Activities of Eva-Britt SVENSSON related to 2007/0248(COD)
Plenary speeches (1)
Electronic communications networks, personal data and the protection of privacy - Electronic communications networks and services - Body of European Regulators for Electronic Communications (BEREC) and the Office - Frequency bands for mobile communications (debate)
Amendments (12)
Amendment 106 #
Recital 22
(22) End-users should decide what content they require to be able to send and receive, and which services, applications, hardware and software they require to use for such purposes, without prejudice to the need to preserve the integrity and security of networks and services. A competitive market with transparent offerings as provided for in Directive 2002/22/EC should ensure that end-users are able to access and distribute any content and to use any applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of the traffic management policies of the service and/or network provider with which they conclude the contract. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them under Directive 2002/19/EC (Access Directive) to ensure that users’ access to particular types of content or application is not unreasonably restrictedDisclosure should be such that consumers are able to make an informed decision, and enable them to choose to adjust their behaviour or to switch networks. The information on traffic management policies should include the criteria and rules implemented by the operator for managing traffic, including the thresholds that will trigger changes in the users’ experience of the services. It shall, where necessary, disclose specific actions included in the traffic management policy. Depending on the technology used, this may require user consent under Directive 2002/58/EC.
Amendment 109 #
Recital 22 a (new)
(22a) Traffic management policies are the rules and guidelines which a network operator has put in place to handle the flow of traffic on the network (i.e. bandwidth management), but they may additionally utilise capabilities installed by the operator to prioritise, block and filter traffic according to pre-set criteria. These policies must be able to be justified by a valid technical reasons such as temporary short-term remedies put in place so as to smooth traffic in cases of acute network congestion or in response to malicious activity threatening network security or end-user security. Traffic management policies should be neutral in respect of content and applications and must not result in the user not being able to access content, services and applications. Operators should in all cases respect fundamental rights and freedoms of users.
Amendment 111 #
Recital 22 b (new)
(22b) Internet users are entitled to an Internet connection to send and receive content of their own choice, use services and applications of their own choice, and connect hardware and use software of their own choice that does not harm the network. Internet users are entitled to a connection free from discrimination based on type of application, service or content, or based on sender or receiver address.
Amendment 113 #
Recital 24
(24) The availability of transparent, up-to- date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services. End-users and consumers of electronic communications services should be able to easily compare the prices of various services and their traffic management policies offered on the market based on information published in an easily accessible form. In order to allow them to make price comparisons easily, national regulatory authorities should be able to require from undertakings providing electronic communications networks and/or services greater transparency as regards information (including tariffs, consumption patterns, and other relevant statistics) and to ensure that third parties have the right to use, without charge, publicly available information published by such undertakings, without charge. National regulatory authorities should also be able to make price guides available, in particular where the market has not provided them free of charge or at a reasonable price. Undertakings should not be entitled to any remuneration for the use of information where it has already been published and thus belongs in the public domain. In addition, end-users and consumers should be adequately informed of the price and the type of service offered before they purchase a service, in particular if a freephone number is subject to additional charges. National regulatory authorities should be able to require that such information is provided generally, and, for certain categories of services determined by them, immediately prior to connecting the call, unless it is otherwise provided for by national law. When determining the categories of call requiring pricing information prior to connection, national regulatory authorities should take due account of the nature of the service, the pricing conditions which apply to it and whether it is offered by a provider who is not a provider of electronic communications services. Without prejudice to Directive 2000/31/EC (Directive on electronic commerce), undertakings should also, if required by Member States, provide to subscribers with public interest information produced by the relevant public authorities regarding, inter alia, the most common infringements and their legal consequences. Significant additional costs incurred by undertakings for dissemination of such information should be agreed between the undertakings and the relevant authorities and met by those authorities.
Amendment 114 #
Recital 24 a (new)
(24a) Transparency measures are most effective where disclosure is made both to users and to regulatory authorities, including the National Regulatory Authorities and where necessary, to the BERT/GERT. Member States should ensure therefore that National Regulatory Authorities, the Commission and BERT/GERT may require disclosure of traffic management policies and take appropriate measures in cases where operators fail to disclose their traffic management policies or where the traffic management policy does not respect the rights of users to access the content, applications and services of their choice. Disclosure to regulators should include the traffic management equipment installed by the operator, when it was first commissioned, where in the network it is deployed, how it is configured, when and under what circumstances it is used, and the criteria for restrictions or limitations on usage by end-users including the thresholds that will trigger limits on users’ access. It should, where necessary, disclose specific actions included in the traffic management policy.
Amendment 115 #
Recital 26
(26) A competitive market should ensure that users enjoy the quality of service they require, but in particular cases it may be necessary to ensure that public communications networks attain minimum quality levels so as to prevent degradation of service, the blocking of access and the slowing of traffic over networks. Prioritisation or limitation of traffic must be able to be justified by a valid technical reason, such as temporary short-term remedies put in place so as to smooth traffic in cases of acute network congestion or in response to malicious activity threatening network security or end-user security, and must not result in the user not being able to access content, services and applications. A minimum quality of service should ensure that users are able to access all content, services and applications of their choice without being hindered, limited or blocked by the traffic management policies of the network operator. Since inconsistent remedies will significantly impair the achievement of the internal market, the Commission should assess any requirements set by national regulatory authorities for possible regulatory intervention across the Community and, if necessary, adopt technical implementing measures in order to achieve consistent application throughout the Community.
Amendment 125 #
Article 1 – point 13
Directive 2002/22/EC
Article 20 – paragraph 1 – point (b)
Article 20 – paragraph 1 – point (b)
(b) the services provided, including in particular, -: – information on the provider’s traffic management policies operated by the undertaking such that the subscriber is able to make an informed decision as to whether to purchase the service, and/or, where necessary, adjust their behaviour, deactivate the service, alter the service criteria or switch networks. Operators shall, where necessary, disclose specific actions included in the traffic management policy, – whether or not access to emergency services and caller location information are being provided and/or any limitations for provision of emergency services under Article 26, - the minimum service quality levels offered, namely the time for the initial connection and, where appropriate, other quality of service parameters, as defined by the national regulatory authorities, - the types of maintenance service offered and customer support services provided, as well as the means of contacting these services, - any restrictions imposed by the provider on the use of terminal equipment supplied;
Amendment 129 #
Article 1 – point 13
Directive 2002/22/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that national regulatory authorities are able to oblige undertakings providingundertakings providing connection to a public electronic communications networks and/or electronic communications services to publish transparent, comparable, adequate and up-to- date information, as set out in Annex II, on on traffic management policies, applicable prices and tariffs and any charges due on termination of a contract and information on standard terms and conditions in respect of access to, and use of, services provided by them to end-users and consumers. National regulatory authorities may specify additional requirements regarding the form in which such information is published to ensure transparency, comparability, clarity and accessibility for the benefit of consumers. in accordance with Annex II. Such information shall be published in a clear, comprehensive and easily accessible form and should include when and under what circumstances traffic management policies are implemented, and the criteria and rules implemented by the operator for managing traffic, including the thresholds that will trigger changes in the users’ experience of the services. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.
Amendment 131 #
Article 1 – point 13
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing connection to a public electronic communications network and/or electronic communications services to inter alia: (a) provide applicable tariff information to subscribers regarding any number or service subject to particular pricing conditions; with respect to individual categories of services, national regulatory authorities may require such information to be provided immediately prior to connecting the call; (b) inform subscribers of any change to the provider’s traffic management policies, and any change thereto, so that subscribers are able to make an informed decision as to whether to purchase the service, and/or, where necessary, adjust their behaviour, deactivate the service, alter the service criteria or switch networks. Operators shall, where necessary, disclose specific actions included in the traffic management policy; (ba) regularly remind subscribers of any lack of reliable access to emergency services or caller location information in the service to which they have subscribed; (c) inform subscribers of their right to determine whether or not to include their personal data in a directory, and of the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC (Directive on privacy and electronic communications); and (d) regularly inform disabled subscribers of details of products and services designed for them. If deemed appropriate, national regulatory authorities may promote self- or co- regulatory measures prior to imposing any obligation.
Amendment 135 #
Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall ensure that national regulatory authorities are, after taking account of the views of interested parties, able to require undertakings that provide publicly available electronic communications networks and/or services to publish comparableequivalent, adequate and up- to- date information for end-users on the quality of their services and measures taken to ensure comparable access for disabled end-users and to disclose traffic management policies. That information shall, on request, be supplied to the national regulatory authority in advance of its publication. Member States shall ensure that national regulatory authorities are able to take appropriate measures in cases where operators fail to disclose their traffic management policies or where the traffic management policy does not respect the rights of users to access the content, applications and services of their choice. National regulatory authorities shall additionally ensure that there is a facility in place by which users can monitor and identify any problems created by traffic management policies in cases where disputes may arise.
Amendment 148 #
Article 1 – point 22 – point b
Directive 2002/22/EC
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Without prejudice to national rules in conformity with Community law promoting cultural and media policy objectives, such as cultural and linguistic diversity and media pluralism, national regulatory authorities and other relevant authorities may promote cooperation between undertakings providing electronic communications networks and/or services and sectors interested in the promotion of lawful content in electronic communication networks and services. That cooperation may also include coordination of the public interest information to be provided pursuant to Article 21(4)(a) and Article 20(1).
Amendment 150 #
Article 2 – point 6 – point c
Directive 2002/58/EC
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Traffic data may be processedcollected, stored and used in specific cases to the extent strictly necessary to ensure network and information security, as defined by Article 4(c) of Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency. Traffic data stored pursuant to this paragraph must not be used for any other purpose and must be erased or made anonymous no later than seven days after its collection.