29 Amendments of Morten LØKKEGAARD related to 2017/0003(COD)
Amendment 157 #
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent beforehave the possibility of objecting to their personal data arebeing included in a directory. The legitimate interest of legal entities requires that end-users that are legal entities have the right to object to the data related to them being included in a directory.
Amendment 160 #
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consendo not object to their data being included in such directories, they should be able to determine on a consentmake an objection on basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should informprovide accessible information to the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consenobject on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user's contact details can be searched should not necessarily be the same.
Amendment 286 #
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent beforehave the possibility of objecting to their personal data arebeing included in a directory. The legitimate interest of legal entities requires that end-users that are legal entities have the right to object to the data related to them being included in a directory.
Amendment 289 #
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consendo not object to their data being included in such directories, they should be able to determine on a consentmake an objection on basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should informprovide accessible information to the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consenobject on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same.
Amendment 330 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user especially in order to secure the integrity, security and access of the information society service, to enhance user experience or for measures to protect against unauthorised use or access to the information society services in agreement with the terms of use for making available the service to the end-user; or
Amendment 338 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user.ement, including measurement with the purposes of determining collective rights, remuneration or other payment systems or
Amendment 385 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7Article 7 (1), (2), and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 393 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet or by the continued use of the information society service after having been provided with accessible and comprehensive information about this action of the end-user.
Amendment 401 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a), (aa) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues. It shall be as easy to withdraw as to give consent.
Amendment 407 #
Proposal for a regulation
Article 10
Article 10
Amendment 435 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (e) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interestnational security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences.
Amendment 439 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Member States shall not impose any obligation on undertakings that would result in the weakening of the security and encryption of their networks and services.
Amendment 447 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consent ofoperators of electronic communication shall provide the option to end- users who are natural persons to includeobject to their personal data being included in the directory and, consequently, shall obtain consent from these end-users forprovide to these end-users the option to object to the inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 453 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall informprovide accessible and intelligible information to end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enablingprovide the end-users' the option to disable such search functions related to their own data.
Amendment 454 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publiclyoperators of electronic communication services available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. ProvideThe operators shall give such end-users that are legal persons the means to verify, correct and delete such data. Natural persons who act for a commercial or economic purpose, such as freelancers, one-man businesses and individual professionals shall be considered legal persons.
Amendment 459 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner.
Amendment 472 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 488 #
Proposal for a regulation
Article 17
Article 17
Amendment 497 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall alsoEach member state shall determine which relevant supervisory authority should be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-users.
Amendment 533 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user especially in order to secure the integrity, security and access of the information society service, to enhance user experience or for measures to protect against unauthorised use or access to the information society services in agreement with the terms of use for making available the service to the end-user; or
Amendment 551 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user.ement, including measurement with the purposes of determining collective rights, remuneration or other payment systems or
Amendment 611 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7Article 7 (1), (2), and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 625 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet or by the continued use of the information society service after having been provided with accessible and comprehensive information about this action of the end-user.
Amendment 656 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting.Such software shall ensure that a consent given by an end user under Article 8 (1) point (b) prevails over the privacy settings chosen at the installation of the software.
Amendment 662 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The software shall not block data processing wich is legally allowed to Art. 8 (1) a), c) or d) or (2) a), irrespective of the browser settings.
Amendment 700 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consent ofoperators of electronic communication shall provide the option to end- users who are natural persons to includeobject to their personal data being included in the directory and, consequently, shall obtain consent from these end-users forprovide to these end-users the option to object to the inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 708 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall informprovide accessible and intelligible information to end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enablingprovide the end-users' the option to disable such search functions related to their own data.
Amendment 714 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publiclyoperators of electronic communication services available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. ProvideThe operators shall give such end-users that are legal persons the means to verify, correct and delete such data. Natural persons who act for a commercial or economic purpose, such as freelancers, one-man businesses and individual professionals shall be considered legal persons
Amendment 785 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall alsoEach member state shall determine which relevant supervisory authority should be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-users.