29 Amendments of Sharon BOWLES related to 2007/0248(COD)
Amendment 6 #
Proposal for a directive – amending act
Recital 13
Recital 13
(13) The right of subscribers to withdraw from their contracts without penalty refers to modifications in contractual conditions which are imposed by the providers of electronic communications networks and/or services, other than changes required by law. Where a contract contains a clause enabling the provider to unilaterally vary the contract, Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts1 applies. The right of subscribers to withdraw applies to detrimental variations whether applied on a stand-alone basis or in bundled services.
Amendment 7 #
Proposal for a directive – amending act
Recital 15
Recital 15
(15) The availability of transparent, up-to- date and comparable tariffs is a key element for consumers in competitive markets with several providers offering services. Consumers of electronic communications services should be able to easily compare prices of various services offered on the market based on tariff information published in an easily accessible form. In order to allow them to make price comparisons easily, national regulatory authorities should have powers to require from operators better tariff transparency and to ensure that third parties have the right to use without charge publicly available tariffs published by undertakings providing electronic communications services. They should also make price guides available where the market has not provided them. Operators should not be entitled to any remuneration for such use of tariffs which had already been published and thus belong to the public domain. In addition, users should be adequately informed of the price involved or the type of service offered before they purchase a service, in particular if a freephone number is subject to any additional charges. The Commission should be able to adopt technical implementing measures to ensure that end-users benefit from a consistent approach to tariff transparency in the Community.
Amendment 8 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) A competitive market should ensure that users are able to have 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 the networks. In particular, the Commission should be able to adopt implementing measures with a view to identifying the quality standards to be used by the national regulatory authorities.
Amendment 9 #
Proposal for a directive – amending act
Recital 21
Recital 21
Amendment 10 #
Proposal for a directive – amending act
Recital 29
Recital 29
(29) A serious breach of security resulting in the loss or compromising of personal data of an individual subscriber may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud. Therefore, subscribers concerned by such security incidents should be notified without delay and informed in order to be able to take the necessary precautionsthe national regulatory authority should be notified without delay. The notification should include information about measures taken by the provider to address the breach, as well as recommendations for the users affected. The national regulatory authority should consider and determine the seriousness of the breach and should require the provider where appropriate to notify without undue delay the subscribers directly affected by the breach.
Amendment 12 #
Proposal for a directive – amending act
Recital 33
Recital 33
Amendment 13 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/22/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take specific measures for disabled end-users in order to ensure access to and affordability of publicly available telephelectronic communicationes services, including access to emergency services, directory enquiry services and directories, equivalent to that enjoyed by other end- users.
Amendment 14 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 2 – subparagraph 1 – point e
Article 20 – paragraph 2 – subparagraph 1 – point e
(e) the duration of the contract, the conditions for renewal and termination of services and of the contract, including direct costs forany charges related to portability of numbers and other identifiers and any charges that will be levied due to involvement of subsidised equipment;
Amendment 15 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 2 – subparagraph 1 – point h
Article 20 – paragraph 2 – subparagraph 1 – point h
(h) the type of action that might be taken by the undertaking providing connection and/or services in reaction to security or integrity incidents or threats and vulnerabilities, and any compensation arrangements which apply if security or integrity incidents occur.
Amendment 16 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 2 – subparagraph 1 a (new)
Article 20 – paragraph 2 – subparagraph 1 a (new)
The contract shall also include relevant information on the legally permissible uses of electronic communications networks and the means of protection against risks to privacy and personal data referred to in Article 21(4a).
Amendment 17 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 7
Article 20 – paragraph 7
7. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of modifications to the detriment of the subscriber in the contractual conditions proposed by operators in reliance on a term in the contract allowing unilateral changes. Subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions. If the contract does not contain a term enabling the operator to unilaterally alter the contract the notice shall inform the subscriber of the right to refuse to accept the proposed modification and to maintain the contract unchanged.
Amendment 18 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 6
Article 21 – paragraph 6
Amendment 19 #
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
3. In order to prevent degradation of service and slowing of traffic over networks, the Commission may, having consulted the Authority, adopt teand to ensure that the ability of users to access or distribute lawful content or to run lawful applications and services of their chnoical implementing measures concerninge is not unreasonably restricted, national regulatory authorities may adopt minimum quality of service requirements to be set by the n. National regulatory authorities may con undertakings providing public communications networks. These measures designed to amend non- essential elemsider a limitation imposed by the operator on the ability of users to access or distribute lawful contents ofr this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3)o run lawful applications and services of their choice to be unreasonable if it discriminates according to source, destination, content or type of application, and is not duly justified by the operator.
Amendment 20 #
Proposal for a directive – amending act
Article 1 – point 15 – point b a (new)
Article 1 – point 15 – point b a (new)
Directive 2002/22/EC
Article 25 – paragraph 4
Article 25 – paragraph 4
(ba) Paragraph 4 shall be replaced by the following: ‘4. Member States shall not maintain any regulatory restrictions which prevent end-users in one Member State from accessing directly the directory enquiry service in another Member State by voice call or SMS, and shall take measures to ensure such access pursuant to Article 28.’
Amendment 21 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 22 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
Amendment 23 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
National regulatory authorities shall be able to block on a case-by-case basis access to numbers or services where this is justified by reasons of fraud or misuse, including where an investigation is pending, and to ensure that providers of electronic communications services withhold relevant interconnection or other service revenues.
Amendment 25 #
Proposal for a directive – amending act
Article 2 – point 3 – point a a (new)
Article 2 – point 3 – point a a (new)
Directive 2002/58/EC
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
(aa) the following paragraph shall be inserted: ‘1a. Without prejudice to the provisions of Directives 95/46/EC and 2006/24/EC, these measures shall include: – appropriate technical and organisational measures to ensure that personal data may be accessed only by authorized personnel and to protect personal data stored or transmitted against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure; – appropriate technical and organizational measures to protect the network and services against accidental, unlawful or unauthorized usage, interference with or hindering of its functioning or availability, including inter alia the distribution of unsolicited or fraudulent electronic communication messages; – a security policy with respect to the processing of personal data; – a process for identifying and assessing reasonably foreseeable vulnerabilities in the systems maintained by the provider of the electronic communication service, which shall include regular monitoring for security breaches; – a process for taking preventive, corrective and mitigating action against any vulnerabilities discovered in the process described in the third indent, and a process for taking preventive, corrective and mitigating action against security incidents that may lead to a security breach;’
Amendment 26 #
Proposal for a directive – amending act
Article 2 – point 3 – point a b (new)
Article 2 – point 3 – point a b (new)
Directive 2002/58/EC
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
(ab) the following paragraph shall be inserted: ‘1b. National regulatory authorities shall have the power to audit the measures taken by providers of publicly available electronic communication services and of information society services and to issue recommendations about best practices and performance indicators concerning the level of security which these measures should achieve.’
Amendment 27 #
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 is likely to cause harm to users, the provider of publicly available electronic communications services, and any company providing services to consumers over the Internet which is the data controller and the provider of information society services shall, without undue delay, notify the subscriber concerned and the national regulatory 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 regulatory authority shall, in addition, describe the consequences of and the measures taken by the provider to address the breach.
Amendment 28 #
Proposal for a directive – amending act
Article 2 – point 3 – point b a (new)
Article 2 – point 3 – point b a (new)
Directive 2002/58/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(ba) the following paragraph shall be inserted: ‘3a. The national regulatory authority shall consider and determine the seriousness of the breach. If the breach is deemed to be serious, the national regulatory authority shall require the provider of publicly available electronic communications service and the provider of information society services to appropriately notify without undue delay the subscribers directly affected by the breach. The notification shall contain the information set out in paragraph 3. The notification of a serious breach may be postponed in cases where it may undermine the progress of a criminal investigation into that breach.’
Amendment 29 #
Proposal for a directive – amending act
Article 2 – point 3 – point b b (new)
Article 2 – point 3 – point b b (new)
Directive 2002/58/EC
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
(bb) The following paragraph shall be inserted: ‘3b. The seriousness of a breach requiring notification to subscribers shall be determined according to the circumstances of the breach, such as the risk to the personal data affected by the breach, the type of data affected by the breach, the number of subscribers involved, and the immediate or potential impact of the breach on the provision of services.’
Amendment 30 #
Proposal for a directive – amending act
Article 2 – point 3 – point b c (new)
Article 2 – point 3 – point b c (new)
Directive 2002/58/EC
Article 4 – paragraph 3 c (new)
Article 4 – paragraph 3 c (new)
(bc) The following paragraph shall be inserted: ‘3c. The breach shall not be determined to be serious and the provider of publicly available electronic communication services and the provider of information society services shall be exempt from the requirement to notify or provide notification to subscribers, if it can be demonstrated that there is no reasonable risk to the personal data affected by the breach due to the use of appropriate technological protection measures, including but not limited to appropriate encryption technologies, which render the data unintelligible in the event of accidental or unlawful loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored, or otherwise appropriate technological protection measures, which renders the personal data available in case of accidental or unlawful loss.’
Amendment 31 #
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 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
4. In order to ensure consistency in implementation of the measures referred to in paragraphs 1, 2 and to 3c, the Commission mayshall, following consultation with the European Electronic Communications Market Authority (hereinafter referred to as ‘the Authority’), and the European Data Protection Supervisor, adoptnd ENISA, recommend technical implementing measures concerning inter alia the measures described in paragraph 1a and the circumstances, format and procedures applicable to the information and notification requirements referred to in this Articleparagraph 3a.
Amendment 32 #
Proposal for a directive – amending act
Article 2 – point 4
Article 2 – point 4
Directive 2002/58/EC
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that the storing of information, or gaining access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerne, either directly or indirectly by means of any kind of storage medium, is prohibited unless the subscriber or user concerned has given their prior consent and is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user.
Amendment 33 #
Proposal for a directive – amending act
Article 2 – point 4 a (new)
Article 2 – point 4 a (new)
Directive 2002/58/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
(4a) Article 13(1) shall be replaced by the following: ‘1. The use of automated calling systems without human intervention (automatic calling machines), facsimile machines (fax), short message services (SMS) or electronic mail for the purposes of direct marketing may only be allowed in respect of subscribers who have given their prior consent.’
Amendment 34 #
Proposal for a directive – amending act
Article 2 – point 4 b (new)
Article 2 – point 4 b (new)
Directive 2002/58/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
(4b) Article 13(4) shall be replaced by the following: ‘4. In any event, the practice of sending electronic mail for purposes of direct marketing disguising or concealing the identity of the sender on whose behalf the communication is made, either in contravention of Article 6 of Directive 2000/31/EC, or containing links to sites that have a malicious or fraudulent intent, or without a valid address to which the recipient may send a request that such communications cease, shall be prohibited.’
Amendment 35 #
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/58/EC
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Without prejudice to any administrative remedy for which provision may be made, inter alia under Article 15 (a)(2), Member States shall ensure that any individual or legal person having a legitimate interest in combating infringements of national provisions adopted pursuant to this ArticlDirective, including an electronic communications service provider protecting its legitimate business interests or the interests of their customers, may take legal action against such infringements before the courts.
Amendment 37 #
Proposal for a directive – amending act
Annex I – Part A – heading (e)
Annex I – Part A – heading (e)
Directive 2002/22/EC
Annex I – Part A – heading (e)
Annex I – Part A – heading (e)
(e) Member States are to authorise specified measures, which are to be proportionate, non-discriminatory and published, to cover non-payment of telephone bills of operators designated in accordance with Article 8. These measures are to ensure that due warning of any consequent service interruption or disconnection is given to the subscriber beforehand. Any service interruption shall normally be confined to the service concerned. Exceptionally,Except in cases of fraud, persistent late payment or non-payment, Member Statthese measures shall ensure that national regulatory authorities are a, as far as is technically feasible, to authorise disconnection from the network as a result of non-payment of bills for services provided over the networkhat any service interruption is confined to the service concerned. Disconnection for non- payment of bills should take place only after due warning is given to the subscriber. Member States may allow a period of limited service prior to complete disconnection, during which only calls that do not incur a charge to the subscriber (e.g. ‘112’ calls) are permitted.