Activites

• 2002/07/31 Final act published in Official Journal
  • Directive 2002/58
  • OJ L 201 31.07.2002, p. 0037-0047
• 2002/07/12 Final act signed
• 2002/07/12 End of procedure in Parliament
• #2439
• 2002/06/25 Council Meeting
• 2002/05/30 Decision by Parliament, 2nd reading
  • T5-0261/2002 summary

    The European Parliament largely approved the compromise on the Directive on data protection that was worked out between the EPP-ED and the PES. There will be no conciliation procedure. It rejected the report by Marco CAPPATO (NI, Italy). On the contentious issue of data protection, it was agreed by Parliament that Member States may only lift the protection of data privacy in order to conduct criminal investigations or safeguard national or public security, when this is a necessary, appropriate and proportionate measure within a democratic society. In a recital, Parliament added that lawful interceptions of electronic communications should be subject to adequate safeguards in accordance with the European Convention on Human Rights and Fundamental Freedoms and with the rulings of the European Court of Human Rights. On spamming, Parliament accepted the Council's common position, thus approving an opt-in system for e-mail, faxes and automated calling systems, which means that users should give prior permission for receiving unsolicited electronic communications for marketing purposes. As regards "cookies", Parliament accepted the Council's common position that users should have the right to refuse them, specifying that users should be provided with clear and comprehensive information on their purposes. On the inclusion of personal data into public directories, Parliament again accepted the Council's common position, saying that users should give prior permission. Parliament has maintained the possibility for Member States to allow reverse search functions. Finally, the European Parliament asked for a review of the Directive within three years of its application.�

• 2002/05/29 Debate in Parliament
  • Debate in Parliament
• 2002/04/18 Vote in committee, 2nd reading
  • A5-0130/2002
• 2002/02/06 Committee referral announced in Parliament, 2nd reading
• #2406
• 2002/01/28 Council Meeting
  • 15396/2/2001 summary

    The Council welcomed the proposal, fully endorsing its objectives and approving most of the provisions. The Council's amendments to the text of the Commission proposal were motivated by the following major concerns: - the need to upgrade the level of protection for subscribers and users; - consideration of the technical requirements involved in providing new communications services; - a wording better reflecting the balance between protection of privacy requirements and the needs of Member State authorities responsible for ensuring security in a democratic society; - the need to clarify the scope of the Directive's provisions in accordance with the guidelines on the editorial quality of Community legislation. In many instances identical or similar changes are adopted in the European Parliament's amendments. On two important questions, directories of subscribers and unsolicited communications, the Council followed the Commission's opt-in approach but introduced technical and other adjustments to the latter's proposal. It was therefore unable to endorse certain European Parliament amendments which marked a departure from the Commission proposal. The Council agreed in particular to make it possible for directories of voice telephony subscribers to derogate from the obligation to obtain the consent of the persons concerned to the continuing inclusion of their information in these directories. The Council also thought it useful to clarify certain areas of the text of the Commission proposal in the light of the serious threat posed by the events of 11 September 2001. Article 15(1) was extended to include the retention of data for a limited period in accordance with the general principles of Community law among the legislative measures which Member States may adopt to safeguard certain major public security interests. Recital 11 was adapted, accordingly, in a balanced way. Finally, a reference to Article 15(1) was added to Article 6(1) as a reminder that limitations on the principle of the erasure of traffic data are possible not only for network or service providers but also for Member States' authorities responsible for defending the aforementioned public interests. In this context, the Council was unable to agree to certain European Parliament amendments.�

• #2395
• 2001/12/06 Council Meeting
  • 2395
• 2001/11/13 Decision by Parliament, 1st reading/single reading
  • T5-0588/2001 summary

    The European Parliament adopted the report by Marco CAPPATO (Ind, I) on the protection of privacy in the context of electronic communications. (Please refer to previous text.) Notwithstanding the prohibition on direct marketing by fax, SMS or automated calling systems, companies may use details obtained directly from their customers for direct marketing. Customers must have the right to stop this, free of charge and in an easy manner at any time. The sending of electronic messages for the purposes of direct marketing which disguise or conceal the identity of the sender is prohibited. After 30 months from the entry into force of the directive, subscribers must have the right to ask providers of electronic communications services to use technical solutions which allow them to view the sender and subject line of electronic mails, without having to download the rest of the contents or any attachments. National legislation complying with the directive must be effective 15 months after its entry into force. The Commission must submit an impact report no later than three years after the date of implementation.�

• 2001/11/12 Debate in Parliament
  • Debate in Parliament
• 2001/10/22 Vote in committee, 1st reading/single reading
  • A5-0374/2001
• #2374
• 2001/10/15 Council Meeting
  • 2374 summary

    The Council has put in charge the Committee of Permanent Representatives to: - take up actively work on the only remaining open question concerning unsolicited communications (article 13 of the proposal), - to re-examine, in view of the apparent needs following the 11 September attacks, the question of the deletion of traffic data (article 15) in order to verify in which measure these provisions shall ensure a sufficient legal security. As for the eventual revision of a compromise on this article 15, the need to keep the balance between the protection of civil liberties and the demands on security from the State has been underlined.�

• 2001/09/06 Decision by Parliament, 1st reading/single reading
  • T5-0441/2001 summary

    The European Parliament voted by 204 to 129 with 155 abstentions to refer the draft directive on privacy protection in electronic communication back to its Committee on Citizen's Freedoms and Rights, Justice and Home Affairs for further debate on a compromise. Therefore, the report drafted by Mr Marco CAPPATO (TGI, I) was rejected. At issue was the question of spamming - the sending of unsolicited junk mail. The House adopted by 259 votes in favour, 210 against and 6 abstentions an amendment that would prohibit it without prior permission of subscribers - the so-called 'opt-in system'. However, the end result of all the different amendments adopted individually was unacceptable to a majority of MEPs.�

• 2001/09/05 Debate in Parliament
  • Debate in Parliament
• 2001/07/11 Vote in committee, 1st reading/single reading
  • A5-0270/2001
• #X014
• 2001/06/27 Council Meeting
  • X014
• #2325
• 2000/12/22 Council Meeting
  • 2325
• #X013
• 2000/12/04 Council Meeting
• #2293
• 2000/10/03 Council Meeting
  • 2293
• 2000/09/08 Committee referral announced in Parliament, 1st reading/single reading
• 2000/07/12 Legislative proposal published
  • COM(2000)0385 summary

    PURPOSE : to ensure that a high level of personal data and privacy will continue to be guaranteed for all electronic communications services regardless of the technology used. CONTENT : the proposed Directive is intended to replace Directive 97/66/EC concerning the processing of personal data and the protection of privacy in the telecommunications sector, which was adopted by the European Parliament and the Council on 15 December 1997 and had to be transposed by 24 October 1998 at the latest. The proposal is not intended to create major changes to the substance of the existing Directive, but merely adapts and updates the existing provisions to new and foreseeable developments in electronic communications services and technologies. The majority of provisions of the existing Directive are therefore carried over in the new proposal, subject to minor drafting changes. One of the regulatory principles as set out in the context of the 1999 Review of the regulatory framework for electronic communications services, is the aim to create rules which are technology neutral, this is not to impose, nor to discriminate in favour of, the use of a particular type of technology, but to ensure that the same service is regulated in an equivalent manner, irrespective of the means by which it is delivered. This also implies that consumers and users should get the same level of protection regardless of the technology by which a particular service is delivered. In the present proposal the existing definitions of telecommunications services and networks in Directive 97/66/EC will be replaced by definitions of electronic communications services and networks to align the terminology with the proposed Directive establishing a common framework for electronic communications services and networks. Moreover, four new definitions are added of calls, communications, traffic data and location data to strengthen the common understanding of these terms and thereby improve the harmonised implementation of the relevant articles throughout the Community. �

  • DG [{'url': 'http://ec.europa.eu/dgs/connect/index_en.htm', 'title': 'Communications Networks, Content and Technology'}],

Documents

• Legislative proposal published: COM(2000)0385
• Debate in Council: 2293
• Debate in Council: 2325
• Debate in Council: X014
• Committee report tabled for plenary, 1st reading/single reading: A5-0270/2001
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0441/2001
• Debate in Council: 2374
• Committee report tabled for plenary, 1st reading/single reading: A5-0374/2001
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0588/2001
• Debate in Council: 2395
• Council position published: 15396/2/2001
• Committee recommendation tabled for plenary, 2nd reading: A5-0130/2002
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 2nd reading: T5-0261/2002
• : Directive 2002/58
• : OJ L 201 31.07.2002, p. 0037-0047

History

(these mark the time of scraping, not the official date of the change)