12 Amendments of Marian-Jean MARINESCU related to 2017/0003(COD)
Amendment 58 #
Proposal for a regulation
Recital 12
Recital 12
(12) Connected devices and machines increasingly communicate with each other by using electronic communications networks (Internet of Things). The transmission of machine-to-machine communications involves the conveyance of signals over a network and, hence, usually constitutes an electronic communications service. In order to ensure full protection of the rights to privacy and confidentiality of communications, and to promote a trusted and secure Internet of Things in the digital single market, it is necessary to clarify that this Regulation should apply to the transmission of machine-to-machine communications. Therefore, the principle of confidentiality enshrined in this Regulation should also apply to the transmission of machine-to- machine communications. Categories of pure machine-to-machine communication such as transmission between network elements (servers, switches) should be exempted as they have no impact on the privacy and confidentiality of communications. Specific safeguards could also be adopted under sectorial legislation, as for instance Directive 2014/53/EU.
Amendment 59 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Intelligent Transport Systems need additional protection in the ePrivacy Regulation regarding communications data as connected cars generate, transmit and store users' personal data. Personal privacy of consumers in connected vehicles needs to be guaranteed, as third parties access and use driver and driving data.
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The provisions of this Regulation does not lower the level of protection enjoyed by natural persons under the Regulation (EU) 2016/679 but particularise and complement Regulation (EU) 2016/679 by laying down specific rules for the purposes mentioned in paragraphs 1 and 2.
Amendment 131 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the definitions of ‘electronic communications network’, ‘electronic communications service’, ‘interpersonal communications service’, ‘number-based interpersonal communications service’, ‘number-independent interpersonal communications service’, ‘end-user’ and ‘call’ in points (1), (4), (5), (6), (7), (14) and (21) respectively of Article 2 of [Directive establishing the European Electronic Communications Code];
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) 'end-user' means natural person using a publicly available electronic communications service for private or business purposes without necessarily having subscribed to this service;
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) ‘electronic communications content’ means the content exchanged between parties and the external elements of a communication, including during machine-to-machine communication, by means of electronic communications services, such as text, voice, videos, images, and sound;
Amendment 302 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. This Regulation shall be without prejudice to the requirements for the deployment of the eCall in-vehicle system based on the 112 service (Regulation 2015/758) and shall allow eCall to handle emergency situations and carry out the tasks as effectively as possible;
Amendment 401 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data regardless of whether this data is in transit or stored, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or any processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 555 #
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) The end-user shall not be denied access to an information society service or electronic communications service (whether these services are remunerated or not) on grounds that the end-user does not provide consent under point (b) of Article 8(1) or point (b) of Article 8(2) for processing any data that is not strictly necessary for the provision of that service.
Amendment 563 #
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) The end-user shall not be denied any functionality of the terminal equipment on grounds that the end-user does not provide consent as set out in point (b) of Article 8(1) or point (b) of Article 8(2) for processing any data that is not strictly necessary for the functionality requested by the end-user.
Amendment 754 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to-voice calls to end-users who are natural persons shall only be allowed in respect of end- users who are natural persons who have not expressed their objection to receiving those communications. Member States availing of this exception shall establish a national "Do Not Call" register and provide by law that end-users who are natural persons can object to all future direct marketing voice-to-voice calls by registering in the national "Do Not Call" register.
Amendment 759 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner and free of charge, to receiving further marketing communications. Any use of masked sender identities, false contact information or false return addresses or numbers for direct marketing purposes shall be prohibited.