Activities of Kateřina KONEČNÁ related to 2022/0155(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse
Amendments (17)
Amendment 158 #
Proposal for a regulation
Title 1
Title 1
Amendment 184 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) To further prevent online child sexual abuse effectively, an emphasis should be placed on public awareness raising, including through easily understandable campaigns and in education with a focus on empowerment of young people to use the internet safely and to address societal factors that enable child sexual abuse, including harmful gender norms about women and girls and broader issues of societal inequality; In addition awareness raising should focus on hotlines where young people can report what has happened to them, as well as to improve access to institutional reporting by police and social services and other authorities.
Amendment 186 #
Proposal for a regulation
Recital 17
Recital 17
(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used, taking into acount the autonomy and rights of children and apapt their design, features and functions of services accordingly. 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 in 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 authority.
Amendment 190 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) End-to-end encryption is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Any restrictions of encryption could potentially be abused by malicious third parties, including deployment of software on end- user devices which can inspect private messages before encryption and transfer this information to third parties . In order to ensure effective consumer trust, nothing in this Regulation should be interpreted as prohibiting providers of information society services from providing their services applying encryption, restricting or undermining such encryption in the sense of being detrimental to users’ expectations of confidential and secure communication services. Member States should not prevent or discourage providers of information society services from providing their services applying encryption, considering that such encryption is essential for trust in and security of the digital services, and effectively prevents unauthorised third party access.
Amendment 207 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Monitoring private communications of all users of a number- independent interpersonal communications service in a general and indiscriminate manner is likely to infringe on the essence of their fundamental rights and the prohibition of general monitoring. To the greatest extent possible, and as the predominant rule, detection orders should be targeted against users for whom there is a reasonable suspicion that they have been sharing child sexual abuse material in the past or that they will share child sexual abuse material in the future.
Amendment 277 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Providers of hosting services and providers of number-independent interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of use of the service for the purpose of online child sexual abuse. This risk assessment shall be specific to their services and proportionate to the risks, taking into consideration their severity and probability and in full respect to the fundamental rights enshrined in the Charter.
Amendment 290 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
— functionalities enabling age verificationpreventing online child sexual abuse;
Amendment 318 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission, in cooperation with Coordinating Authorities and the EU Centre, the EU Centre and the European Data Protection Board 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 and to the manners in which the services covered by those provisions are offered and used.
Amendment 353 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of number-independant 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, enablinge them to take the mitigation measures.
Amendment 376 #
Amendment 385 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Security and confidentiality of communications Nothing in this Regulation shall be construed as prohibiting, restricting or undermining the provision or the use of encrypted services. Member States shall not prevent or discourage providers of relevant information society services from offering encrypted services.
Amendment 395 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power, as a last resort, when all the measures in Article 3, 4 and 5 have been exhausted, 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, for a limited time and for the sole purpose of detecting known child sexual abuse material, a detection order requiring a provider of hosting services or a provider of number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect onlineknown child sexual abuse on a specific service and relating to specific users or groups of users. The detection order shall be directed to the providers of hosting services and number-independent interpersonal communications services that can reasonably be expected to have the technical and operational ability to act.
Amendment 409 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a
Article 7 – paragraph 3 – subparagraph 2 – point a
(a) draft an implementation plan setting out the measures it envisages taking to execute the intended detection order, including detailed information regarding the envisaged technologies and safeguards and their negative impacts on the rights of all parties involved, including the users of the service;
Amendment 445 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection 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) thereof. To the greatest extent possible, the detection order should be targeted against users who can be reasonably suspected of distributing child sexual abuse material.
Amendment 630 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, hotlines, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services.
Amendment 633 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The Coordinating Authorities, hotlines, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.
Amendment 669 #
Proposal for a regulation
Article 84 – paragraph 1 a (new)
Article 84 – paragraph 1 a (new)
1 a. The annual report shall also include the number of users affected by detection and removal orders.