24 Amendments of Anna Júlia DONÁTH related to 2020/0259(COD)
Amendment 62 #
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
having regard to the principles established by the 1989 United Nations Convention on the Rights of the Child and its optional protocol on sale of children, child prostitution and child pornography,
Amendment 74 #
Proposal for a regulation
Recital 5
Recital 5
(5) Certain providers of number- independent interpersonal communications services, such as webmail and messaging services, are already using specific technologies to detect and report child sexual abuse online to law enforcement authorities and to organisations acting in the public interest against child sexual abuse and child sexual exploitation, or to remove child sexual abuse and child sexual exploitation material, on a voluntary basis. Those organisations refer to national hotlines for reporting child sexual abuse and child sexual exploitation material, as well as to organisations whose purpose is to reduce child sexual abuse and child sexual exploitation, and prevent child victimisation, located both within the Union and in third countries. Collectively, those voluntary activities play a valuable role in enabling the identification and rescue of victims, and reducing the further dissemination of child sexual abuse materialand child sexual exploitation material, which constitutes a gross violation of the right to privacy of the child, while also contributing to the identification and investigation of offenders, and the prevention of child sexual abuse and child sexual exploitation offences.
Amendment 91 #
Proposal for a regulation
Recital 7
Recital 7
(7) Directive 2002/58/EC does not contain any specific provisions concerning the processing of personal and other data in connection with the provision of electronic communication services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material. However, pursuant to Article 15(1) of Directive 2002/58/EC, Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in, inter alia, Articles 5 and 6 of that Directive, which concern confidentiality of communications and traffic data, for the purpose of prevention, investigation, detection and prosecution of criminal offences linked to child sexual abuse. In the absence of such legislative measuresSince most Member States have failed to adopt such legislative measures, the Commission has failed to respond to warnings given during the legislative process of the European Electronic Communications code and has failed to provide a legal basis for processing personal data in this context, and pending the adoption of a new longer- term legal framework to tackle child sexual abuse effectively at Union level as announced in the Strategy, there would be no legal basis for providers of number- independent interpersonal communications services to continue to detect and report child sexual abuse online and remove child sexual abuse material in their services beyond 21 December 2020.
Amendment 109 #
Proposal for a regulation
Recital 11
Recital 11
(11) Since the sole objective of this Regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online, the derogation provided for by this Regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material before the entry into force of this Regulation. The reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. The use of the technology in question should therefore be common in the industry, without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. In this respect, it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this Regulation. The types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry and should not include systematic filtering and scanning of communications containing text but only look into specific communications in case of concrete elements of suspicion of. The technologies deployed should not be able to understand the content of the communications but solely be able to detect patterns of possible child sexual abuse.
Amendment 123 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation restricts the right to protection of the confidentiality of communications and derogates from the decision taken in Directive (EU) 2018/1972 to subject number-independent interpersonal communications services to the same rules as all other electronic communications services as regards privacy. The period of application of this Regulation should, therefore, be limited until 31 December 2025, that is to say for a time period reasonably required for the adoption of a new long-term legal framework, with more elaborate safeguards. This new legal framework will provide a new legal basis and mandatory requirements for companies to detect and report child sexual abuse online and remove child sexual abuse and child sexual exploitation material online. The new legal framework should also incorporate more elaborate safeguards, as well as the creation of a European Centre to prevent and counter child sexual abuse, to improve transparency and accountability. In case the long-term legislation is adopted and will enter into force before that date, that legislation should repeal this Regulation.
Amendment 128 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation restricts the right to protection of the confidentiality of communications and derogates from the decision taken in Directive (EU) 2018/1972 to subject number-independent interpersonal communications services to the same rules as all other electronic communications services as regards privacy. The period of application of this Regulation should, therefore, be limited until 31 December 20252, that is to say for a time period reasonably required for the adoption of a new long-term legal framework, with more elaborate safeguards. In case the long-term legislation is adopted and will enter into force before that date, that legislation should repeal this Regulation.
Amendment 136 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The images and videos depicting child sexual abuse material concern the child's intimacy, and are therefore special categories of data whose processing to enable its dissemination is unlawful. Companies should not be prevented from taking measures to prevent that processing and ensure that their services are not abused for the purpose of disseminating images and videos of child sexual abuse.
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC, with the sole objective of enabling providers of number-independent interpersonal communications services to continue the use of technologies for the processing of personal and other data to the extent necessary to detect and report child sexual abuse online and remove child sexual abuse and child sexual exploitation material on their services.
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b – introductory part
Article 2 – paragraph 1 – point 2 – point b – introductory part
(b) solicitation of children for the purpose of engaging in sexual activities with a child or of producing child pornography by any of the followingas:
Amendment 151 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b – point i
Article 2 – paragraph 1 – point 2 – point b – point i
(i) luring the child by means of offering gifts or other advantagesthe proposal by an adult to meet a child for the purpose of committing any of the offences referred to in Articles 3(4) and 5(6) of Directive 2011/93/EU;
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b – point iii
Article 2 – paragraph 1 – point 2 – point b – point iii
Amendment 156 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c a (new)
Article 2 – paragraph 1 – point 2 – point c a (new)
(ca) 'child prostitution' as defined in Article 2(d) of Directive 2011/93/EU.
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the processing is proportionate and limited to well-established technologies regularly used by providers of number- independent interpersonal communications services for that purpose before the entry into force of this Regulation, and that are in accordance with the state of the art used in the industry and are the least privacy- intrusive;
Amendment 170 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) the provider clarifies, in its annual reporting, the legal basis for the processing of personal data pursuant to Regulation (EU) 2016/679;
Amendment 172 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the technology used is in itself sufficiently reliable in that it limits to the maximum extent possible the rate of errors regarding the detection of content representing child sexual abuse, and where such occasional errors occur, their consequences are rectified without delayhild sexual abuse online;
Amendment 175 #
(ba) the provider puts in place redress mechanisms to ensure that users who believe that they have been wrongfully included in a report of child sexual abuse online can refer their cases to the provider for review, and, where an error has occurred, its consequences are rectified without delay;
Amendment 184 #
(e) the provider annually publishes a report on its related processingmakes publicly available and submits a report to the supervisory authority in accordance with Regulation (EU) 2016/679 by ... [six months after the date of entry into force of this Regulation] and to the European Commission, and annually thereafter, of the processing of personal data allowed by the restriction provided for in this Regulation, including on the type and volumes of data processed, number of cases identifiedthe legal basis for the processing pursuant to Article 6 of Regulation (EU) 2016/679, the legal basis for the transfers of personal data outside the Union pursuant to Chapter V of Regulation (EU) 2016/679, the number of cases identified, the number of cases in which a user has lodged a complaint with the internal redress mechanism or with a judicial authority and the outcome of those proceedings, measures applied to select and improve key indicators, numbers and ratios of errors (false positives) of the different technologies deployed, measures applied to limit the error rate and the error rate achieved, the retention policy and the data protection safeguards applied pursuant to Regulation (EU)2016/679.
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
This Regulation shall not apply to the scanning of text or audio communications, other than on the basis of an appropriate legal base.
Amendment 201 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Obligation for a data protection impact assessment and a prior consultation and authorisation of the supervisory authorities Providers of number-independent interpersonal communications services shall, in order to rely on the restriction provided for by this Regulation, conduct a data protection impact assessment pursuant to Article 35 of Regulation (EU) 2016/679 and a prior consultation procedure pursuant to Article 36 thereof by ... [three months after the date of entry into force of this Regulation]. Providers of number-independent interpersonal communications services deploying anti-grooming activities shall request prior authorisation from the supervisory authorities by ... [six months after the entry into force of this Regulation]. The Member States shall ensure that the supervisory authorities have sufficient resources for these procedures, in line with the requirements set out by Regulation (EU) 2016/679.
Amendment 206 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3b Complaint mechanism Providers of number-independent interpersonal communications services shall establish an effective and accessible mechanism allowing users to submit a complaint against the action of the provider where: - their content or identity has been reported to an organisation acting in the public interest against child sexual abuse or to law enforcement authorities or which has been removed, where the material reported or removed does not constitute child sexual abuse online in accordance with this Regulation, or; - their identity has been reported to an organisation acting in the public interest against child sexual abuse or to law enforcement authorities, where the user received unsolicited child sexual abuse material.
Amendment 210 #
Proposal for a regulation
Article 3 c (new)
Article 3 c (new)
Article 3c Reporting back by law enforcement authorities and organisations acting in the public interest against child sexual abuse to the providers of number- independent interpersonal communications services Law enforcement authorities and organisations acting in the public interest against child sexual abuse shall report back to the providers of number- independent interpersonal communications services with general information to improve the accuracy of their activities, without providing personal data.
Amendment 211 #
Proposal for a regulation
Article 3 d (new)
Article 3 d (new)
Article 3d Statistics By ... [six months after entry into force of Regulation] the Member States shall make publicly available and submit reports to the Commission, and thereafter on an annual basis, with statistics on all of the following elements: (a) the total number of reports with detected child sexual abuse provided by number-independent interpersonal communications services and/or organisations acting in the public interest against child sexual abuse to law enforcement authorities in the Member States; (b) the number of children rescued by means of the activities mentioned in Article 3; (c) the number of perpetrators arrested and convicted; (d) the number of false positives; (e) the breakdown of methods used to detect child sexual abuse; The Commission shall aggregate these statistics and take them into account when reviewing this Regulation, pursuant to [Article 3f (new)].
Amendment 213 #
Proposal for a regulation
Article 3 e (new)
Article 3 e (new)
Article 3e Review 1. On the basis of the reports provided by the data protection authorities pursuant to [Article 3(1)(e)] and the statistics provided by Member States pursuant to [Article 3d (new)], the Commission shall by ... [one year after entry into force of Regulation], and thereafter annually, conduct a review of this Regulation and submit and present a report to the European Parliament and Council. 2. In conducting its review, the Commission shall pay special attention to: (a) all conditions for processing data enumerated under [Article 3 (1)(a)]; (b) the proportionality of activities set out in this Regulation, including an assessment of the statistics submitted by the Member States under [Article 3d]; (c) developments in technological progress regarding such activities, and the extent to which these improve accuracy and reduce false positives.
Amendment 216 #
It shall apply from 21 December 2020 until 31 December 20252.