Activities of Silvia-Adriana ȚICĂU 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 (9)
Amendment 40 #
Proposal for a directive – amending act
Recital 33
Recital 33
(33) The AuthorityEuropean Network and Information Security Agency (ENISA), together with the national regulatory authorities for communications, can contribute to the enhanced level of protection for personal data and privacy in the Community by, among other things, providing expertise and advice, adopting standards for network security in respect of electronic communications and data, and 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 60 #
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 c (new)
Article 4 - paragraph 3 c (new)
(3c) Providers of electronic communications services intended for the public and providers of specific information society services shall take technical measures to reduce the vulnerability of personal data stored or processed by them and the risks of such data being accessed, divulged in unauthorised fashion, or modified or lost accidentally or illicitly. In the case of providers of specific information society services, and, in particular, e-government services, such technical measures may include, non-limitatively, appropriate data encryption technologies.
Amendment 61 #
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 d (new)
Article 4 - paragraph 3 d (new)
(3d) Providers of electronic communications services intended for the public and providers of specific information society services shall be exempted from the obligation to notify subscribers where it can be proved that the personal data transmitted, stored or processed which are affected by security breaches have been protected using suitable technological precautions so that they become unreadable in case of unauthorised access or accidental or illicit modification or loss, while remaining recoverable should they become accessible again. Subscribers shall be notified only in cases where the use of their lost or fraudulently accessed data could lead to substantial financial loss or social damage.
Amendment 63 #
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
Article 4 - paragraph 4
Amendment 65 #
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 a (new)
Article 4 - paragraph 4 a (new)
(4a) The national regulatory authorities for electronic communications shall, every six months, submit to the Commission a report summarising the notifications received concerning security in respect of data processing and electronic communications networks, together with the measures proposed for improvement. On the basis of this information, the Commission shall, each year, submit a report to the European Parliament, to be accompanied by proposals for measures for improving the security of electronic communications networks and specific information society services.
Amendment 71 #
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 89 #
Proposal for a directive – amending act
Article 1 - point 12
Article 1 - point 12
Directive 2002/22/EC
Article 20 - paragraph 7a (new)
Article 20 - paragraph 7a (new)
(7a) With a view to protecting consumers' interests, the national regulatory authorities for electronic communications shall, each year, supply standard contracts to the electronic communications service providers within the territory of the Member State concerned. These standard contracts must offer subscribers sufficient freedom of choice as regards the applicable options (minimum period, type of subscription, etc). Electronic communications service providers may not include, in the form of any document annexed to the contract for electronic communications service provision, any clause additional to those of the standard contract setting conditions relating to the provision of electronic communications services under the contract. Any requests by subscribers concerning possible improvement of the standard contract shall be transmitted by them to the national regulatory authorities in order to be included in the annual information on standard contracts given to electronic communications service providers.
Amendment 92 #
Proposal for a directive – amending act
Article 1 - point 18
Article 1 - point 18
Directive 2002/22/EC
Article 30 - paragraph 6
Article 30 - paragraph 6
Amendment 93 #
Proposal for a directive – amending act
Annex I - part A - point e
Annex I - part A - point e
(e) Member States are to authorise specified measures, which are to be proportionate, non-discriminatory and published, to cover non-payment of 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, in cases of fraud, persistentThe transmission of this warning may be made by one of several means of communication (e.g. the post, email, telephone, fax, SMS, etc). Any service interruption shall normally be confined to the service concerned. The national regulatory authorities shall establish common rules for disconnecting subscribers in case of fraud, late payment or repeated non-payment, Member States shall ensure that national regulatory authorities are able to authorise disconnection from the network as a result of non-payment of bills for services provided over the networkto be applicable to all providers of electronic communications services. Information concerning non-payment of electronic communications services or disconnection for that reason shall be considered to be personal data and shall not be communicated to third parties (natural or legal persons), other than with the subscriber's written agreement. Disconnection for non-payment of bills should take place only after due warning is given to the subscriber and a reasonable period has elapsed to allow for regularisation of the situation and payment of the bills. Member States may allow a period of limited service prior to complete disconnection, during which only services that do not incur a charge to the subscriber (e.g. “112” calls) are permitted.