[ParlTrack]

Proposal for a regulation
Recital 3

(3) Electronic communications data may also reveal information concerning legal entities, such as business secrets or other sensitive information that has economic value and repercussions for privacy. Therefore, the provisions of this Regulation should apply to both natural and legal persons. Furthermore, this Regulation should ensure that provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council21, also apply to end-users who are legal persons. This includes the definition of consent under Regulation (EU) 2016/679. When reference is made to consent by an end-user, including legal persons, this definition should apply. In addition, legal persons should have the same rights as end-users that are natural persons regarding the supervisory authorities; furthermore, supervisory authorities under this Regulation should also be responsible for monitoring the application of this Regulation regarding legal persons. _________________ 21 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88).

2017/06/28
Committee: ITRE

Lorenzo FONTANA

Proposal for a regulation
Recital 25

(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This strictly personal and sensitive information may be used for more intrusive purposes, such as to trace end-users or send commercial messages to end-users themselves, for example when they enter stores, with personalized offers. While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should display prominent notices located on the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, the purpose of the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.

2017/06/28
Committee: ITRE

Lorenzo FONTANA

Proposal for a regulation
Article 8 – paragraph 4

~~4. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 27 determining the information to be presented by the standardized icon and the procedures for providing standardized icons.~~

2017/06/28
Committee: ITRE

Lorenzo FONTANA

Proposal for a regulation
Article 16 – paragraph 1

1. Natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications only to end-users who are natural persons that have given their consent.

2017/06/28
Committee: ITRE

4 Amendments of Lorenzo FONTANA related to 2017/0003(COD)

ParlTrack - 2011-2024