BETA

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
2023/06/28
Committee: FEMM
Dossiers: 2022/0155(COD)
Documents: PDF(331 KB) DOC(193 KB)
Authors: [{'name': 'Heléne FRITZON', 'mepid': 197391}]

Amendments (352)

Amendment 48 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 49 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 53 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 57 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 58 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 59 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 61 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 64 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 68 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 70 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 72 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 74 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 75 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 76 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 77 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 78 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 79 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 80 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 81 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 82 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 83 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 84 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 85 #
Proposal for a regulation
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. .
2023/05/08
Committee: FEMM
Amendment 87 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 88 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 90 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 92 #
Proposal for a regulation
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 .
2023/05/08
Committee: FEMM
Amendment 94 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 95 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 98 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 99 #
Proposal for a regulation
Recital 25
(25) Where new services are concerned, that is, services not previously offered in the Union, the evidence available on the potential misuse of the service in the last 12 months is normally non-existent. Taking this into account, and to ensure the effectiveness of this Regulation, the Coordinating Authority should be able to draw on evidence stemming from comparable services when assessing whether to request the issuance of a detection order in respect of such a new service. A service should be considered comparable where it provides a functional equivalent to the service in question, having regard to all relevant facts and circumstances, in particular its main characteristics and functionalities, the manner in which it is offered and used, the user base, the applicable terms and conditions and risk mitigation measures, as well as the overall remaining risk profile.deleted
2023/05/08
Committee: FEMM
Amendment 100 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 102 #
Proposal for a regulation
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 .
2023/05/08
Committee: FEMM
Amendment 104 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 105 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 106 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 108 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 109 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 110 #
Proposal for a regulation
Recital 34
(34) Considering that acquiring, possessing, knowingly obtaining access and transmitting child sexual abuse material constitute criminal offences under Directive 2011/93/EU, it is necessary to exempt providers of relevant information society services from criminal liability when they are involved in such activities, insofar as their activities remain strictly limited to what is needed for the purpose of complying with their obligations under this Regulation and they act in good faith.deleted
2023/05/08
Committee: FEMM
Amendment 112 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 114 #
Proposal for a regulation
Recital 35 a (new)
(35a) As pointed out in the Commission Strategy 1a, children themselves need to have the knowledge and tools that could help them not to be confronted with the abuse when possible and they need to be informed that certain behaviours are not acceptable. The Commission-funded network of Safer Internet Centres raises awareness on online safety and provides information, resources and assistance via helplines and hotlines on a wide range of digital safety topics including grooming and sexting. The One in Five campaign by the Council of Europe and Europol’s “#SayNo” initiative are further examples of how this can be done. When abuse occurs, children need to feel secure and empowered to speak up, react and report, even when the abuse comes from within their circle of trust, as it is often the case. They also need to have access to safe, accessible and age-appropriate channels to report the abuse without fear. As stated in the Recommendation of the UN Committee on the Rights of the Child 1b, States parties should ensure that digital literacy is taught in schools, as part of basic education curricula, from the preschool level and throughout all school years, and that such pedagogies are assessed on the basis of their results. Curricula should include the knowledge and skills to safely handle a wide range of digital tools and resources, including those relating to content, creation, collaboration, participation, socialization and civic engagement EU strategy for a more effective fight against child sexual abuse. _________________ 1a COM(2020) 607 final, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU strategy for a more effective fight against child sexual abuse 1b CRC/C/GC/25 , General comment No. 25 (2021) on children’s rights in relation to the digital environment from UN Committee on the Rights of the Child
2023/05/08
Committee: FEMM
Amendment 115 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 118 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 120 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 121 #
Proposal for a regulation
Recital 50
(50) With a view to ensuring that providers of hosting services are aware of the misuse made of their services and to afford them an opportunity to take expeditious action to remove or disable access on a voluntary basis, Coordinating Authorities of establishment should be able to notify those providers of the presence of known child sexual abuse material on their services and requesting removal or disabling of access thereof, for the providers’ voluntary consideration. Such notifying activities should be clearly distinguished from the Coordinating Authorities’ powers under this Regulation to request the issuance of removal orders, which impose on the provider concerned a binding legal obligation to remove or disable access to the material in question within a set time period.deleted
2023/05/08
Committee: FEMM
Amendment 122 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 123 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 124 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 125 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 127 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 131 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 134 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 135 #
Proposal for a regulation
Recital 71
(71) Considering Europol’s mandate and its experience in identifying competent national authorities in unclear situation and its database of criminal intelligence which can contribute to identifying links to investigations in other Member States, the EU Centre should cooperate closely with it, especially in order to ensure the swift identification of competent national law enforcement authorities in cases where that is not clear or where more than one Member State may be affected.deleted
2023/05/08
Committee: FEMM
Amendment 136 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 140 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 148 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
1a. The service of a hosting service provider or publicly available number- independent interpersonal communication service is considered to be routinely or systematically used for the purpose of online child sexual abuse where the Coordinating Authority of the Member State of its main establishment or where its legal representative resides or is established has: a) taken a decision, on the basis of objective factors, such as the provider having received a number of final removal orders in the previous 12 months, finding that the service of the provider is routinely or systematically used for the purpose of online child sexual abuse ; and b) notified the decision referred to in point (a) to the provider.
2023/05/08
Committee: FEMM
Amendment 150 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) any previously identified instances of use of its services for the purpose of online child sexual abuse;deleted
2023/05/08
Committee: FEMM
Amendment 151 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 152 #
Proposal for a regulation
Article 3 – paragraph 2 – point a b (new)
(ab) the protection of end-to-end encryption if applicable to the service
2023/05/08
Committee: FEMM
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1
– prohibitions and restrictions laid down in the terms and conditions;deleted
2023/05/08
Committee: FEMM
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2
– measures taken to enforce such prohibitions and restrictions;deleted
2023/05/08
Committee: FEMM
Amendment 155 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
– functionalities enabling age verificationthe effective protection of children online;
2023/05/08
Committee: FEMM
Amendment 156 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) the manner in which users use the service and the impact thereof on that risk;deleted
2023/05/08
Committee: FEMM
Amendment 159 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point i
(i) the extent to which the service is used or is likely to be used by children;deleted
2023/05/08
Committee: FEMM
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii
(ii) where the service is used by children, the different age groups of the child users and the risk of solicitation of children in relation to those age groups;deleted
2023/05/08
Committee: FEMM
Amendment 163 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 164 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 165 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3
– enabling users to share images or videos with other users, in particular through private communications.deleted
2023/05/08
Committee: FEMM
Amendment 167 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 168 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 169 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to supplement this Regulation with the necessary detailed rules on the determination and charging of those costs and the application of the exemption for micro, small and medium- sized enterprises.
2023/05/08
Committee: FEMM
Amendment 170 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 171 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 172 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 173 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 174 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 175 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 176 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 177 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) reinforcadapting the provider’s internal processes or the internal supervision of the functioning of the service;
2023/05/08
Committee: FEMM
Amendment 179 #
Proposal for a regulation
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] .
2023/05/08
Committee: FEMM
Amendment 181 #
Proposal for a regulation
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;.
2023/05/08
Committee: FEMM
Amendment 182 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
(a) effective and proportionate in mitigating the identified serious risk;
2023/05/08
Committee: FEMM
Amendment 183 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 185 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 186 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 189 #
Proposal for a regulation
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures.deleted
2023/05/08
Committee: FEMM
Amendment 190 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 191 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 192 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 193 #
Proposal for a regulation
Article 4 – paragraph 4 b (new)
4b. Specific measures for number- independent interpersonal communications service within games Providers of online games that operate number-independent interpersonal communications service within their games shall take the necessary technical and organisational measures a) preventing users from initiating unsolicited contact with other users b) facilitating user-friendly reporting of alleged child sexual abuse material; c) providing technical measures and tools that allow users to manage their own privacy, visibility reachability and safety. and that are set to the most secure levels by default d) providing tools in a prominent way on their platform that allow users and potential victims to seek help from their local help-line
2023/05/08
Committee: FEMM
Amendment 195 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 198 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 199 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;deleted
2023/05/08
Committee: FEMM
Amendment 201 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b).deleted
2023/05/08
Committee: FEMM
Amendment 202 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 203 #
Proposal for a regulation
Article 6 – paragraph 2
2. In assessing the risk referred to in paragraph 1, the provider shall take into account all the available information, including the results of the risk assessment conducted or updated pursuant to Article 3.deleted
2023/05/08
Committee: FEMM
Amendment 204 #
Proposal for a regulation
Article 6 – paragraph 3
3. Providers of software application stores shall make publicly available information describing the process and criteria used to assess the risk and describing the measures referred to in paragraph 1. That description shall not include information that may reduce the effectiveness of the assessment of those measures.deleted
2023/05/08
Committee: FEMM
Amendment 205 #
Proposal for a regulation
Article 6 – paragraph 4
4. 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, 2 and 3, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.deleted
2023/05/08
Committee: FEMM
Amendment 208 #
Proposal for a regulation
Chapter II – Section 2 – title
2 DetecInvestigation obligations
2023/05/08
Committee: FEMM
Amendment 209 #
Proposal for a regulation
Article 7 – title
7 Issuance of detecinvestigation orders
2023/05/08
Committee: FEMM
Amendment 210 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 212 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 213 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 214 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 215 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point c
(c) afford the provider an opportunity to comment on the draft request, within a reasonable time period set by that Coordinating Authority;deleted
2023/05/08
Committee: FEMM
Amendment 216 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 217 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 218 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 221 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 222 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 223 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 224 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
TBased on reasoned justification, the Coordinating Authority of establishment shall request the issuance of the detecinvestigation order, and the competent judicial authority or independent administrative authority shall issue the detecinvestigation order where it considers that the following conditions are met:
2023/05/08
Committee: FEMM
Amendment 225 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 226 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 227 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 228 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, in particular: (a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable; (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3.deleted
2023/05/08
Committee: FEMM
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point a
(a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable;deleted
2023/05/08
Committee: FEMM
Amendment 230 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point b
(b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected;deleted
2023/05/08
Committee: FEMM
Amendment 231 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c
(c) the views and the implementation plan of the provider submitted in accordance with paragraph 3;deleted
2023/05/08
Committee: FEMM
Amendment 232 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d
(d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3.deleted
2023/05/08
Committee: FEMM
Amendment 233 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 234 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 235 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 237 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 238 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 239 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 240 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 241 #
(2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12.deleted
2023/05/08
Committee: FEMM
Amendment 243 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 244 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point a
(a) the provider qualifies as a provider of publicly available number-independent interpersonal communication services;
2023/05/08
Committee: FEMM
Amendment 245 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 246 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 247 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 2
The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user.deleted
2023/05/08
Committee: FEMM
Amendment 248 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 249 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 250 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 251 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 252 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 253 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 254 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 255 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 256 #
Proposal for a regulation
Article 8 – title
8 Additional rules regarding detecinvestigation orders
2023/05/08
Committee: FEMM
Amendment 257 #
Proposal for a regulation
Article 8 – title
8 Additional rules regarding detecinvestigation orders
2023/05/08
Committee: FEMM
Amendment 258 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 259 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 260 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 261 #
Proposal for a regulation
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);
2023/05/08
Committee: FEMM
Amendment 263 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 264 #
Proposal for a regulation
Article 8 – paragraph 1 – point f
(f) the start date and the end date of the detecinvestigation order;
2023/05/08
Committee: FEMM
Amendment 265 #
Proposal for a regulation
Article 8 – paragraph 1 – point g
(g) a sufficiently detailed statement of reasons explaining why the detecinvestigation order is issued;
2023/05/08
Committee: FEMM
Amendment 266 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 267 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 268 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 269 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 270 #
Proposal for a regulation
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).
2023/05/08
Committee: FEMM
Amendment 271 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 3
The detecinvestigation order shall be drafted in the language declared by the provider pursuant to Article 23(3).
2023/05/08
Committee: FEMM
Amendment 272 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 273 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
4a. Scope of preservation orders Investigation orders may require the expedited preservation by the provider, insofar as the data is under their control, and accessible without the need to alter the design or operation of their platform or service, of one or more of the following, including new data generated after issuance of the order, as part of a planned or current law enforcement operation with respect for the principle of data minimisation, and without prejudice to requirements to comply with laws on data retention; a) Traffic data: i) Pseudonyms, screen names or other identifiers used by the subject(s) of the investigation; ii) Network identifiers, such as IP addresses, port numbers, or MAC addresses used by, or associated with, the subject(s) of the investigation; iii) Any other traffic data, including metadata, of any activity linked to subject(s) of the investigation; b) Content data: i) Copies of any data uploaded, downloaded or otherwise communicated by the subject(s) of the investigation; 2. Access to the data shall be made available to law enforcement authorities on the basis of the national law of the country of establishment of the provider. 3. The provider shall inform all users concerned of the investigation order, unless the issuing authority instructs it, on the basis of a reasoned opinion, not to do so. 4. Investigation orders may require providers to provide support for law enforcement authorities. Such support shall be technically feasible, clearly defined, subject to specific judicial oversight, necessary proportionate and respect the fundamental rights of all parties involved. 5. Such orders shall be strictly time limited, and all data shall be deleted by the provider as soon as it has been successfully transferred to the relevant law enforcement agency, or the investigation is closed, or the subjects of the order deemed to be no longer of interest;
2023/05/08
Committee: FEMM
Amendment 274 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 275 #
Proposal for a regulation
Article 9 – title
9 Redress, information, reporting and modification of detecinvestigation orders
2023/05/08
Committee: FEMM
Amendment 276 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 277 #
Proposal for a regulation
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).
2023/05/08
Committee: FEMM
Amendment 278 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 279 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 280 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 281 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 282 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 290 #
Proposal for a regulation
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).
2023/05/08
Committee: FEMM
Amendment 291 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 292 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 293 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Where within the three months’ time period referred to in the second subparagraph the provider receives such a communication from the EU Centre indicating that the information is not to be provided, it shall inform the user concerned, without undue delay, after the expiry of the time period set out in that communication.deleted
2023/05/08
Committee: FEMM
Amendment 294 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 297 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 298 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) all content data, including images, videos and text;encrypted versions of all child sexual abuse , being reported
2023/05/08
Committee: FEMM
Amendment 299 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 300 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 301 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
(f) information concerning the geographic location related to the potential online child sexual abuse, such as the Internet Protocol address;deleted
2023/05/08
Committee: FEMM
Amendment 302 #
Proposal for a regulation
Article 13 – paragraph 1 – point g
(g) information concerning the identity of any user involved in the potential online child sexual abuse;deleted
2023/05/08
Committee: FEMM
Amendment 303 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 304 #
Proposal for a regulation
Article 13 – paragraph 1 – point j
(j) in indication whether the provider considers that the report requires urgent action;
2023/05/08
Committee: FEMM
Amendment 305 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 306 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 307 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 308 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 309 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 310 #
Proposal for a regulation
Article 14 – paragraph 3 – point c
(c) the specific service for which the removal order is issudeleted;
2023/05/08
Committee: FEMM
Amendment 311 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 312 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 313 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 314 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 315 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 316 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 317 #
Proposal for a regulation
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).
2023/05/08
Committee: FEMM
Amendment 318 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 319 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 (new)
(d) information 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; (e) this information will be provided in an easily understandable, accessible manner, in the language setting of the user, taking into account the different needs of persons with a disability.
2023/05/08
Committee: FEMM
Amendment 321 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.deleted
2023/05/08
Committee: FEMM
Amendment 323 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2
In such a case: (a) the judicial authority or independent administrative authority issuing the removal order shall set the time period not longer than necessary and not exceeding six weeks, during which the provider is not to disclose such information; (b) the obligations set out in paragraph 3 shall not apply during that time period; (c) that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period.deleted
2023/05/08
Committee: FEMM
Amendment 324 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point a
(a) the judicial authority or independent administrative authority issuing the removal order shall set the time period not longer than necessary and not exceeding six weeks, during which the provider is not to disclose such information;deleted
2023/05/08
Committee: FEMM
Amendment 325 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point b
(b) the obligations set out in paragraph 3 shall not apply during that time period;deleted
2023/05/08
Committee: FEMM
Amendment 326 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point c
(c) that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period.deleted
2023/05/08
Committee: FEMM
Amendment 327 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 3
That judicial authority or independent administrative authority may decide to extend the time period referred to in the second subparagraph, point (a), by a further time period of maximum six weeks, where and to the extent the non- disclosure continues to be necessary. In that case, that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period. Article 14(3) shall apply to that decision.deleted
2023/05/08
Committee: FEMM
Amendment 328 #
Proposal for a regulation
Chapter II – Section 5
[...]deleted
2023/05/08
Committee: FEMM
Amendment 329 #
Proposal for a regulation
Article 16
[...]deleted
2023/05/08
Committee: FEMM
Amendment 330 #
Proposal for a regulation
Article 16 – 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 an independent administrative authority of that Member State to issue a blocking order requiring a provider of internet access services under the jurisdiction of that Member State to take reasonable measures to prevent users from accessing known child sexual abuse material indicated by all uniform resource locators on the list of uniform resource locators included in the database of indicators, in accordance with Article 44(2), point (b) and provided by the EU Centre.deleted
2023/05/08
Committee: FEMM
Amendment 332 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
The Coordinating Authority of establishment shall, before requesting the issuance of a blocking order, carry out all investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met.deleted
2023/05/08
Committee: FEMM
Amendment 333 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
To that end, it shall, where appropriate: (a) verify that, in respect of all or a representative sample of the uniform resource locators on the list referred to in paragraph 1, the conditions of Article 36(1), point (b), are met, including by carrying out checks to verify in cooperation with the EU Centre that the list is complete, accurate and up-to-date; (b) require the provider to submit, within a reasonable time period set by that Coordinating Authority, the necessary information, in particular regarding the accessing or attempting to access by users of the child sexual abuse material indicated by the uniform resource locators, regarding the provider’s policy to address the risk of dissemination of the child sexual abuse material and regarding the provider’s financial and technological capabilities and size; (c) request the EU Centre to provide the necessary information, in particular explanations and assurances regarding the accuracy of the uniform resource locators in indicating child sexual abuse material, regarding the quantity and nature of that material and regarding the verifications by the EU Centre and the audits referred to in Article 36(2) and Article 46(7), respectively; (d) request any other relevant public authority or relevant experts or entities to provide the necessary information.deleted
2023/05/08
Committee: FEMM
Amendment 334 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point a
(a) verify that, in respect of all or a representative sample of the uniform resource locators on the list referred to in paragraph 1, the conditions of Article 36(1), point (b), are met, including by carrying out checks to verify in cooperation with the EU Centre that the list is complete, accurate and up-to-date;deleted
2023/05/08
Committee: FEMM
Amendment 335 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point b
(b) require the provider to submit, within a reasonable time period set by that Coordinating Authority, the necessary information, in particular regarding the accessing or attempting to access by users of the child sexual abuse material indicated by the uniform resource locators, regarding the provider’s policy to address the risk of dissemination of the child sexual abuse material and regarding the provider’s financial and technological capabilities and size;deleted
2023/05/08
Committee: FEMM
Amendment 336 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point c
(c) request the EU Centre to provide the necessary information, in particular explanations and assurances regarding the accuracy of the uniform resource locators in indicating child sexual abuse material, regarding the quantity and nature of that material and regarding the verifications by the EU Centre and the audits referred to in Article 36(2) and Article 46(7), respectively;deleted
2023/05/08
Committee: FEMM
Amendment 337 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point d
(d) request any other relevant public authority or relevant experts or entities to provide the necessary information.deleted
2023/05/08
Committee: FEMM
Amendment 340 #
Proposal for a regulation
Article 16 – paragraph 3
3. The Coordinating Authority of establishment shall, before requesting the issuance of the blocking order, inform the provider of its intention to request the issuance of the blocking order, specifying the main elements of the content of the intended blocking order and the reasons to request the blocking order. It shall afford the provider an opportunity to comment on that information, within a reasonable time period set by that Coordinating Authority.deleted
2023/05/08
Committee: FEMM
Amendment 341 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1
The Coordinating Authority of establishment shall request the issuance of the blocking order, and the competent judicial authority or independent authority shall issue the blocking order, where it considers that the following conditions are met: (a) there is evidence of the service having been used during the past 12 months, to an appreciable extent, for accessing or attempting to access the child sexual abuse material indicated by the uniform resource locators; (b) the blocking order is necessary to prevent the dissemination of the child sexual abuse material to users in the Union, having regard in particular to the quantity and nature of that material, the need to protect the rights of the victims and the existence and implementation by the provider of a policy to address the risk of such dissemination; (c) the uniform resource locators indicate, in a sufficiently reliable manner, child sexual abuse material; (d) the reasons for issuing the blocking order outweigh 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, including the exercise of the users’ freedom of expression and information and the provider’s freedom to conduct a business.deleted
2023/05/08
Committee: FEMM
Amendment 342 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point a
(a) there is evidence of the service having been used during the past 12 months, to an appreciable extent, for accessing or attempting to access the child sexual abuse material indicated by the uniform resource locators;deleted
2023/05/08
Committee: FEMM
Amendment 343 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b
(b) the blocking order is necessary to prevent the dissemination of the child sexual abuse material to users in the Union, having regard in particular to the quantity and nature of that material, the need to protect the rights of the victims and the existence and implementation by the provider of a policy to address the risk of such dissemination;deleted
2023/05/08
Committee: FEMM
Amendment 344 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point c
(c) the uniform resource locators indicate, in a sufficiently reliable manner, child sexual abuse material;deleted
2023/05/08
Committee: FEMM
Amendment 345 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point d
(d) the reasons for issuing the blocking order outweigh 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, including the exercise of the users’ freedom of expression and information and the provider’s freedom to conduct a business.deleted
2023/05/08
Committee: FEMM
Amendment 346 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2
When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, including any information obtained pursuant to paragraph 2 and the views of the provider submitted in accordance with paragraph 3.deleted
2023/05/08
Committee: FEMM
Amendment 347 #
Proposal for a regulation
Article 16 – paragraph 5
5. The Coordinating Authority of establishment when requesting the issuance of blocking orders, and the competent judicial or independent administrative authority when issuing the blocking order, shall: (a) specify effective and proportionate limits and safeguards necessary to ensure that any negative consequences referred to in paragraph 4, point (d), remain limited to what is strictly necessary; (b) subject to paragraph 6, ensure that the period of application remains limited to what is strictly necessary.deleted
2023/05/08
Committee: FEMM
Amendment 348 #
Proposal for a regulation
Article 16 – paragraph 5 – point a
(a) specify effective and proportionate limits and safeguards necessary to ensure that any negative consequences referred to in paragraph 4, point (d), remain limited to what is strictly necessary;deleted
2023/05/08
Committee: FEMM
Amendment 349 #
Proposal for a regulation
Article 16 – paragraph 5 – point b
(b) subject to paragraph 6, ensure that the period of application remains limited to what is strictly necessary.deleted
2023/05/08
Committee: FEMM
Amendment 350 #
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 1
The Coordinating Authority shall specify in the blocking order the period during which it applies, indicating the start date and the end date.deleted
2023/05/08
Committee: FEMM
Amendment 351 #
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 2
The period of application of blocking orders shall not exceed five years.deleted
2023/05/08
Committee: FEMM
Amendment 353 #
Proposal for a regulation
Article 16 – paragraph 7 – subparagraph 1
In respect of the blocking orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority shall, where necessary and at least once every year, assess whether any substantial changes to the grounds for issuing the blocking orders occurred and, in particular, whether the conditions of paragraph 4 continue to be met.deleted
2023/05/08
Committee: FEMM
Amendment 354 #
Proposal for a regulation
Article 16 – paragraph 7 – subparagraph 2
That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the blocking order the modification or revocation of such order, where necessary in the light of the outcome of that assessment or to take account of justified requests or the reports referred to in Article 18(5) and (6), respectively. The provisions of this Section shall apply to such requests, mutatis mutandis.deleted
2023/05/08
Committee: FEMM
Amendment 355 #
Proposal for a regulation
Article 17
[...]deleted
2023/05/08
Committee: FEMM
Amendment 356 #
Proposal for a regulation
Article 17 – paragraph 1
1. The Coordinating Authority of establishment shall issue the blocking orders referred to in Article 16 using the template set out in Annex VII. Blocking orders shall include: (a) the reference to the list of uniform resource locators, provided by the EU Centre, and the safeguards to be provided for, including the limits and safeguards specified pursuant to Article 16(5) and, where applicable, the reporting requirements set pursuant to Article 18(6); (b) identification details of the competent judicial authority or the independent administrative authority issuing the blocking order and authentication of the blocking order by that authority; (c) the name of the provider and, where applicable, its legal representative; (d) the specific service in respect of which the detection order is issued; (e) the start date and the end date of the blocking order; (f) a sufficiently detailed statement of reasons explaining why the blocking order is issued; (g) a reference to this Regulation as the legal basis for the blocking order; (h) the date, time stamp and electronic signature of the judicial authority or the independent administrative authority issuing the blocking order; (i) easily understandable information about the redress available to the addressee of the blocking order, including information about redress to a court and about the time periods applicable to such redress.deleted
2023/05/08
Committee: FEMM
Amendment 357 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) the reference to the list of uniform resource locators, provided by the EU Centre, and the safeguards to be provided for, including the limits and safeguards specified pursuant to Article 16(5) and, where applicable, the reporting requirements set pursuant to Article 18(6);deleted
2023/05/08
Committee: FEMM
Amendment 358 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) identification details of the competent judicial authority or the independent administrative authority issuing the blocking order and authentication of the blocking order by that authority;deleted
2023/05/08
Committee: FEMM
Amendment 359 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) the name of the provider and, where applicable, its legal representative;deleted
2023/05/08
Committee: FEMM
Amendment 360 #
Proposal for a regulation
Article 17 – paragraph 1 – point d
(d) the specific service in respect of which the detection order is issued;deleted
2023/05/08
Committee: FEMM
Amendment 361 #
Proposal for a regulation
Article 17 – paragraph 1 – point e
(e) the start date and the end date of the blocking order;deleted
2023/05/08
Committee: FEMM
Amendment 362 #
Proposal for a regulation
Article 17 – paragraph 1 – point f
(f) a sufficiently detailed statement of reasons explaining why the blocking order is issued;deleted
2023/05/08
Committee: FEMM
Amendment 363 #
Proposal for a regulation
Article 17 – paragraph 1 – point f
(f) a sufficiently detailed statement of reasons explaining why the blocking order is issued;deleted
2023/05/08
Committee: FEMM
Amendment 364 #
Proposal for a regulation
Article 17 – paragraph 1 – point g
(g) a reference to this Regulation as the legal basis for the blocking order;deleted
2023/05/08
Committee: FEMM
Amendment 365 #
Proposal for a regulation
Article 17 – paragraph 1 – point h
(h) the date, time stamp and electronic signature of the judicial authority or the independent administrative authority issuing the blocking order;deleted
2023/05/08
Committee: FEMM
Amendment 366 #
Proposal for a regulation
Article 17 – paragraph 1 – point i
(i) easily understandable information about the redress available to the addressee of the blocking order, including information about redress to a court and about the time periods applicable to such redress.deleted
2023/05/08
Committee: FEMM
Amendment 367 #
Proposal for a regulation
Article 17 – paragraph 2
2. The competent judicial authority or independent administrative authority issuing the blocking order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.deleted
2023/05/08
Committee: FEMM
Amendment 368 #
Proposal for a regulation
Article 17 – paragraph 3
3. The blocking order shall be 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).deleted
2023/05/08
Committee: FEMM
Amendment 369 #
Proposal for a regulation
Article 17 – paragraph 4
4. The blocking order shall be drafted in the language declared by the provider pursuant to Article 23(3).deleted
2023/05/08
Committee: FEMM
Amendment 370 #
Proposal for a regulation
Article 17 – paragraph 5
5. If the provider cannot execute the blocking order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex VIII.deleted
2023/05/08
Committee: FEMM
Amendment 371 #
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to amend Annexes VII and VIII where necessary to improve the templates in view of relevant technological developments or practical experiences gained.
2023/05/08
Committee: FEMM
Amendment 372 #
Proposal for a regulation
Article 18
[...]deleted
2023/05/08
Committee: FEMM
Amendment 373 #
Proposal for a regulation
Article 18 – paragraph 1
1. Providers of internet access services that have received a blocking order, as well as users who provided or were prevented from accessing a specific item of material indicated by the uniform resource locators in execution of such orders, shall have a right to effective redress. That right shall include the right to challenge the blocking order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the blocking order.deleted
2023/05/08
Committee: FEMM
Amendment 374 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
When the blocking order becomes final, the competent judicial authority or independent administrative authority that issued the blocking 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).deleted
2023/05/08
Committee: FEMM
Amendment 375 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2
For the purpose of the first subparagraph, a blocking 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 removal order following an appeal.deleted
2023/05/08
Committee: FEMM
Amendment 376 #
Proposal for a regulation
Article 18 – paragraph 3
3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section. It shall process such complaints in an objective, effective and timely manner.deleted
2023/05/08
Committee: FEMM
Amendment 377 #
Proposal for a regulation
Article 18 – paragraph 4
4. Where a provider prevents users from accessing the uniform resource locators pursuant to a blocking order issued in accordance with Article 17, it shall take reasonable measures to inform the users of the following: (a) the fact that it does so pursuant to a blocking order; (b) the reasons for doing so, providing, upon request, a copy of the blocking order; (c) the users’ right of judicial redress referred to in paragraph 1, their rights to submit complaints to the provider through the mechanism referred to in paragraph 3 and to the Coordinating Authority in accordance with Article 34, as well as their right to submit the requests referred to in paragraph 5.deleted
2023/05/08
Committee: FEMM
Amendment 378 #
Proposal for a regulation
Article 18 – paragraph 4 – point a
(a) the fact that it does so pursuant to a blocking order;deleted
2023/05/08
Committee: FEMM
Amendment 379 #
Proposal for a regulation
Article 18 – paragraph 4 – point b
(b) the reasons for doing so, providing, upon request, a copy of the blocking order;deleted
2023/05/08
Committee: FEMM
Amendment 380 #
Proposal for a regulation
Article 18 – paragraph 4 – point c
(c) the users’ right of judicial redress referred to in paragraph 1, their rights to submit complaints to the provider through the mechanism referred to in paragraph 3 and to the Coordinating Authority in accordance with Article 34, as well as their right to submit the requests referred to in paragraph 5.deleted
2023/05/08
Committee: FEMM
Amendment 381 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
The provider and the users referred to in paragraph 1 shall be entitled to request the Coordinating Authority that requested the issuance of the blocking order to assess whether users are wrongly prevented from accessing a specific item of material indicated by uniform resource locators pursuant to the blocking order. The provider shall also be entitled to request modification or revocation of the blocking order, where it considers it necessary due to substantial changes to the grounds for issuing the blocking orders that occurred after the issuance thereof, in particular substantial changes preventing the provider from taking the required reasonable measures to execute the blocking order,deleted
2023/05/08
Committee: FEMM
Amendment 382 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 2
The Coordinating Authority shall, without undue delay, diligently assess such requests and inform the provider or the user submitting the request of the outcome thereof. Where it considers the request to be justified, it shall request modification or revocation of the blocking order in accordance with Article 16(7) and inform the EU Centre.deleted
2023/05/08
Committee: FEMM
Amendment 383 #
Proposal for a regulation
Article 18 – paragraph 6
6. Where the period of application of the blocking order exceeds 24 months, the Coordinating Authority of establishment shall require the provider to report to it on the measures taken to execute the blocking order, including the safeguards provided for, at least once, halfway through the period of application.deleted
2023/05/08
Committee: FEMM
Amendment 386 #
Proposal for a regulation
Article 20 – title
20 Victims’ right to information and support
2023/05/08
Committee: FEMM
Amendment 387 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Persons residingVictims of child sexual abuse material hosted or disseminated in the Union or their representatives and persons in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside,live or Coordinating Authority of their choosing, easily understandable and accessible information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. The request can cover both an occasional request as well as a periodic request. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them., and the information in question should be given on the basis of the indicated language by that person
2023/05/08
Committee: FEMM
Amendment 390 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 392 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 394 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 395 #
(c) sufficient elements to demonstrverify thate the identity ofchild sexual abuse material in question matches with the person making the request.
2023/05/08
Committee: FEMM
Amendment 396 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 (new)
(d) an indication if the request is occasional or should cover a certain time period
2023/05/08
Committee: FEMM
Amendment 397 #
Proposal for a regulation
Article 20 – paragraph 3 – point a
(a) the identification of the provider(s) that submitted the report;
2023/05/08
Committee: FEMM
Amendment 398 #
Proposal for a regulation
Article 20 – paragraph 3 – point b
(b) the date(s) of the report(s);
2023/05/08
Committee: FEMM
Amendment 399 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 400 #
Proposal for a regulation
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).
2023/05/08
Committee: FEMM
Amendment 402 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 404 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 406 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 407 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Persons residingVictims of child sexual abuse material hosted or disseminated in the Union or their representatives or persons in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting or the Coordinating Authority of their choosing, age appropriate and gender-sensitive information on support for removal, including support from civil society organisations, hotlines and from the EU Centre when they seek to have a provider of hosting services or publicly available number-independent interpersonal communications services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them.
2023/05/08
Committee: FEMM
Amendment 410 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 411 #
Proposal for a regulation
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);
2023/05/08
Committee: FEMM
Amendment 412 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 413 #
Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 1 (new)
(e) information regarding victim’s rights, assistance and support pursuant to Article 21.
2023/05/08
Committee: FEMM
Amendment 418 #
Proposal for a regulation
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’).
2023/05/08
Committee: FEMM
Amendment 419 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 420 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 422 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 425 #
Proposal for a regulation
Article 25 – paragraph 7 – point a
(a) provide certain information or technical expertise on matters covered by this Regulation;
2023/05/08
Committee: FEMM
Amendment 427 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 429 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 430 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 431 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 435 #
Proposal for a regulation
Article 26 – paragraph 1
1. Member States shall ensure that the 1. Coordinating Authorities that they designated perform their tasks under this Regulation in an objective, impartial, transparent and timely manner, while fully respecting theall fundamental rights of all parties affected. They shall also ensure that their Coordinating Authorities perform their tasks with utmost respect and sensitivity towards victims and their representatives, with a focus on avoidance of re-victimization, the safety of the victim and their needs. Member States shall also ensure that their Coordinating Authorities have adequate technical, financial and human resources to carry out their tasks.
2023/05/08
Committee: FEMM
Amendment 436 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
(a) are legally and functionally independent from any other public authorityies;
2023/05/08
Committee: FEMM
Amendment 437 #
Proposal for a regulation
Article 26 – paragraph 2 – point e
(e) are not charged with tasks relating to the prevention or combating of child sexual abuse, other than their tasks under this Regulation.deleted
2023/05/08
Committee: FEMM
Amendment 438 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 439 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 440 #
Proposal for a regulation
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,
2023/05/08
Committee: FEMM
Amendment 441 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 442 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 443 #
Proposal for a regulation
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"
2023/05/08
Committee: FEMM
Amendment 444 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 448 #
Proposal for a regulation
Article 43 – title
Tasks of the EU CentreAgency on Child Protection
2023/05/08
Committee: FEMM
Amendment 449 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 450 #
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
The EU CentreAgency shall:
2023/05/08
Committee: FEMM
Amendment 451 #
Proposal for a regulation
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);
2023/05/08
Committee: FEMM
Amendment 453 #
Proposal for a regulation
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);
2023/05/08
Committee: FEMM
Amendment 454 #
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – introductory part
(2) facilitate the detection procesinvestigation orders referred to in Section 2 of Chapter II, by:
2023/05/08
Committee: FEMM
Amendment 455 #
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point a
(a) providing the opinions on intended detection orders referred to in Article 7(3), first subparagraph, point (d);deleted
2023/05/08
Committee: FEMM
Amendment 456 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 457 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 458 #
Proposal for a regulation
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);
2023/05/08
Committee: FEMM
Amendment 459 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point b
(b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2);deleted
2023/05/08
Committee: FEMM
Amendment 460 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point c
(c) receiving and processing the blocking orders transmitted to it pursuant to Article 17(3);deleted
2023/05/08
Committee: FEMM
Amendment 462 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 463 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 465 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 467 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 469 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 476 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
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).
2023/05/08
Committee: FEMM
Amendment 480 #
Proposal for a regulation
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).
2023/05/08
Committee: FEMM
Amendment 481 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 482 #
Proposal for a regulation
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:
2023/05/08
Committee: FEMM
Amendment 485 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 486 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 487 #
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 1 (new)
(d) information obtained in the performance of its tasks under this Regulation concerning victim assistance and support
2023/05/08
Committee: FEMM
Amendment 489 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 490 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 493 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 494 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 496 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 497 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
The administrative and management structure of the EU CentreAgency shall comprise:
2023/05/08
Committee: FEMM
Amendment 498 #
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 1 (new)
(f) a Survivors’ Advisory Board which shall exercise the tasks set out in Article 66b.
2023/05/08
Committee: FEMM
Amendment 500 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 501 #
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 (new)
One member of the Technology Commitee and one member of the Survivors Advisory Board as established in Articles 66 and 66a may attend the meetings of the Management Board as observers.
2023/05/08
Committee: FEMM
Amendment 503 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
The Management Board shall also include one independent expert observer designated by the European Parliament, without the right to vote.deleted
2023/05/08
Committee: FEMM
Amendment 505 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 506 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 507 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 509 #
Proposal for a regulation
Article 57 – paragraph 1 – point a
(a) give the general orientations for the EU CentreAgency's activities;
2023/05/08
Committee: FEMM
Amendment 510 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 512 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 513 #
Proposal for a regulation
Article 57 – paragraph 1 – point g
(g) adopt the opinions on intended detection orders referred to in Article 7(4), on the basis of a draft opinion provided by the Executive Director;deleted
2023/05/08
Committee: FEMM
Amendment 514 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 516 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 517 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 518 #
Proposal for a regulation
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).
2023/05/08
Committee: FEMM
Amendment 519 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 520 #
Proposal for a regulation
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;
2023/05/08
Committee: FEMM
Amendment 522 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 525 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 526 #
Proposal for a regulation
Article 66 a (new)
Article66a Establishment and tasks of the Survivors Advisory Board 1. The Survivors’ Advisory Board shall consist of seven members who are either survivors and victims of child sexual abuse or experts on the needs of survivors and victims of child sexual abuse, and shall be appointed by the Management Board in view of their personal experience if applicable, expertise and scope of work, following the publication of a call for expressions of interest in the Official Journal of the European Union. The Survivors Advisory Board shallachieve a gender balance as well as ensure representation of all protected characteristics. 2. Procedures concerning the appointment of the members of the Survivors’ Advisory Board and its operation shall be further specified in the rules of procedure of the Management Board and shall be made public. 3. The members of the Survivors’ Advisory Board shall act in the interest of child sexual abuse victims. The EU Agency shall publish the list of members of the Survivors’ Advisory Board on its website and keep it up to date. 4. If a member no longer meets the criterion of independence, he or she shall inform the Management Board. The Management Board may, on the proposal of at least one third of its members or of the Commission, determine a lack of independence and revoke the appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure applicable to ordinary members. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remaining term of office in accordance with the procedure applicable to ordinary members. 5. The term of office of the members of the Survivors’ Advisory Board shall be four years. It may be renewed once. 6. The Executive Director and the Management Board shall consult the Survivors Advisory Board on any matter relating to victims rights and preventing and combating child sexual abuse, and they shall give a structural consult at least twice a year. 7. The Survivors’ Advisory Board shall have the following tasks: (a) ensure visibility of the interests and needs of survivors and victims of child sexual abuse; (b) advise the Management Board on matters set out in Article 57 point (h a); (c) advise the Executive Director and the Management Board as set out in paragraph 6 of this Article; (d) contribute experience and expertise in preventing and combating child sexual abuse and victim support and assistance; (e) serve as a platform to exchange and connect for survivors of child sexual abuse; (f) provide an annual activity report to the Executive Director as part of the Consolidated Annual Activity Report.
2023/05/08
Committee: FEMM
Amendment 528 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
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.
2023/05/08
Committee: FEMM
Amendment 531 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 532 #
Proposal for a regulation
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
2023/05/08
Committee: FEMM
Amendment 533 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM
Amendment 534 #
Proposal for a regulation
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.
2023/05/08
Committee: FEMM