8 Amendments of Piia-Noora KAUPPI related to 2007/0248(COD)
Amendment 26 #
Proposal for a directive – amending act
Recital 24
Recital 24
(24) A television broadcast is a linear audiovisual media service as defined in the Audiovisual Media Services Directive of the European Parliament and of the Council of [….] 2007, which is provided by a media service provider for simultaneous viewing of programmes on the basis of a programme schedule; a media service provider may provide a number of audio or audio visual programme schedules (channels). Legal “must-carry” obligations may be applied, but only to specified broadcast channels supplied by a specified media service provider. Member States should provide a clear justification for the “must carry” obligations in their national law so as to ensure that such obligations are transparent, proportionate and properly defined. In that regard, “must carry” rules should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. “Must carry” rules should be periodically reviewed in order to keep them up-to-date with technological and market evolution in order to ensure that they continue to be proportionate to the objectives to be achieved. Given the rapid change in technology and market conditions such a full review would need to be carried out at least every three year18 months and would require a public consultation of all stakeholders. One or more broadcast channels may be complemented by services to improve accessibility for users with disabilities, such as a videotext service, subtitling service, an audio description or sign language.
Amendment 27 #
Proposal for a directive – amending act
Recital 32
Recital 32
(32) In setting detailed rules concerning the format and procedures applicable to the notification of security breaches, due consideration should be given to the circumstances of the breach, including whether or not the personal data had been protected by encryption or other means, effectively limiting the likelihood of identity fraud or other forms of misuse. Moreover, suchThe rules and procedures should take into account the leginot hamper the investimgate interests ofion by law enforcement authorities in cases where early disclosure could unnecessarily hamper the investigation of the circumstances of a breach.
Amendment 28 #
Proposal for a directive – amending act
Recital 34
Recital 34
(34) Software that surreptitiously monitors actions of the user and/or subverts operation of the user’s terminal equipment for the benefit of a third party (so-called “spyware”) poses a serious threat to users’ privacy. A high and equal level of protection of the private sphere of users needs to be ensured, regardless of whether unwanted spying programmes are inadvertently downloaded via electronic communications networks or are delivered and installed hidden in software distributed on other external data storage media, such as CDs, CD-ROMs, USB keys. Member States should encourage end-users to take the necessary steps to protect their terminal equipment against viruses and spy ware.
Amendment 34 #
Proposal for a directive – amending act
Article 1 – point 11Directive 2002/22/EC
Article 1 – point 11Directive 2002/22/EC
Articles 18 and 19
Articles 18 and 19 areis deleted.
Amendment 35 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6
Article 20 – paragraph 6
Amendment 41 #
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States may impose reasonable “must carry” obligations, for the transmission of specified radio and television broadcast channels and accessibility services, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcasts to the public where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcasts. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly and specifically defined by each Member State in its national law and shall be proportionate and transparent. The obligations referred to in the first subparagraph shall be reviewed by the Member States at the latest within one year of <time-limit for implementation of the amending act>, except where Member States have carried out such a review within the previous 2 years. Member States shall review “must carry” obligations at least every three year18 months.
Amendment 43 #
Proposal for a directive – amending act
Article 2 – point 3 – subpoint b
Article 2 – point 3 – subpoint 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 that have not been rendered unintelligible by technological means, transmitted, stored or otherwise processed in connection withthe course of the provision of publicly available electronic communications services in the Community, which is likely to cause significant harm to subscribers, the provider of the publicly available electronic communications services whose subscribers have had their personal data disclosed, shall, without undue delay, notify the subscriber concerned and the national regulatory authority where the provider is established of such a breach. The notification to the subscriber 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 44 #
Proposal for a directive – amending act
Article 2 – point 3 – subpoint b
Article 2 – point 3 – subpoint b
Directive 2002/58/EC
Article 4 – paragraph 4 – first subparagraph
Article 4 – paragraph 4 – first subparagraph
4. In order to ensure consistency in implementation of the measures referred to in paragraphs 1, 2 and 3, the Commission mayshall, following consultation with the European Electronic Communications Market Authority (hereinafter referred to as “the Authority”), andthe relevant stakeholders, the European Data Protection Supervisor and the public, adopt technical implementing measures concerning inter alia the circumstances, format and procedures applicable to information and notification requirements referred to in this Article.