent interpersonal communications services, it should only be possible to address detecinvestigation orders to providers of such services in relation to specific suspects or specific group of suspects or a specific incident .
Amendment 94 #
Proposal for a regulation
Recital 21
Recital 21
(21) Furthermore, as parts of those limits and safeguards, detecinvestigation orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection orderthat the order is necessary and proportionate.
Amendment 95 #
Proposal for a regulation
Recital 22
Recital 22
(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detecIt should be ensured that investigation orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the specific results anticipated by the measure, the likelihood and seriousness of any potential negative consequences for other parties affected, in particular for girls, ethnic and sexual minorities. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.
Amendment 98 #
Proposal for a regulation
Recital 24
Recital 24
(24) The competent judicial authority or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, shouldshould have the data necessary to be in a position to take a well-informed decision on requests for the issuance of detecinvestigations orders. That is of particular importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especially in connection to detecinvestigation orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so as soon as possiblewithout undue delay, having regard to the important public policy objective at stake and the need to act without undue delay to protect children. In particularFurthermore, data protections authorities should do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should normally be able to provide their opinion well within that time periodin a timely manner in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detecn investigation order addressed to it under this Regulation.
Amendment 99 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 100 #
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available number-independent interpersonal communications services to execute detecinvestigation orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, t. This Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulationare not undermined. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them orAny weakening of encryption could potentially be abused by malicious their employees for purposes other than compliance withd parties. Nothing in this Regulation, n should therefore by third parties, and thus to avoid undermining the security and confidentiality of the communications of userse interpreted as prohibiting or weakening end-to-end encryption.
Amendment 102 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to facilitate the providers’ compliance with the detection obligationinvestigation orders, the EU Centre should make available to providers detectionapproved technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detecinvestigation orders addressed to them. The European Data Protection Board should be consulted on the acceptability or otherwise of those technologies and the ways in which they should be best deployed to ensure, if at all, in compliance with applicable rules of Union law on the protection of personal data. The advice and with the Charter of Fundamental Rights . The authoritative position of the European Data Protection Board should be fully taken into account by the EU Centre when compiling the lists of available technologies and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation and other applicable EU law, such as Regulation 2016/679 .
Amendment 104 #
Proposal for a regulation
Recital 28
Recital 28
(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently reliableaccurate , as well as to identify false positives and avoid to the extentfalse negatives and to avoid erroneous reporting to the EU Centre, providers should ensure adequate human oversight and, where necessary, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children.
Amendment 105 #
Proposal for a regulation
Recital 29
Recital 29
(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that theyThe information providers may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonable grounds to believe that a particular activity may constitute online child sexual abuse. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiative. Those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.
Amendment 106 #
Proposal for a regulation
Recital 30
Recital 30
(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection, Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection,ongoing investigation and prosecution of specific child sexual abuse offences.
Amendment 108 #
Proposal for a regulation
Recital 32
Recital 32
(32) The obligations of this Regulation do not apply to providers of hosting services that do not offer their services in the Union. However, such services may still be used to disseminate child sexual abuse material to or by users in the Union, causing harm to children and society at large, even if the providers’ activities are not targeted towards Member States and the total numbers of users of those services in the Union are limited. For legal and pAs every country in the world has ractical reasons, it may not be reasonably possible to have those providers remove or disable access to the material, not even through cooperation with the competent authorities of the third country where they are established. Therefore, in line with existing practices in several Member States, it should be possible to require providers of internet access services to take reasonable measures to block the access of users in the Union to the materialfied either the UN Convention on the Rights of the Child or its optional Protocol on Child Pornography, it should always be possible to have those providers remove or disable access to the material. Where problems arise in relation to specific jurisdictions, all possible diplomatic pressure should be brought to bear by the Commission and Member States to remedy the situation.
Amendment 109 #
Proposal for a regulation
Recital 33
Recital 33
(33) In the interest of consistency, efficiency and effectiveness and to minimise the risk of circumvention, such blocking orders should be based on the list of uniform resource locators, leading to specific items of verified child sexual abuse, compiled and provided centrally by the EU Centre on the basis of diligently verified submissions by the relevant authorities of the Member States. In order to avoid the taking of unjustified or disproportionate measures, especially those that would unduly affect the fundamental rights at stake, notably, in addition to the rights of the children, the users’ freedom of expression and information and the providers’ freedom to conduct a business, appropriate limits and safeguards should be provided for. In particular, it should be ensured that the burdens imposed on the providers of internet access services concerned are not unreasonable, that the need for and proportionality of the blocking orders is diligently assessed also after their issuance and that both the providers and the users affected have effective means of judicial as well as non- judicial redress. Blocking by uniform resource locator is not technically possible, and most blocking is implemented at the level of the web domain, or Internet Protocol address, which often results in significant overblocking, therefore the EU Centre should evaluate the risk and impact of overblocking before making a final decision on blocking.
Amendment 110 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 112 #
Proposal for a regulation
Recital 35
Recital 35
(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted. Victims or their approved formal representative should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported or has been removed by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation. This should both include the option for a singular information request, as the option to receive this information on a continuous and regular basis.
Amendment 114 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
Amendment 115 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to prevent children falling victim to online abuse, providers for which there is evidence that their service is routinely or systematically used for the purpose of online child sexual abuse in line with article 3, should provide reasonable assistance, by putting in place alert and alarm mechanisms in a prominent way on their platforms. The alert mechanism could consist of, for example, linking potential victims to the local services such as helplines, victims` rights and support organisations or hotlines. They should ensure adequate follow-up, when a report or alert is made, in the language chosen by the user for using their service. Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authoritiesreceive adequate psycho-social, age appropriate and gender-sensitive support and to be assisted by the EU Centre and its relevant partners, such as child helplines or other psycho-social support mechanisms in this regard, via the Coordinating Authorities. Member States should establish and improve the functioning of child helplines and hotlines, including through funding and capacity building, in line with article 96 of Directive (EU) 2018/1972. Victim identification is key not only for tracking down online child sexual abuse but also to prevent victimisation, and to stop further spread of damaging material and to ensure that victims can benefit from available assistance. Such victim identification however, requires a high degree of specialisation and adequate resources. Therefore the European Cybercrime Centre`s efforts in victim identification should be complemented at national level.
Amendment 118 #
Proposal for a regulation
Recital 37
Recital 37
(37) To ensure the efficient management of such victim support functions, victims should be allowed to contact and rely on the Coordinating Authority that is most accessible to them, which should channel all communications between victims and the EU Centre. Coordinating authorities should provide gender- and age- sensitive support to victims, as well as psychological support. Under no circumstances should victims be blamed for what has happened to them.
Amendment 120 #
Proposal for a regulation
Recital 44
Recital 44
(44) In order to provide clarity and enable effective, efficient and consistent coordination and cooperation both at national and at Union level, where a Member State designates more than one competent authority to apply and enforce this Regulation, it should designate one lead authority as the Coordinating Authority, whilst the designated authority should automatically be considered the Coordinating Authority where a Member State designates only one authority. For those reasons, the Coordinating Authority should act as the single contact point with regard to all matters related to the application of this Regulation, without prejudice to the enforcement powers of other national authoritieand related to achieving the objective of this regulation, including prevention matters without prejudice to the enforcement powers of other national authorities. Training of officials in close contact with victims , including law enforcement officers, judges, prosecutors, lawyers and forensic experts and social workers, is essential in order to understand the problem that child victims can face, and in order to ensure that the situation is prevented and mitigated if necessary. The Coordinating Authority should therefore also act as single point of contact with regard to all matters related to the achievement of the objective of this regulation, including prevention, with regard to awareness raising and training of officials.
Amendment 121 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 122 #
Proposal for a regulation
Recital 52
Recital 52
(52) To ensure effective enforcement and the safeguarding of users’ rights under this Regulation, it is appropriate to facilitate the lodging of complaints about alleged non-compliance with obligations ofr a breach of fundamental rights by providers of relevant information society services under this Regulation. This should be done by allowing users to lodge such complaints with the Coordinating Authority in the territory of the Member State where the users reside or are establishedor through a Coordinating Authority of their choosing, irrespective of which Member State has jurisdiction in respect of the provider concerned. For the purpose of lodging of complaints, users can decide to rely on organisations acting in the public interest against child sexual abuse. However, in order not to endanger the aim of establishing a clear and effective system of oversight and to avoid the risk of inconsistent decisions, it should remain solely for the Coordinating Authority of establishment to subsequently exercise any of its investigatory or enforcement powers regarding the conduct complained of, as appropriate, without prejudice to the competence of other supervisory authorities within their mandate.
Amendment 123 #
Proposal for a regulation
Recital 55
Recital 55
(55) It is essential for the proper functioning of the system of mandatory detection and blocking of online child sexual abuse set up by this Regulation that the EU Centre receives, via the Coordinating Authorities, anonymised specific items of material identified as constituting child sexual abuse material or transcripts of conversations identified as constituting the solicitation of children related to a specific person or a specific group of people or specific incident , such as may have been found for example during criminal investigations, so that that material or conversations can serve as an accurate and reliable basis for the EU Centre to generate indicators of such abuses. In order to achieve that result, the identification should be made after a diligent assessment, conducted in the context of a procedure that guarantees a fair and objective outcome, either by the Coordinating Authorities themselves or by a court or another independent administrative authority than the Coordinating Authority. Whilst the swift assessment, identification and submission of such material is important also in other contexts, it is crucial in connection to new child sexual abuse material and the solicitation of children reported under this Regulation, considering that this material can lead to the identification of ongoing or imminent abuse and the rescuing of victims. Therefore, specific time limits should be set in connection to such reporting.
Amendment 124 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) All communications containing illegal material should be encrypted to state of the art standards, all access by staff to such content should be limited to what is necessary and thoroughly logged. All such logs should be stored for a minimum of ten years.
Amendment 125 #
Proposal for a regulation
Recital 59
Recital 59
(59) To support the implementation of this Regulation and contribute to the achievement of its objectives, the EU Centre should serve as a central facilitator, carrying out a range of specific tasks. The performance of those tasks requires strong guarantees of independence, in particular from law enforcement authorities, as well as a governance structure ensuring the effective, efficient and coherent performance of its different tasks, and legal personality to be able to interact effectively with all relevant stakeholders as well as an autonomous budget. Therefore, it should be established as a decentralised Union agency and provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this Regulation. It should be mainly financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the Multiannual Financial Framework and/or through the mobilisation of the relevant special instruments. In order to ensure that the Agency can respond flexibly to human resource needs, it is in particular appropriate that it has autonomy regarding the recruitment of contract agents.
Amendment 127 #
Proposal for a regulation
Recital 60
Recital 60
(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blockinvestigation and reporting obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse.
Amendment 131 #
Proposal for a regulation
Recital 67
Recital 67
(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should, including education and awareness raising, and prevention programmes available for potential offenders and offenders during and after criminal proceedings. The collection, analysis of data should include the list of education and awareness raising material made part of the official curricula. In this connection, the EU Centre should bring together practitioners and researchers. The EU Centre should also cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.
Amendment 134 #
Proposal for a regulation
Recital 70
Recital 70
(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union. Child helplines are equally in the frontline in the fight against online child sexual abuse. Therefore, the EU Centre should also recognise the work of child helplines in victim response, and the existing referral mechanisms between child helplines and hotlines. The EU Centre should coordinate services for victims.
Amendment 135 #
Proposal for a regulation
Recital 71
Recital 71
Amendment 136 #
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) In view of the need for a more effective EU Centre it is necessary to establish a Survivors' Advisory Board. Through the structured involvement of victims and former victims of sexualised violence and experts on this matter, the EU Centre should serve as a platform to offer holistic support for the fight against child sexual abuse in all Member States. The Survivors’ Advisory Council may support the EU Centre’s activities to facilitate cross-border cooperation for existing national networks and the exchange of best practice. It may also raise awareness for child sexual abuse by serving as a knowledge platform through the coordination, collection and synthethis of research.
Amendment 140 #
Proposal for a regulation
Recital 75
Recital 75
(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect gender-disaggregated and age specific data, record and analyse information, based on anonymised gathering of non-personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question in gathering that information.
Amendment 148 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of usepublicly available number- independent interpersonal communications services where there is evidence that their service is routinely or systematically used for the purpose of online child sexual abuse, shall identify, analyse and assess, for each such service that they offer, risks stemming from the design, functioning , including algorithmic systems of the service for the purpose of online child sexual abuse.
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 150 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) any actual or foreseeable negative effects for the exercise of fundamental rights or possible breaches of EU law
Amendment 152 #
Proposal for a regulation
Article 3 – paragraph 2 – point a b (new)
Article 3 – paragraph 2 – point a b (new)
(ab) the protection of end-to-end encryption if applicable to the service
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1
Article 3 – paragraph 2 – point b – indent 1
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2
Article 3 – paragraph 2 – point b – indent 2
Amendment 155 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
– functionalities enabling age verificationthe effective protection of children online;
Amendment 156 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4
Article 3 – paragraph 2 – point b – indent 4
– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily accessible and age-appropriate and that respect users’ privacy;
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 159 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) the manner in which the provider designed and operates the service, including the business model, governance and relevant systems and processes, the design of their recommender systems and any other relevant algorithmic system and the impact thereof on that risk;
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point i
Article 3 – paragraph 2 – point e – point i
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii
Article 3 – paragraph 2 – point e – point ii
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 1
Article 3 – paragraph 2 – point e – point iii – indent 1
– enabling users to publicly search for other users and, in particular, for adult users to search for child users;
Amendment 164 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2
Article 3 – paragraph 2 – point e – point iii – indent 2
– enabling users to establishinitiate unsolicited contact with other users directly, in particular through private communications;
Amendment 165 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3
Article 3 – paragraph 2 – point e – point iii – indent 3
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The provider may request the EU Centre to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse,the methodology for risk assessment in order to support the risk assessment.
Amendment 168 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The costs incurred by the EU Centre for the performance of such an analysis shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium-sized enterprise, provided the request is. The EU centre may reject the request on the basis of that it is not reasonably necessary to support the risk assessment.
Amendment 169 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
Amendment 170 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point a
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) for a service which is subject to a detecn investigation order issued in accordance with Article 7, the provider shall update the risk assessment at the latest two months before the expiry of the period of application of the detection order;
Amendment 171 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments, trends reported by authorities, civil society organisations and victim support organisations, and to the manners in which the services covered by those provisions are offered and used.
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take reasonablpublicly available number- independent interpersonal communications services where there is substantial evidence that their service is routinely or systematically used for the purpose of online child sexual abuse shall take proportionate and effective mitigation measures, tailored to the serious risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) adapting, through appropriate technical and operational measures and staffing, the provider’s content moderation or recommender systems, its decision- making processes, the operation or functionalities of the service, or the content or enforcement of its t insofar as any changes are in full respect for the security and technical integrity of the service in order to protect the right to confidential communications of userms and conditions;that are not suspected of online child sexual abuse, and do not amount to general monitoring, nor indisciriminate data retention
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) providing technical measures and tools that allow users, and in particular children, to manage their own privacy, visibility, reachability and safety , and that are set to the most secure levels by default;
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) new informing users, keeping in mind children’s needs, about external resources and services in the user’s region on preventing child sexual abuse, counselling by help-lines, information on victim support and educational resources provided by hotlines and child protection organisations;
Amendment 176 #
Proposal for a regulation
Article 4 – paragraph 1 – point a c (new)
Article 4 – paragraph 1 – point a c (new)
(ac) New providing tools in a prominent way on their platform that allow users and potential victims to seek help from their local help-line
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 1 – point a d (new)
Article 4 – paragraph 1 – point a d (new)
(ad) automatic mechanisms and interface design elements to inform users about external preventive intervention programmes without prejudice to the prohibition of profiling under Article 22 GDPR and the processing of sensitive data under Article 9 GDPR
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) reinforcadapting the provider’s internal processes or the internal supervision of the functioning of the service;
Amendment 179 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of interpersonal communication services, public authorities, civil society organisations, hotlines or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] .
Amendment 181 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) without breaking, weakening, circumventing or otherwise undermining end-to-end encryption in the sense of people’s right to confidential communications;.
Amendment 182 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) effective and proportionate in mitigating the identified serious risk;
Amendment 183 #
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) new subject to an implementation plan with clear objectives and methodologies for identifying and quantifying impacts on the identified serious risk and on the exercise of the fundamental rights of all affected parties. The implementation plan shall be reviewed every six months.
Amendment 185 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk , any impact on the functionality of the service as well as the provider’s financial and technological capabilities and the number of users;
Amendment 186 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) applied in a diligent and non- discriminatory manner, having due regardassessing, in all circumstances, to the potential consequences of the mitigationspecific measures for the exercise of fundamental rights of all parties affected;
Amendment 189 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 190 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Any requirement to take specific measures shall be without prejudice to Article 8 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] and shall entail neither a general obligation for hosting services providers to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.
Amendment 191 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. PWhere appropriate, providers of hosting services and providers of interpersonal communications services shall clearly describe in their terms and conditionsof service, keeping in mind different possibilities of interpretation, the mitigation measures that they have taken. That description shall not include information that mais likely to significantly reduce the effectiveness of the mitigation measures.
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Specific measures for platforms primarily used for the dissemination of pornographic content Where an online platform is primarily used for the dissemination of user generated pornographic content, the platform shall take the necessary technical and organisational measures to ensure a. user-friendly reporting mechanisms to report alleged child sexual abuse material; b. adequate professional human content moderation to rapidly process notices of alleged child sexual abuse material; c. automatic mechanisms and interface design elements to inform users about external preventive intervention programmes in the user’s region.
Amendment 193 #
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
Amendment 195 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission, in cooperation with Coordinating Authorities , the European Data Protection Board and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2, 3 and 42, having due regard in particular to relevant technological developments, trends reported by authorities, civil society organisations and victim support organisations and in the manners in which the services covered by those provisions are offered and used.
Amendment 198 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) make reasonable efforts to assess, where possible together with the providers of software applications, wheensure that software applications can only make available on their platform software applications if prior to the use of their each service offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation of children;they have obtained the contact details of the provider of software application developing team, without prejudice to Open Source Software, where this may not be possible
Amendment 199 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 201 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 202 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Security of communications and services Nothing in this regulation shall be construed as requiring or encouraging the prohibition, restriction, circumvention or undermining of the provision or the use of encrypted services.
Amendment 203 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 204 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 205 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 208 #
Proposal for a regulation
Chapter II – Section 2 – title
Chapter II – Section 2 – title
2 DetecInvestigation obligations
Amendment 209 #
Proposal for a regulation
Article 7 – title
Article 7 – title
7 Issuance of detecinvestigation orders
Amendment 210 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent independent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detecto issue an investigation order requiring a provider of hosting services or a provider of publicly available number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detectassist in investigations of a suspected specific person, specific group of people, or a specific incident related to online child sexual abuse on a specific service.
Amendment 212 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The Coordinating Authority of establishment shall, before requesting the issuance of a detecn investigation order, carry out the investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met.
Amendment 213 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
To that end, it may, where appropriate, require the provider to submit the necessary information, additional to the report and the further information referred to in Article 5(1) and (3), respectively, within a reasonable time period set by that Coordinating Authority, or request the EU Centre, another public authority or relevant experts or entities to provide the necessary additional information.
Amendment 214 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a
Article 7 – paragraph 3 – subparagraph 1 – point a
(a) establish a draft request for the issuance of a detecn investigation order, specifying the factual and legal grounds upon which the request is based, the main elements of the content of the detecinvestigation order it intends to request and the reasons for requesting it;
Amendment 215 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point c
Article 7 – paragraph 3 – subparagraph 1 – point c
Amendment 216 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – introductory part
Article 7 – paragraph 3 – subparagraph 2 – introductory part
Where, having regard to the comments of the provider and the opinion of the EU Centre, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 havare met, it shall re-submit the draft request, adjusted where appropriate, to the provider. In that case, the provider shallquest the judicial validation of the inquiry/investigation order from the competent judicial authority responsible for the issuing of such orders pursuant to paragraph 4. Upon receipt of judicial validation of the order, the Coordinating Authority shall submit the order, adjusted where appropriate, to the provider. Prior to requesting the judicial validation of the investigation order, the Coordinating Authority shall request the provider to do all of the following, within a reasonable time period set by that Coordinating Authority:
Amendment 217 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a
Article 7 – paragraph 3 – subparagraph 2 – point a
(a) draft an implementation plan setting out the incident that the authority intends to investigate, the measures it envisages taking to execute the intended detecinvestigation order, including detailed information regarding the envisaged technologies and safeguards;
Amendment 218 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b
Article 7 – paragraph 3 – subparagraph 2 – point b
(b) where the draft implementation plan concerns an intended detection order concerning the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessment and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;
Amendment 221 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c
Article 7 – paragraph 3 – subparagraph 2 – point c
(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment and in order to take intoutmost account of the opinion of the data protection authority provided in response to the prior consultation;
Amendment 222 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point d
Article 7 – paragraph 3 – subparagraph 2 – point d
(d) submit to that Coordinating Authority the implementation plan, where applicable attaching the opinion of the competent data protection authority and specifying how the implementation plan has been adjusted in viewto take full account of the outcome of the data protection impact assessment and of that opinion.
Amendment 223 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Where, having regard to the implementation plan of the provider and taking utmost account of the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the validation and issuance of the detectioninvestigation order, adjusted where appropriate, to the competent judicial authority or independent administrative authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.
Amendment 224 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Amendment 225 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a
Article 7 – paragraph 4 – subparagraph 1 – point a
(a) there is evidence of a signpecificant risk of the service being used by one or more specific suspects for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;
Amendment 226 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b
Article 7 – paragraph 4 – subparagraph 1 – point b
(b) the reasons for issuing the detecinvestigation order outweighare necessary and proportionate and minimise negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.to protect the rights to privacy, data protection, free expression and access to information of users that are not suspects of online child sexual abuse, including child users
Amendment 227 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
(c) nothing in the investigation order can be construed as requiring or encouraging the provider to weaken, break, circumvent or otherwise undermine or limit the encryption, security, or other means of protecting the confidentiality of communications, of the platform or service of the provider as a whole.
Amendment 228 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point a
Article 7 – paragraph 4 – subparagraph 2 – point a
Amendment 230 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point b
Article 7 – paragraph 4 – subparagraph 2 – point b
Amendment 231 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c
Article 7 – paragraph 4 – subparagraph 2 – point c
Amendment 232 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d
Article 7 – paragraph 4 – subparagraph 2 – point d
Amendment 233 #
Proposal for a regulation
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. As regards detecinvestigation orders concerning the dissemination of known child sexual abuse material, the signpecificant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:
Amendment 234 #
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extentbeing used by the suspect or suspects of child sexual abuse for the dissemination of known child sexual abuse material;
Amendment 235 #
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) there is evidence of the service, or of a comparable service if the service has not yet having been offerused in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extentpast 12 months by one or more suspects of child sexual abuse for the dissemination of known child sexual abuse material.
Amendment 237 #
Proposal for a regulation
Article 7 – paragraph 6 – introductory part
Article 7 – paragraph 6 – introductory part
6. As regards detecinvestigation orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:
Amendment 238 #
Proposal for a regulation
Article 7 – paragraph 6 – point a
Article 7 – paragraph 6 – point a
(a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extentby one or more suspects of child sexual abuse, for the dissemination of new child sexual abuse material;
Amendment 239 #
Proposal for a regulation
Article 7 – paragraph 6 – point b
Article 7 – paragraph 6 – point b
(b) there is evidence of the service, or of a comparable service if the service has not yethaving been offerused in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extentpast 12 months by one or more suspects of child sexual abuse , for the dissemination of new child sexual abuse material;
Amendment 240 #
Proposal for a regulation
Article 7 – paragraph 6 – point c – point 1
Article 7 – paragraph 6 – point c – point 1
(1) a detecinvestigation order concerning the dissemination of known child sexual abuse material has been issued in respect of the service;
Amendment 241 #
Amendment 243 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
As regards detecinvestigation orders concerning the solicitation of children, the signpecificant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:
Amendment 244 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point a
Article 7 – paragraph 7 – subparagraph 1 – point a
(a) the provider qualifies as a provider of publicly available number-independent interpersonal communication services;
Amendment 245 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
(b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extentby one or more suspects of child sexual abuse, for the solicitation of children;
Amendment 246 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point c
Article 7 – paragraph 7 – subparagraph 1 – point c
(c) there is evidence of the service, or of a comparable service if the service has not yethaving been offerused in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extentpast 12 months by one or more suspects of child sexual abuse, for the solicitation of children.
Amendment 247 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 2
Article 7 – paragraph 7 – subparagraph 2
Amendment 248 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the judicial validation and the issuance of detecinvestigation orders, and the competent judicial or independent administrative authority when issuing the detecinvestigation order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereofand proportionate to obtain the information required to effectively investigate the case , and collect the information required to assess the existence of a criminal case.
Amendment 249 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2
Article 7 – paragraph 8 – subparagraph 2
To that aimend, they shall take into account all relevant parameters, including the availability of sufficiently reliable detectioninvestigative technologies in that they limit to the maximum extent possible the rate of errors regarding the detecinvestigation and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures.
Amendment 250 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a
Article 7 – paragraph 8 – subparagraph 3 – point a
(a) where that riske suspicion of online child sexual abuse by one or more specific individuals is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component;
Amendment 251 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point b
Article 7 – paragraph 8 – subparagraph 3 – point b
(b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for;
Amendment 252 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 a (new)
Article 7 – paragraph 8 – subparagraph 3 a (new)
(d) nothing in the investigation order can be construed as requiring or encouraging the provider to weaken, break, circumvent or otherwise undermine or limit the encryption, security, or other means of protecting the confidentiality of communications, of the platform or service of the provider.
Amendment 253 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authority shall specify in the detecinvestigation order the period during which it applies, indicating the start date and the end date.
Amendment 254 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2
Article 7 – paragraph 9 – subparagraph 2
The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detecinvestigation order. It shall not be earlier than three months from the date at which the provider received the detecinvestigation order and not be later than 12 months from that date.
Amendment 255 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3
Article 7 – paragraph 9 – subparagraph 3
The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 monthsinvestigation orders shall be proportionate, taking all relevant factors into account.
Amendment 256 #
Proposal for a regulation
Article 8 – title
Article 8 – title
8 Additional rules regarding detecinvestigation orders
Amendment 257 #
Proposal for a regulation
Article 8 – title
Article 8 – title
8 Additional rules regarding detecinvestigation orders
Amendment 258 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent judicial authority or independent administrative authority shall issue the detecinvestigation orders referred to in Article 7 using the template set out in Annex I. DetecInvestigation orders shall include:
Amendment 259 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) information regarding the measures to be taken to execute the detecinvestigation order, including on the suspect or group of suspects or incident concerned, the temporal scope, the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8); All rights with respect to being a suspect under EU law must be upheld.
Amendment 260 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) identification details of the competent judicial authority or the independent administrative authority issuing the detecinvestigation order and authentication of the detecat investigation order by that judicial or independent administrative authority;
Amendment 261 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the specific service in respect of which the detecinvestigation order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8);
Amendment 263 #
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) whether the detecinvestigation order issued concerns the possible dissemination of known or newpreviously unknown child sexual abuse material or the solicitation of children;
Amendment 264 #
Proposal for a regulation
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) the start date and the end date of the detecinvestigation order;
Amendment 265 #
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) a sufficiently detailed statement of reasons explaining why the detecinvestigation order is issued;
Amendment 266 #
Proposal for a regulation
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
(h) the factual and legal grounds justifying the issuing of the order, and a reference to this Regulation as the legal basis for the detecinvestigation order;
Amendment 267 #
Proposal for a regulation
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
(i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detecinvestigation order;
Amendment 268 #
Proposal for a regulation
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
(j) easily understandable information about the redress available to the addressee of the detecinvestigation order, including information about redress to a court and about the time periods applicable to such redress.
Amendment 269 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The competent judicial authority or independent administrative authority issuing the detecinvestigation order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
Amendment 270 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The detecinvestigation order shall be securely transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2).
Amendment 271 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
The detecinvestigation order shall be drafted in the language declared by the provider pursuant to Article 23(3).
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. If the provider cannot execute the detecinvestigation order because it contains manifest errorserrors or it appears unnecessary or disproportionate, in particular on the rights and freedoms of persons not reasonably suspected of online child sexual abuse or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary correction or clarification to the Coordinating Authority of establishment, using the template set out in Annex II.
Amendment 273 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 274 #
Proposal for a regulation
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
4b. Notification mechanism 1. Providers of hosting services and providers of interpersonal communication services shall establish mechanisms that allow users to notify to them the presence on their service of specific items or activities that the user considers to be potential child sexual abuse material, in particular previously unknown child sexual abuse material and solicitation of children. Those mechanisms shall be easy to access and user-friendly, child-friendly and shall allow for the submission of notices exclusively by electronic means. 2. Where the notice contains the electronic contact information of the user who submitted it , the provider shall without undue delay send a confirmation or receipt to the user. 3. Providers shall ensure that such notices are processed without undue delay.
Amendment 275 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Redress, information, reporting and modification of detecinvestigation orders
Amendment 276 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services that have received a detecn investigation order, as well as usersthe suspect(s) affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detecinvestigation order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detecinvestigation order.
Amendment 277 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
When the detecinvestigation order becomes final, the competent judicial authority or independent administrative authority that issued the detecinvestigation order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 278 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
For the purpose of the first subparagraph, a detecn investigation order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the detecinvestigation order following an appeal.
Amendment 279 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Where the period of application of the detecinvestigation order exceeds 12 months, or six months in the case of a detecn investigation order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detecinvestigation order at least once, halfway through the period of application.
Amendment 280 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Those reports shall include a detailed description of the measures taken to execute the detecinvestigation order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected.
Amendment 281 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
In respect of the detecinvestigation orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detecinvestigation orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the signpecificant risk identified at the time of the issuance of the detecinvestigation order.
Amendment 282 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detecinvestigation order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.
Amendment 290 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where a provider of hosting services or a provider of interpersonal communications services becomes awarepublicly available number-independent interpersonal communications services has actual knowledge of alleged online child sexual abuse on its services in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report using state of the art encryption thereon to the EU Centre in accordance with Article 13 and shall expeditiously disable access to such content, and remove such content once the EU Centre confirms this will not prejudice an ongoing investigation. It shall do so through the system established in accordance with Article 39(2).
Amendment 291 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Where the provider submits a report pursuant to paragraph 1, it shall inform the user concerned, providingrequest authorisation from the EU Centre to inform the user concerned, where the Centre shall reply without undue delay, at maximum within two days. The notification to the user shall include information on the main content of the report, on the manner in which the provider has become aware of the potentialalleged child sexual abuse concerned, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Coordinating Authority in accordance with Article 34.
Amendment 292 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be manifestly unfounded as establish and operate an accessible and user-friendly mechanism with age-appropriate options that allows users to flag, anonymously if preferred, to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs firstthe provider potential online child sexual abuse or potential solicitation of children on the service.
Amendment 293 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Amendment 294 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flagwith age-appropriate options that allows users to flag, anonymously if preferred, to the provider potential online child sexual abuse or potential solicitation of children on the service.
Amendment 297 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include:
Amendment 298 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) all content data, including images, videos and text;encrypted versions of all child sexual abuse , being reported
Amendment 299 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) a list of all available data other than content data related to the potential online child sexual abuse preserved in line with the preservation order in article 8a;
Amendment 300 #
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
(da) a list of all traffic data and metadata retained in relation to the potential online child sexual abuse, which could be made available to law enforcement authorities, together with information concerning default storage periods.
Amendment 301 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
Amendment 302 #
Proposal for a regulation
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
Amendment 303 #
Proposal for a regulation
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
(i) where the potentiaalleged l online child sexual abuse concerns the dissemination of known or newpreviously unknown child sexual abuse material, whether the provider has removed or disabled access to the material;
Amendment 304 #
Proposal for a regulation
Article 13 – paragraph 1 – point j
Article 13 – paragraph 1 – point j
(j) in indication whether the provider considers that the report requires urgent action;
Amendment 305 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hostingto issue a removal order requiring a provider of hosting services or publicly available number-independent interpersonal communications services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1)competent judicial authority identified as constituting child sexual abuse material.
Amendment 306 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Before requesting a removal order, the Coordinating Authority of establishment and competent judicial authority shall take all reasonable steps to ensure that implementing the order will not interfere with activities for the investigation and prosecution of child sexual abuse offences.
Amendment 307 #
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. Removal orders shall be issued by judicial authorities in line with Article 9 on Orders to act against illegal content of the Regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 308 #
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. The competent judicial authority or the independent administrative authority shall issue a removal order using the template set out in Annex IV. Removal orders shall include:
Amendment 309 #
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) identification details of the judicial or independent administrative authority issuing the removal order and authentication of the removal order by that authority;
Amendment 310 #
Proposal for a regulation
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
Amendment 311 #
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the removal order;
Amendment 312 #
Proposal for a regulation
Article 14 – paragraph 3 – point i
Article 14 – paragraph 3 – point i
(i) easily understandable and accessible information about the redress options that the service has to make available to the addressee of the removal order in their language setting, including information about redress to a court and about the time periods applicable to such redress. , taking into account the different needs of people with a disability
Amendment 313 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
The judicial authority or the independent administrative issuing the removal order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
Amendment 314 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
If the provider cannot execute the removal order on grounds of force majeure or de facto impossibility not attributable to it, including for objectively justifiable technical or operational reasons, it shall, without undue delay, inform the Coordinating Authority of establishment of those grounds including evidence, using the template set out in Annex V.
Amendment 315 #
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 1
Article 14 – paragraph 6 – subparagraph 1
If the provider cannot execute the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex V. The Coordinating Authority shall reply without undue delay, at maximum within two days.
Amendment 316 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Providers of hosting services or publicly available number-independent interpersonal communications services that have received a removal order issued in accordance with Article 14, as well as the users who providedengaged with the material, shall have the right to an effective, and if applicable, collective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the removal order.
Amendment 317 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
When the removal order becomes final, the competent judicial authority or independent administrative authority that issued the removal order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 318 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) the reasons for the removal or disabling, providing a copy of the removal order upon the user’s request;
Amendment 319 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 (new)
Article 15 – paragraph 3 – subparagraph 1 (new)
Amendment 321 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
Amendment 323 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
Amendment 324 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point a
Article 15 – paragraph 4 – subparagraph 2 – point a
Amendment 325 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point b
Article 15 – paragraph 4 – subparagraph 2 – point b
Amendment 326 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point c
Article 15 – paragraph 4 – subparagraph 2 – point c
Amendment 327 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
Amendment 328 #
Proposal for a regulation
Chapter II – Section 5
Chapter II – Section 5
Amendment 329 #
Proposal for a regulation
Article 16
Article 16
Amendment 330 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 332 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Amendment 333 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 334 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point a
Article 16 – paragraph 2 – subparagraph 2 – point a
Amendment 335 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
Amendment 336 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point c
Article 16 – paragraph 2 – subparagraph 2 – point c
Amendment 337 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point d
Article 16 – paragraph 2 – subparagraph 2 – point d
Amendment 340 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 341 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Amendment 342 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point a
Article 16 – paragraph 4 – subparagraph 1 – point a
Amendment 343 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b
Article 16 – paragraph 4 – subparagraph 1 – point b
Amendment 344 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point c
Article 16 – paragraph 4 – subparagraph 1 – point c
Amendment 345 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point d
Article 16 – paragraph 4 – subparagraph 1 – point d
Amendment 346 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Amendment 347 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 348 #
Proposal for a regulation
Article 16 – paragraph 5 – point a
Article 16 – paragraph 5 – point a
Amendment 349 #
Proposal for a regulation
Article 16 – paragraph 5 – point b
Article 16 – paragraph 5 – point b
Amendment 350 #
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 1
Article 16 – paragraph 6 – subparagraph 1
Amendment 351 #
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 2
Article 16 – paragraph 6 – subparagraph 2
Amendment 353 #
Proposal for a regulation
Article 16 – paragraph 7 – subparagraph 1
Article 16 – paragraph 7 – subparagraph 1
Amendment 354 #
Proposal for a regulation
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
Amendment 355 #
Proposal for a regulation
Article 17
Article 17
Amendment 356 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 357 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 358 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 359 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 360 #
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 361 #
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
Amendment 362 #
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 363 #
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 364 #
Proposal for a regulation
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 365 #
Proposal for a regulation
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
Amendment 366 #
Proposal for a regulation
Article 17 – paragraph 1 – point i
Article 17 – paragraph 1 – point i
Amendment 367 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 368 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 369 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 370 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 371 #
Amendment 372 #
Proposal for a regulation
Article 18
Article 18
Amendment 373 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 374 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Amendment 375 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Amendment 376 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 377 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 378 #
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
Amendment 379 #
Proposal for a regulation
Article 18 – paragraph 4 – point b
Article 18 – paragraph 4 – point b
Amendment 380 #
Proposal for a regulation
Article 18 – paragraph 4 – point c
Article 18 – paragraph 4 – point c
Amendment 381 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Amendment 382 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 2
Article 18 – paragraph 5 – subparagraph 2
Amendment 383 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 386 #
Proposal for a regulation
Article 20 – title
Article 20 – title
20 Victims’ right to information and support
Amendment 387 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Amendment 390 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Victims of child sexual abuse or their representatives and persons living in the Union shall have the right to receive, upon their request, from the Coordinating Authority information regarding victim’s rights, support and assistance. The information shall be age-appropriate, accessible and gender-sensitive and shall include at a minimum: (a) the type of support they can obtain and from whom, including, where relevant, basic information about access to medical support, any specialist support, including psychological or social support, and alternative accommodation; (b) the procedures for making complaints with regard to a criminal offence and their role in connection with such procedures; ( c) how and under what conditions they can obtain protection, including protection measures; (d) how and under what conditions they can access legal advice, legal aid and any other sort of advice; (e) how and under what conditions they can access compensation; (f) how and under what conditions they are entitled to interpretation and translation;
Amendment 392 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 b (new)
Article 20 – paragraph 1 – subparagraph 1 b (new)
In case a victim or victim representative indicates the preference for a periodic request, the Coordinating Authority shall submit without delay, the information referred to in paragraph 3 proactively to the requester after the first submitted reply, in any new instances of reports referred to in paragraph 1 on a weekly basis. Victims or victim representatives can terminate the periodic request at any time by notifying the Coordinating Authority in question.
Amendment 394 #
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) where applicable, the individual or entity that is to receive the information on behalfformally assisting or representing the person that is to receive the information on behalf of the person making the request with verifiable proof of approval of the person making the request;
Amendment 395 #
(c) sufficient elements to demonstrverify thate the identity ofchild sexual abuse material in question matches with the person making the request.
Amendment 396 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 (new)
Article 20 – paragraph 2 – subparagraph 1 (new)
(d) an indication if the request is occasional or should cover a certain time period
Amendment 397 #
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the identification of the provider(s) that submitted the report;
Amendment 398 #
Proposal for a regulation
Article 20 – paragraph 3 – point b
Article 20 – paragraph 3 – point b
(b) the date(s) of the report(s);
Amendment 399 #
Proposal for a regulation
Article 20 – paragraph 3 – point c
Article 20 – paragraph 3 – point c
(c) whether the EU Centre forwarded the report(s) in accordance with Article 48(3) and, if so, to which authorities;
Amendment 400 #
Proposal for a regulation
Article 20 – paragraph 3 – point d
Article 20 – paragraph 3 – point d
(d) whether the provider reported having removed or disabled access to the material, and in case, including all related information, in accordance with Article 13(1), point (i).
Amendment 402 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 (new)
Article 20 – paragraph 3 – subparagraph 1 (new)
(e) if there were appeals to such removal and all related information (f) new relevant age-appropriate, accessible and gender-sensitive information on victim support and assistance in the victim’s region
Amendment 404 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonablewithout delay, assistance, on request, to persons residingvictims of child sexual abuse material hosted or disseminated in the Union or their representatives or persons in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.
Amendment 406 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Professionals likely to come into contact with victims of child sexual abuse shall be adequately trained to deal with such victims, taking into account gender sensitivities.
Amendment 407 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 410 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The requests referred to in paragraphs 1 and 2 shall indicate the relevant item or items of child sexual abuse material and any other relevant information.
Amendment 411 #
Proposal for a regulation
Article 21 – paragraph 4 – point b
Article 21 – paragraph 4 – point b
(b) verifying whether and when the provider removed or disabled access to that item or those items, including by conducting the searches referred to in Article 49(1);
Amendment 412 #
Proposal for a regulation
Article 21 – paragraph 4 – point d
Article 21 – paragraph 4 – point d
(d) where necessary, informing the Coordinating Authority of establishment of the presence of that item or those items on the provider’s service, with a view to the issuance of a removal order pursuant to Article 14 and the obligations under Article 21.
Amendment 413 #
Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 1 (new)
Article 21 – paragraph 4 – subparagraph 1 (new)
(e) information regarding victim’s rights, assistance and support pursuant to Article 21.
Amendment 418 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall, by [Date - two months from the date of entry into force of this Regulation], designate one or more competent authorities as responsible for the application and enforcement of this Regulation and to the achievement of the objective of this Regulation and enforcement of Directive 2011/93/EU (‘competent authorities’).
Amendment 419 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation, and to the achievement of the objective of this Regulation and enforcement of Directive 2011/93/EU in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities.
Amendment 420 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3
Article 25 – paragraph 2 – subparagraph 3
The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective, efficient and consistent application and enforcement of this Regulation and Directive 2011/93/EU throughout the Union.
Amendment 422 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Each Member State shall ensure that a sufficiently staffed contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation and enforcement of Directive 2011/93/EU in that Member State. Member States shall make the information on the contact point publicly available and communicate itwidely accessible through gender-sensitive and age-appropriate online and offline awareness raising campaigns and communicate this information to the EU Centre. They shall keep that information updated.
Amendment 425 #
Proposal for a regulation
Article 25 – paragraph 7 – point a
Article 25 – paragraph 7 – point a
(a) provide certain information or technical expertise on matters covered by this Regulation;
Amendment 427 #
Proposal for a regulation
Article 25 – paragraph 7 – point a a (new)
Article 25 – paragraph 7 – point a a (new)
(aa) provide information and expertise on gender-sensitive and age appropriate victim support and prevention of online child sexual abuse
Amendment 429 #
Proposal for a regulation
Article 25 – paragraph 7 – point c
Article 25 – paragraph 7 – point c
(c) verify the possible need to request competent nationjudicial authorities to issue a detecn investigation order, or a removal order or a blocking order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority;
Amendment 430 #
Proposal for a regulation
Article 25 – paragraph 7 – point d
Article 25 – paragraph 7 – point d
(d) verify the effectiveness of a detecn investigation order or a removal order issued upon the request of the requesting Coordinating Authority or judicial authorities.
Amendment 431 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The EU Centre shall provide such assistance free of charge and in accordance with its tasks and obligations under this Regulation and insofar as its resources and priorities allow.
Amendment 435 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 436 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) are legally and functionally independent from any other public authorityies;
Amendment 437 #
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
Amendment 438 #
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. Paragraph 2 shall not prevent the Coordinating Authority of any membership in a recognised international network as it shall not prejudice its independent character;
Amendment 439 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Coordinating Authorities shall ensure that relevant members of staff have the required qualifications, experience and technical skills to perform their duties. They shall also ensure that members of staff coming into contact with victims are adequately and frequently trained in intersectional victim support.
Amendment 440 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The Coordinating Authorities shall ensure that the appointment of management and hiring of staff is subject to an employment background check,
Amendment 441 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. The management and other staff of the Coordinating Authorities shall, in accordance with Union or national law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks. Member States shall ensure that the management and other staff are subject to rules guaranteeing that they can carry out their tasks in an objective, impartial and independent manner, in particular as regards their appointment, dismissal, remuneration and career prospects. Coordinating Authorities shall take into account the application of Directive 2021/93/EU on Pay Transparency.
Amendment 442 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Users shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services, including through an individual or entity formally assisting or representing them , alleging an infringement of this Regulation or infringements of their fundamental rights resulting from this Regulation with the Coordinating Authority designated by the Member State where the user resides or is established. or by a Coordinating Authority of their choosing
Amendment 443 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. The Coordinating authority shall offer easy to use mechanisms to anonymously submit information about infringements of this Regulation"
Amendment 444 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Coordinating Authorities shall provide child-friendlyage-appropriate and accessible mechanisms to submit a complaint under this Article and adopt a childn age-appropriate and gender-sensitive approach when handling complaints submitted by children, taking due account of the child's age, maturityperson’s age, if indicated, views, needs and concerns. The processing of complaints shall take into account due diligence and will provide necessary information to the complainant.
Amendment 448 #
Proposal for a regulation
Article 43 – title
Article 43 – title
Tasks of the EU CentreAgency on Child Protection
Amendment 449 #
Proposal for a regulation
Article 43 – paragraph -1 (new)
Article 43 – paragraph -1 (new)
-1 The objective of the Agency shall be to provide the relevant institutions, bodies, offices and agencies of the EU and its Member States as well as civil society organisations and research bodies when involved with implementing EU law with assistance, expertise and coordination in relation to the preventing and combating of child sexual abuse, in order to support them when taking measures or formulating courses of action within their respective spheres of competence with full respect of fundamental rights
Amendment 450 #
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
The EU CentreAgency shall:
Amendment 451 #
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a
Article 43 – paragraph 1 – point 1 – point a
(a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant gender-sensitive and age-disaggregated information, expertise and best practices, taking into account advice from the Technology Committee and the Survivor’s Advisory Board referred to in Article 66 and 66a (new);
Amendment 453 #
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point b
Article 43 – paragraph 1 – point 1 – point b
(b) upon request from a provider of relevant information services, providing an analysis of anonymised data samplesthe methodology for risk assessment for the purpose referred to in Article 3(3);
Amendment 454 #
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – introductory part
Article 43 – paragraph 1 – point 2 – introductory part
(2) facilitate the detection procesinvestigation orders referred to in Section 2 of Chapter II, by:
Amendment 455 #
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point a
Article 43 – paragraph 1 – point 2 – point a
Amendment 456 #
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point b
Article 43 – paragraph 1 – point 2 – point b
(b) maintaining and operating the databases of indicators referred to in Article 44;of known child sexual abuse material
Amendment 457 #
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point c
Article 43 – paragraph 1 – point 2 – point c
(c) giving providers of hosting services and providers of interpersonal communications services that received a detecn investigation order access to the relevant databases of indicators in accordance with Article 46;
Amendment 458 #
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point d
Article 43 – paragraph 1 – point 2 – point d
(d) making technologies available to providers for the execution of detecinvestigation orders issued to them, in accordance with Article 50(1);
Amendment 459 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point b
Article 43 – paragraph 1 – point 4 – point b
Amendment 460 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point c
Article 43 – paragraph 1 – point 4 – point c
Amendment 462 #
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – introductory part
Article 43 – paragraph 1 – point 5 – introductory part
(5) support the Coordinating Authorities and the Commission in the performance of their tasks under this Regulation and facilitate the exchange of best practices, cooperation, coordination and communication in connection to matters covered by this Regulation, by:
Amendment 463 #
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – point f
Article 43 – paragraph 1 – point 5 – point f
(f) providing information to Coordinating Authorities, upon their request or on its own initiative, relevant for the performance of their tasks under this Regulation, including by informing the Coordinating Authority of establishment of potential infringements identified in the performance of the EU CentreAgency’s other tasks;
Amendment 465 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – introductory part
Article 43 – paragraph 1 – point 6 – introductory part
(6) facilitate the generation and sharing of knowledge and best practices with other Union institutions, bodies, offices and agencies, Coordinating Authorities or other relevant authorities of the Member States to contribute to the achievement of the objective of this Regulation, by:
Amendment 467 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a
Article 43 – paragraph 1 – point 6 – point a
(a) collecting, recording, analysing and providing gender and age disaggregated data and information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse and victim support, in accordance with Article 51;
Amendment 469 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b
Article 43 – paragraph 1 – point 6 – point b
(b) supporting the development and dissemination of gender-responsive research and expertise on those matters and on gender and age sensitive assistance to victims, including by serving as a hub of expertise to support evidence-based policy and by linking researchers to practitioners;
Amendment 476 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 (new)
Article 43 – paragraph 1 – subparagraph 1 (new)
(7) refer victims to the appropriate bodies and services for relevant victim support and assistance according to their needs. (8) set up a public anonymous reporting service for reports concerning child sexual abuse material for all persons in the Union
Amendment 479 #
The EU CentreAgency shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detecinvestigation orders in accordance with Article 10(1).
Amendment 480 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
Article 50 – paragraph 1 – subparagraph 2
To that aim, the EU CentreAgency shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2).
Amendment 481 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 3
Article 50 – paragraph 1 – subparagraph 3
Before including specific technologies on those lists, the EU Centre shallAgency shall conduct a holistic human rights impact assessment on those technologies by requesting the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That of the request by the EU agency. The EU Agency shall ensure all needed information is made available in order to form a balanced opinion and conduct the human rights impact assessment. This period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU CentreAgency of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. This process must be repeated on a yearly basis.
Amendment 482 #
Proposal for a regulation
Article 50 – paragraph 2 – introductory part
Article 50 – paragraph 2 – introductory part
2. The EU CentreAgency shall collect, record, analyse andggregate, analyse and proactively make available relevant, objective, reliable and comparable gender and age disaggregated data and information on matters related to the prevention and combating of child sexual abuse, to relevant bodies, Member States, EU institutions and relevant civil society organisations and research institutes in particular:
Amendment 485 #
Proposal for a regulation
Article 50 – paragraph 2 – point a
Article 50 – paragraph 2 – point a
(a) information obtained in the performance of its tasks under this Regulation concerning detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse;
Amendment 486 #
Proposal for a regulation
Article 50 – paragraph 2 – point c
Article 50 – paragraph 2 – point c
(c) information resulting from research or other activities conducted by Member States’ authorities, other Union institutions, bodies, offices and agencies, the competent authorities of third countries, international organisations, research centres and civil society organisations including hotlines.
Amendment 487 #
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 1 (new)
Article 50 – paragraph 2 – subparagraph 1 (new)
(d) information obtained in the performance of its tasks under this Regulation concerning victim assistance and support
Amendment 489 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Where necessary for the performance of its tasks under this Regulation, the EU CentreAgency shall carry out, participate in or encourage research, surveys and studies, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the CommissMember States, Coordinating Authorities or the EU institution.s
Amendment 490 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. The EU CentreAgency shall provide the information referred to in paragraph 2 and the information resulting from the research, surveys and studies referred to in paragraph 3, including its analysis thereof, and its opinions on matters related to the prevention and combating of online child sexual abuse to other Union institutions, bodies, offices and agencies, Coordinating Authorities, other competent authorities including hotlines and other public authorities of the Member States, either on its own initiative or at request of the relevant authority. Where appropriate, the EU CentreAgency shall make such information publicly available.
Amendment 493 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. The EU CentreAgency shall develop a gender and age sensitive communication strategy and promoteexchange in dialogue with civil society organisations, hotlines and providers of hosting or interpersonal communication services and other relevant stakeholders to raise public awareness of online child sexual abuse, specifically online and measures to prevent and combat such abuse and victim support.
Amendment 494 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where necessary for the performance of its tasks under this Regulation, the EU Centre mayAgency shall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse and victim support, including civil society organisations and hotlines and semi-public organisations.
Amendment 496 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The EU Centre may conclude memoranda of understandingAgency shall conclude operational cooperation agreements with organisations referred to in paragraph 1, laying down the terms of cooperation.
Amendment 497 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
The administrative and management structure of the EU CentreAgency shall comprise:
Amendment 498 #
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 1 (new)
Article 55 – paragraph 1 – subparagraph 1 (new)
(f) a Survivors’ Advisory Board which shall exercise the tasks set out in Article 66b.
Amendment 500 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and twoone representatives of the Commission and one representative of the European Parliament and shall be gender-balanced, all as members with voting rights.
Amendment 501 #
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 (new)
Article 56 – paragraph 1 – subparagraph 1 (new)
Amendment 503 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
Amendment 505 #
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/their absence.
Amendment 506 #
Proposal for a regulation
Article 56 – paragraph 3 a (new)
Article 56 – paragraph 3 a (new)
3a. The Chair and the Deputy Chair of the Management Board shall be elected by all representatives with a simple majority with a term of four years, with one possible re-election for another term.
Amendment 507 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Members of the Management Board and their alternates shall be appointed in the light of their knowledgproven expertise in the field of preventing and combating child sexual abuse and victim support, taking into account relevant managerial, administrative and budgetary skills. Member States shall appoint a representative of their Coordinating Authority, within four months of [date of entry into force of this Regulation]. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties shall aim to achieve a balanced representation between men and women on the Management Boardof society regarding their representatives in terms of gender, age, ethnic origin and socio-economic background if candidates wish to disclose so.
Amendment 509 #
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) give the general orientations for the EU CentreAgency's activities;
Amendment 510 #
Proposal for a regulation
Article 57 – paragraph 1 – point c
Article 57 – paragraph 1 – point c
(c) adopt transparency rules for the prevention and management of conflicts of interest in respect of its members, as well as for the members of the Technological Committee and of any other advisory group it may establishthe Survivors Advisory Board and publish annually on its website the declaration of interests of the members of the Management Board, Technological Committee and the Survivors Advisory Board;
Amendment 512 #
Proposal for a regulation
Article 57 – paragraph 1 – point f
Article 57 – paragraph 1 – point f
(f) appoint the members of the Technology Committee, and of any other advisory group it may establish;the Survivors Advisory Board
Amendment 513 #
Proposal for a regulation
Article 57 – paragraph 1 – point g
Article 57 – paragraph 1 – point g
Amendment 514 #
Proposal for a regulation
Article 57 – paragraph 1 – subparagraph 1 (new)
Article 57 – paragraph 1 – subparagraph 1 (new)
(i) consult the Survivors’ Advisory Board as regards the obligations referred to in points (a), and (h) of this Article.
Amendment 516 #
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1
Article 61 – paragraph 1 – subparagraph 1
The Executive Board shall be composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and twoone representatives of the Commission to the Management Boarand the European Parliament respectively to the Management Board. The Executive board shall be gender-balanced. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board.
Amendment 517 #
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The term of office of members of the Executive Board shall be four years. In the course of the 12 months preceding the end of the four-year term of office of the Chairperson and five members of the Executive Board, the Management Board or a smaller committee selected among Management Board members including a Commission representative shall carry out an assessment of performance of the Executive Board. The assessment shall take into account an evaluation of the Executive Board members’ performance and the EU CentreAgency’s future tasks and challenges. Based on the assessment, the Management Board may extend their term of office once.
Amendment 518 #
Proposal for a regulation
Article 64 – paragraph 4 – point e a (new)
Article 64 – paragraph 4 – point e a (new)
(ea) implementing gender mainstreaming and gender budgeting in all areas, including drafting a gender action plan (GAP).
Amendment 519 #
Proposal for a regulation
Article 64 – paragraph 4 – point f
Article 64 – paragraph 4 – point f
(f) preparing the Consolidated Annual Activity Report (CAAR) on the EU Centre’s activitiesAgency’s activities , including the activities of the Technology Committee and the Survivors’ Advisory Board and presenting it to the Executive Board for assessment and adoption;
Amendment 520 #
Proposal for a regulation
Article 64 – paragraph 4 – point g
Article 64 – paragraph 4 – point g
(g) preparing an action plan following- up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-Fraud Office (OLAF) and by the European Public Prosecutor’s Office (EPPO) and reporting on progress twice a year to the Commission and the European Parliament and regularly to the Management Board and the Executive Board;
Amendment 522 #
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. The Technology Committee shall consist of technical and online sexual abuse material experts appointed by the Management Board in view of their excellence and their independence from corporate interests, following the publication of a call for expressions of interest in the Official Journal of the European Union. Its members shall be appointed for a term of four years, renewable once. On the expiry of their term of office, members shall remain in office until they are replaced or until their appointments are renewed. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remainder of the term by a member appointed by the Management Board. The Members shall be gender- balanced in its composition.
Amendment 525 #
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. When a member no longer meets the criteria of independence, he or she shall inform the Management Board. Alternatively, the Management Board may declare, on a proposal of at least one third of its members or of the Commission, a lack of independence and revoke appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure for ordinary members.
Amendment 526 #
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Amendment 528 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Each year the Executive Director shall draw up a draft statement of estimates of the EU CentreAgency’s revenue and expenditure for the following financial year, including an establishment plan, and shall gender analysis and shall use gender mainstreaming and gender budgeting and send it to the Executive Board.
Amendment 530 #
4. The EU CentreAgency’s expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs including fair remuneration of members of the Management Board, Technology Committee and the Survivor’s Advisory Board.
Amendment 531 #
Proposal for a regulation
Article 69 – paragraph 5 a (new)
Article 69 – paragraph 5 a (new)
5a. The budget shall comply with the principle of gender mainstreaming and the practise of gender budgeting shall be implemented.
Amendment 532 #
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Executive Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations. and shall ensure that the hiring of staff takes into account results from an employment background check, sufficient skills and experience and gender-balance and diversity
Amendment 533 #
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The EU CentreAgency staff, in particular those working in areas related to detecinvestigation,, reporting and removal of online child sexual abuse, shall have access to appropriate training, counselling and support services or will be met in other physical or socio-psychological needs.
Amendment 534 #
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The EU CentreAgency may make use of seconded national experts or other staff not employed by it, while taking into consideration gender-balance.