Activities of Syed KAMALL 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 41 #
Proposal for a directive – amending act
Recital 33
Recital 33
(33) The Authority can contribute to the enhanced level of protection for personal data and privacy in the Community by, among other things, providing expertise and advice, promoting the exchange of best practices in risk management, and establishing common methodologies for risk assessment. In particular, it should contribute to harmonisation of appropriate technical and organisational security measures.
Amendment 43 #
Proposal for a directive – amending act
Recital 35
Recital 35
(35) Electronic communications service providers have to make substantial investments in order to combat unsolicited commercial communications (“spam”). They are also in a better position than end- users in possessing the knowledge and resources necessary to detect and identify spammers. Email service providers and other service providers should therefore have the possibility to initiate legal action against spammers for such infringements and thus defend the interests of their customers, as well as their own legitimate business interests.
Amendment 44 #
Proposal for a directive – amending act
Recital 35 a (new)
Recital 35 a (new)
(35a) Where location data other than traffic data can be processed, such data should only be processed when they are made anonymous or with the consent of the users or subscribers. They should be given clear and comprehensive information on the possibility to withdraw their consent for the processing of traffic data at any time.
Amendment 57 #
Proposal for a directive – amending act
Article 2 - point 3 - point b
Article 2 - point 3 - point b
Directive 2002/58/EC
Article 4 - paragraph 3
Article 4 - paragraph 3
3. In case of a serious breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available communications services in the Community, which poses a reasonable threat to cause harm to users, the provider of publicly available electronic communications services shall, without undue delay, notify the subscriber concerned and the national regulatorycompetent authority of such a breach. The notification to the subscribernational regulatory authority shall at least describe the nature of the breach and recommend measures to mitigate its possible negative effects. The notification to the national regulatorycompetent authority shall, in addition, describe the consequences of and the measures taken by the provider to address the breach.
Amendment 69 #
Proposal for a directive – amending act
Article 2 - point 4 a (new)
Article 2 - point 4 a (new)
Directive 2002/58/EC
Article 6 - paragraph 6a (new)
Article 6 - paragraph 6a (new)
(4a) In Article 6 the following paragraph 6a is added: 6a. Traffic data may be processed by any natural or legal person for the purpose of implementing technical measures to ensure the security of a public electronic communication service, a public or private electronic communications network, an information society service, or related terminal and electronic communication equipment. Such processing must be restricted to what is strictly necessary for the purposes of such security activity.
Amendment 71 #
Proposal for a directive – amending act
Article 2 - point 4 c (new)
Article 2 - point 4 c (new)
Directive 2002/58/EC
Article 9 - paragraph 1
Article 9 - paragraph 1
(4c) Article 9(1) shall be replaced by the following: 1. Where location data other than traffic data, relating to users or subscribers of public communications networks or publicly available electronic communications services, can be processed, such data may only be processed when they are made anonymous, or with the prior consent of the users or subscribers to the extent and for the duration necessary for the provision of a value added service. The service provider must inform the users or subscribers, prior to obtaining their consent, of the type of location data other than traffic data which will be processed, of the purposes and duration of the processing and whether the data will be transmitted to a third party for the purpose of providing the value added service. Users or subscribers shall be given the possibility to withdraw their consent for the processing of location data other than traffic data at any time. Users or subscribers shall be given clear and comprehensive information on the possibility to withdraw their consent for the processing of traffic data at any time.
Amendment 76 #
Proposal for a directive – amending act
Article 2 - point 5 a (new)
Article 2 - point 5 a (new)
Directive 2002/58/EC
Article 14 - paragraph 1
Article 14 - paragraph 1
(5a) In Article 14, paragraph 1 shall be replaced by the following: 1. In implementing the provisions of this Directive, Member States shall ensure, subject to paragraphs 2 and 3, that no mandatory requirements for specific technical features, including, without limitation, for the purpose of detecting, intercepting or preventing infringement of intellectual property rights by users, are imposed on terminal or other electronic communication equipment which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.
Amendment 77 #
Proposal for a directive – amending act
Article 2 - point 5 b (new)
Article 2 - point 5 b (new)
Directive 2002/58/EC
Article 14 - paragraph 3
Article 14 - paragraph 3
(5a) In Article 14, paragraph 3 shall be replaced by the following: 3. Where required, measures may be adopted to ensure that terminal equipment is constructed in a way that is compatible with the right of users to protect and control the use of their personal data, in accordance with Directive 1999/5/EC and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications. Such measures shall respect the principle of technology neutrality
Amendment 85 #
Proposal for a directive – amending act
Article 2 - point 7 a (new)
Article 2 - point 7 a (new)
Directive 2002/58/EC
Article 18
Article 18
(7a) Article 18 shall be replaced by the following: 18. The Commission shall submit to the European Parliament and the Council, not later than two years after the date set out in [transposition date] referred to in Article 17(1), a report on the application of this Directive and its impact on economic operators and consumers, in particular as regards the provisions on unsolicited communications, breach notifications, and the use of personal data by third parties - public or private - for purposes not covered by this Directive, taking into account the international environment. For this purpose, the Commission may request information from the Member States, which shall be supplied without undue delay. Where appropriate, the Commission shall submit proposals to amend this Directive, taking account of the results of that report, any changes in the sector and the Treaty of Lisbon, in particular the new competences in matters of data protection as laid down in Article 16, and any other proposal it may deem necessary in order to improve the effectiveness of this Directive.
Amendment 88 #
Proposal for a directive – amending act
Article 1 - point 12
Article 1 - point 12
Directive 2002/22/EC
Article 20 − paragraph 2 − point h
Article 20 − paragraph 2 − point h
(h) the action that might be taken by the undertaking providing connection and/or services in reaction to significant breaches of security or integrity incidents or threats and vulnerabilities.
Amendment 105 #
Recital 22
(22) Given the increasing importance of electronic communications for consumers and businesses, users should 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 lackany relevant limitations imposed on the use of efflective 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 restrictedronic communications services by the service and/or network provider with which they conclude the contract.
Amendment 138 #
Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
3. In order to prevent theaddress unjustified degradation of service and the hindering or slowing down of traffic over networks, Member States shall ensure that national regulatory authorities are able to set minimum quality of service requirements on an undertaking or undertakings providing public communications networks.