Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | LAMBRINIDIS Stavros ( PSE) | |
Committee Opinion | CULT | MAVROMMATIS Manolis ( PPE-DE) | |
Committee Opinion | ITRE |
Lead committee dossier:
Legal Basis:
RoP 134o-p3
Legal Basis:
RoP 134o-p3Events
The European Parliament adopted by 481 votes to 25, with 21 abstentions, a resolution on strengthening security and fundamental freedoms on the Internet. This is the first recommendation from the MEPs concerning the fight against cybercrime and the rights of surfers: freedom of association and expression, non-discrimination and access. Members note that on the Internet, freedom of expression and privacy can at the same time be both better enhanced and more exposed to intrusions and limitations by both private and public actors. Furthermore, Parliament is also concerned with the idea that e-illiteracy will be the new illiteracy of the 21st Century. Ensuring that all citizens have access to the Internet is therefore equivalent to ensuring that all citizens have access to schooling.
The European Parliament addresses a series of recommendations to the Council on the following issues:
Full and safe access to the Internet for all : recommendations include participating in efforts to make the Internet an important tool for the empowerment of users, an environment which allows the evolution of ‘bottom up’ approaches and of e-democracy, while at the same time ensuring that significant safeguards are established as new forms of control and censorship can develop in this sphere.
The Council needs to ensure that security, freedom of expression and the protection of privacy, as well as openness on the Internet, are approached not as competing goals, but instead are delivered simultaneously within a comprehensive vision that responds adequately to all these imperatives. Parliament ensures that the legal rights of minors to protection from harm, as prescribed by the UN Convention on the Rights of the Child and as reflected in EU law, are fully reflected in and across all relevant actions, instruments or decisions relating to strengthening security and freedom on the Internet.
Strong commitment to combating cyber crime : the Presidency of the Council and the Commission are invited to develop a comprehensive strategy to combat cybercrime , pursuant to the Council of Europe Convention on Cybercrime, including ways in which to address the issue of “identity theft” and fraud at EU level in cooperation with both Internet providers and user organisations, as well as the police authorities dealing with IT-related crime. Parliament calls for the creation of an EU desk for assistance to victims of identity theft and identity fraud, and invites the Council to proceed to the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights. It also urges Member States to update legislation to protect children using the Internet, in particular in order to criminalise grooming (online solicitation of children for sexual purposes).
Constant attention to the absolute protection and enhanced promotion of fundamental freedoms on the Internet : the Council needs to consider that “digital identity” is increasingly becoming an integral part of our ‘self’ and in this respect deserves to be protected effectively from intrusions by both private and public actors – thus, the particular set of data that is organically linked to the “digital identity” of an individual should be defined and protected, and all its elements should be considered inalienable personal, non-economic and non-tradable rights.
Parliament invites the Council to recognise the danger of certain forms of Internet surveillance and control aimed also at tracking every ‘digital’ step of an individual, with the aim of providing a profile of the user and of assigning 'scores'. Such techniques should always be assessed in terms of their necessity and their proportionality in the light of the objectives they aim to achieve. It emphasises also the need for an enhanced awareness and informed consent of users with respect to their e-activities involving the sharing of personal data (for instance in the case of social networks).
The Council should examine and prescribe limits to the ‘consent’ that can be requested of and extracted from users, whether by governments or by private companies, to relinquish part of their privacy, as there is a clear imbalance of negotiating power and of knowledge between individual users and such institutions.
Member States that intercept and monitor data traffic, regardless of whether that applies to their own citizens or to data traffic from abroad, should do so under the strict conditions and safeguards provided by law.
Member States must ensure that freedom of expression is not subject to arbitrary restrictions from the public and/or private sphere and to avoid all legislative or administrative measures that could have a "chilling effect" on all aspects of freedom of speech .
International undertakings : the Council should exhort all Internet players to engage in the on-going process of “Internet Bill of Rights ,” which builds on existing fundamental rights, promotes their enforcement, and fosters the recognition of emerging principles. In this respect the dynamic coalition on the Internet Bill of Rights has a leading role to play.
Furthermore, the Council should recognise that the global and open nature of the Internet requires global standards for data protection, security and freedom of speech. Parliament calls on Member States and the Commission to take the initiative for the drawing up of such standards.
The Committee on Civil Liberties, Justice and Home Affairs adopted the own-initiative report drawn up by Stavros LAMBRINIDIS (PES, EL) on the proposal for a European Parliament recommendation to the Council on strengthening security and fundamental freedoms on the Internet. The report deals with the fight against cybercrime and the rights of surfers: freedom of association and expression, non-discrimination and access. Members note that on the Internet, freedom of expression and privacy can at the same time be both better enhanced and more exposed to intrusions and limitations by both private and public actors. Furthermore, e-illiteracy will be the new illiteracy of the 21st Century. Ensuring that all citizens have access to the Internet is therefore equivalent to ensuring that all citizens have access to schooling. Such access should not be punitively denied by governments or private companies.
The committee addresses a series of recommendations to the Council on the following issues:
Full and safe access to the Internet for all: recommendations include participating in efforts to make the Internet an important tool for the empowerment of users, an environment which allows the evolution of ‘bottom up’ approaches and of e-democracy, while at the same time ensuring that significant safeguards are established as new forms of control and censorship can develop in this sphere.
The Council needs to ensure that security, freedom of expression and the protection of privacy, as well as openness on the Internet, are approached not as competing goals, but instead are delivered simultaneously within a comprehensive vision that responds adequately to all these imperatives.
Strong commitment to combating cyber crime : the Presidency of the Council and the Commission are invited to develop a comprehensive strategy to combat cybercrime, pursuant to the Council of Europe Convention on Cybercrime, including ways in which to address the issue of “identity theft” and fraud at EU level in cooperation with both Internet providers and user organisations, as well as the police authorities dealing with IT-related crime. The committee calls for the creation of an EU desk for assistance to victims of identity theft and identity fraud, and invites the Council to proceed to the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights.
Constant attention to the absolute protection and enhanced promotion of fundamental freedoms on the Internet : the Council needs to consider that “digital identity” is increasingly becoming an integral part of our ‘self’ and in this respect deserves to be protected effectively from intrusions by both private and public actors – thus, the particular set of data that is organically linked to the “digital identity” of an individual should be defined and protected, and all its elements should be considered inalienable personal, non-economic and non-tradable rights.
The committee invites the Council to recognise the danger of certain forms of Internet surveillance and control aimed also at tracking every ‘digital’ step of an individual, with the aim of providing a profile of the user and of assigning 'scores'. Such techniques should always be assessed in terms of their necessity and their proportionality in the light of the objectives they aim to achieve. It emphasises also the need for an enhanced awareness and informed consent of users with respect to their e-activities involving the sharing of personal data (for instance in the case of social networks).
The Council should examine and prescribe limits to the ‘consent’ that can be requested of and extracted from users, whether by governments or by private companies, to relinquish part of their privacy, as there is a clear imbalance of negotiating power and of knowledge between individual users and such institutions.
Member States that intercept and monitor data traffic, regardless of whether that applies to their own citizens or to data traffic from abroad, should do so under the strict conditions and safeguards provided by law.
Member States must ensure that freedom of expression is not subject to arbitrary restrictions from the public and/or private sphere and to avoid all legislative or administrative measures that could have a "chilling effect" on all aspects of freedom of speech.
Members call on the Commission to carry out an in-depth study of the privacy aspects of online advertising.
International undertakings : the Council should exhort all Internet players to engage in the on-going process of “Internet Bill of Rights ,” which builds on existing fundamental rights, promotes their enforcement, and fosters the recognition of emerging principles. In this respect the dynamic coalition on the Internet Bill of Rights has a leading role to play.
Furthermore, the Council should recognise that the global and open nature of the Internet requires global standards for data protection, security and freedom of speech. The committee calls on Member States and the Commission to take the initiative for the drawing up of such standards.
PURPOSE: to present a European Parliament recommendation to the Council on strengthening security and fundamental freedoms on the Internet.
CONTENT: this proposal was tabled pursuant to Rule 114(1) of the Rules of Procedure by Stavros Lambrinidis on behalf of the PES group.
The Parliament notes that the Internet has become a key instrument at world level for exercising freedom of expression and developing business activities. These circumstances make it crucial for the combating of crime and abuses of public and personal powers not to limit the potential of that instrument. The worldwide scope, rapid development and specific technical characteristics of the Internet make it difficult to supervise through national legislation alone.
Therefore, initiatives should be taken, not least at international level, to protect the rights of individuals in terms not only of their security but also of their freedoms and the protection of their private lives.
The European Parliament addresses the following recommendations to the Council:
facilitate a gradual alignment in the EU of national legislation concerning the requirements relating to the protection of fundamental rights on the Internet; take steps to intensify the dialogue between national and European legislators and between national and European courts; promote the dialogue between all those involved in and affected by the Internet, and particularly Internet operators and users; promote conclusion of the necessary international agreements, both at a bilateral (and notably Transatlantic) level and at a multilateral level (CoE, OECD and UN initiatives).
This recommendation should be forwarded to the Council and, for information, to the Commission.
PURPOSE: to present a European Parliament recommendation to the Council on strengthening security and fundamental freedoms on the Internet.
CONTENT: this proposal was tabled pursuant to Rule 114(1) of the Rules of Procedure by Stavros Lambrinidis on behalf of the PES group.
The Parliament notes that the Internet has become a key instrument at world level for exercising freedom of expression and developing business activities. These circumstances make it crucial for the combating of crime and abuses of public and personal powers not to limit the potential of that instrument. The worldwide scope, rapid development and specific technical characteristics of the Internet make it difficult to supervise through national legislation alone.
Therefore, initiatives should be taken, not least at international level, to protect the rights of individuals in terms not only of their security but also of their freedoms and the protection of their private lives.
The European Parliament addresses the following recommendations to the Council:
facilitate a gradual alignment in the EU of national legislation concerning the requirements relating to the protection of fundamental rights on the Internet; take steps to intensify the dialogue between national and European legislators and between national and European courts; promote the dialogue between all those involved in and affected by the Internet, and particularly Internet operators and users; promote conclusion of the necessary international agreements, both at a bilateral (and notably Transatlantic) level and at a multilateral level (CoE, OECD and UN initiatives).
This recommendation should be forwarded to the Council and, for information, to the Commission.
Documents
- Commission response to text adopted in plenary: SP(2009)3245
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T6-0194/2009
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A6-0103/2009
- Committee report tabled for plenary: A6-0103/2009
- Amendments tabled in committee: PE419.843
- Committee draft report: PE416.306
- Committee opinion: PE415.317
- Non-legislative basic document: B6-0302/2008
- Non-legislative basic document published: B6-0302/2008
- Non-legislative basic document: B6-0302/2008
- Committee opinion: PE415.317
- Committee draft report: PE416.306
- Amendments tabled in committee: PE419.843
- Committee report tabled for plenary, single reading: A6-0103/2009
- Commission response to text adopted in plenary: SP(2009)3245
Activities
- Stavros LAMBRINIDIS
Plenary Speeches (3)
- Edward MCMILLAN-SCOTT
Plenary Speeches (3)
- Alexander Nuno PICKART ALVARO
Plenary Speeches (1)
- Alin Lucian ANTOCHI
Plenary Speeches (1)
- Roberta ANGELILLI
Plenary Speeches (1)
- Urszula GACEK
Plenary Speeches (1)
- Jean-Paul GAUZÈS
Plenary Speeches (1)
- Claire GIBAULT
Plenary Speeches (1)
- Hélène GOUDIN
Plenary Speeches (1)
- Filiz HYUSMENOVA
Plenary Speeches (1)
- Manolis MAVROMMATIS
Plenary Speeches (1)
- Manuel MEDINA ORTEGA
Plenary Speeches (1)
- Gérard ONESTA
Plenary Speeches (1)
- Marie PANAYOTOPOULOS-CASSIOTOU
Plenary Speeches (1)
- Nicolae Vlad POPA
Plenary Speeches (1)
- Katrin SAKS
Plenary Speeches (1)
- Daciana Octavia SÂRBU
Plenary Speeches (1)
- Inger SEGELSTRÖM
Plenary Speeches (1)
- Csaba SÓGOR
Plenary Speeches (1)
- Eva-Britt SVENSSON
Plenary Speeches (1)
- Ewa TOMASZEWSKA
Plenary Speeches (1)
Amendments | Dossier |
84 |
2008/2160(INI)
2008/12/16
CULT
3 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas the Internet constitutes an important unparalleled tool, which contributes, inter alia, to the development and promotion of freedom of expression, the formation of opinions, the dissemination
Amendment 2 #
Draft opinion Paragraph 3 3. Recognises that widespread use of the Internet may bring significant economic and social benefits and contribute significantly to the completion of the single market; considers, however, that measures must be taken to ensure that all the fundamental rights of persons, based on the European Union’s Charter of Fundamental Rights, are always safeguarded and
Amendment 3 #
Draft opinion Paragraph 4a (new) 4a. Supports, therefore, the development of a legal framework for cultural and creative content on the Internet and the fight against piracy;
source: PE-416.643
2009/01/29
LIBE
81 amendments...
Amendment 1 #
Proposal for a recommendation Recital A A. whereas the evolution of the Internet proves that it is becoming an indispensable tool for promoting democratic initiatives, a new arena for the political debate (e.g., e- campaigning
Amendment 10 #
Proposal for a recommendation Recital D D.
Amendment 11 #
Proposal for a recommendation Recital E E. whereas
Amendment 12 #
Proposal for a recommendation Recital F F. whereas, in a democratic society, it is the citizens who are entitled to observe and to judge daily the actions and beliefs of their governments and of private companies that provide them with services
Amendment 13 #
Proposal for a recommendation Recital F F. whereas
Amendment 14 #
Proposal for a recommendation Recital F a (new) Fa. whereas individuals have the right to express themselves freely on the Internet (e. g. user generated content, blogs, social networking) and must also have the right to have their digital content deleted and permanently removed from the Internet,
Amendment 15 #
Proposal for a recommendation Recital G G. whereas technological leaps increasingly allow for the secret
Amendment 16 #
Proposal for a recommendation Recital G a (new) Ga. whereas identity theft and fraud are an increasing problem that the authorities, individual citizens and companies are only beginning to recognize, leaving major security concerns in relation to the intensified use of the Internet for a wide range of purposes, including commerce and the exchange of confidential information,
Amendment 17 #
Proposal for a recommendation Recital H H. whereas it should be recalled that, when dealing with rights such as freedom of expression or respect for private life,
Amendment 18 #
Proposal for a recommendation Recital H H. whereas it should be recalled that, when dealing with rights such as freedom of expression or respect for private life, interferences with the exercise of such rights may only be imposed by public authorities if they are ‘in accordance with the law'
Amendment 19 #
Proposal for a recommendation Recital H a (new) Ha. whereas, on the Internet, there exists a major power and knowledge divide between corporate and government entities on the one hand, and individual users on the other; whereas, therefore, a debate must be launched on necessary limitations to “consent,” both in terms of what companies and governments may ask a user to disclose and to what extent individuals should be required to cede their privacy and other fundamental rights in order to receive certain Internet services or other privileges,
Amendment 2 #
Proposal for a recommendation Recital A A. whereas the evolution of the Internet proves that it is becoming an indispensable tool for promoting democratic initiatives, a new arena for the political debate (e.g., e- campaigning, e-voting), a key instrument at world level for exercising freedom of expression (e.g., blogging) and
Amendment 20 #
Proposal for a recommendation Recital I a (new) Ia. whereas the host of fundamental rights that are affected in the Internet world include, but are not limited to, respect for private life (including the right to permanently delete a personal digital footprint), data protection, freedom of expression, speech and association, freedom of the press, political expression and participation, non-discrimination, and education; whereas the content of such rights, including their field of application and their scope, the level of protection provided by such rights, and the prohibitions on abuse of such rights should be governed by the rules on the protection of human and fundamental rights guaranteed by the Constitutions of the Member States, international human rights treaties, including the Convention for the Protection of Human Rights and Fundamental Freedoms, general principles of Community law and the Charter of Fundamental Rights of the European Union, and/or by other relevant rules of national, international and Community law, in their respective fields of application,
Amendment 21 #
Proposal for a recommendation Recital I b (new) Ib. whereas all the actors involved and active on the Internet should assume their respective responsibilities and engage in fora where pressing and important issues relating to Internet activity are discussed in order to seek and promote common solutions,
Amendment 22 #
Proposal for a recommendation Recital J J. whereas e-illiteracy will be the new illiteracy of the 21st century; whereas ensuring that all citizens have access to the Internet is therefore equivalent to ensuring that all citizens have access to schooling, and whereas such access should not be punitively denied by governments or private companies
Amendment 23 #
Proposal for a recommendation Recital J J.
Amendment 24 #
Proposal for a recommendation Recital J J. whereas e-illiteracy will be the new illiteracy of the 21st century; whereas ensuring that all citizens have access to the Internet is therefore equivalent to ensuring that all citizens have access to schooling, and whereas such access should
Amendment 25 #
Proposal for a recommendation Recital J J. whereas e-illiteracy will be the new illiteracy of the 21st Century; whereas ensuring that all citizens have access to the Internet is therefore equivalent to ensuring
Amendment 26 #
Proposal for a recommendation Recital J a (new) Ja. whereas the international, multicultural and especially multi-lingual character of the Internet is not yet fully supported by the technical infrastructure and protocols of the worldwide web,
Amendment 27 #
Proposal for a recommendation Recital J b (new) Jb. whereas economic activity is important for the further dynamic development of the Internet, while the safeguarding of its economic efficiency should be ensured through fair competition and the protection of intellectual property rights,
Amendment 28 #
Proposal for a recommendation Recital K a (new) Ka. whereas throughout the world, companies in the information and communications technology (ICT) sector face increasing government pressure to comply with domestic laws and policies in ways that may conflict with the internationally recognized human rights of freedom of expression and privacy; whereas, in response, a multi-stakeholder group of companies, civil society organisations (including human rights and press freedom groups), investors and academics have created a collaborative approach with the aim of protecting and advancing freedom of expression and privacy in the ICT sector, and have formed the Global Network Initiative (GNI) to take this work forward.
Amendment 29 #
Proposal for a recommendation Recital K a (new) Ka. whereas strong data protection rules are a major concern for the EU and its citizens, and Recital 2 of Directive 95/46/EC on data protection clearly states that technology (i.e. data-processing systems) is “designed to serve man” and must respect “fundamental rights and freedoms, notably the right to privacy, and contribute to economic and social progress, trade expansion and the well- being of individuals”,
Amendment 3 #
Proposal for a recommendation Recital A A. whereas the evolution of the Internet proves that it is becoming an indispensable tool for promoting democratic initiatives, a new arena for the political debate (e.g., e- campaigning, e-voting), a key instrument at world level for exercising freedom of expression (e.g., blogging) and for developing business activities,; whereas the Internet has also brought with it an increasing number of opportunities for people of all ages to communicate with people from different parts of the world, for example, and has thereby expanded the scope for people to familiarise themselves with other cultures and thus enhance their understanding of other people and cultures; whereas the Internet has also extended the diversity of news sources for individuals as they are now able to tap into the flow of news from different parts of the world,
Amendment 30 #
Proposal for a recommendation Recital L a (new) La. whereas Internet search engines and service providers have made it considerably easier for people to obtain information about other individuals, for example; whereas, however, there are situations in which individuals wish to delete information held in such databases; whereas, therefore, companies must be able to ensure that individuals can have person-related data deleted from databases; whereas a system should also be set up so that companies providing these services can only sell the information on to other companies after obtaining consent;
Amendment 31 #
Proposal for a recommendation Paragraph 1 - point b a (new) ba) urge EU institutions and Member States to respond to a growing information-aware society and find ways of providing more information to citizens by linking and merging databases in order to allow citizens to take advantage of the information stored by government;
Amendment 32 #
Proposal for a recommendation Paragraph 1 - Paragraph 1 – point b b (new) bb) urge Member States to create a framework which ensures that a decision by individuals to delete their personal data should be respected by Internet service providers and that the deletion is permanent;
Amendment 33 #
Proposal for a recommendation Paragraph 1 - point c (c) ensure together with other relevant actors that security, freedom of expression and the protection of privacy, as well as openness on the Internet, are approached not as competing goals, but instead are delivered simultaneously within a comprehensive vision that responds adequately to all these imperatives;
Amendment 34 #
Proposal for a recommendation Paragraph 1 - point c a (new) ca) ensure that the legal rights of minors to protection from harm, as prescribed by the UN Convention on the Rights of the Child and as reflected in decisions of the EU, are fully reflected in and across all relevant actions, instruments or decisions relating to strengthening security and freedom on the Internet;
Amendment 35 #
Proposal for a recommendation Paragraph 1 - point d d) invite the Presidency of the Council and the Commission to reflect on a comprehensive strategy in order to combat cybercrime, including the ways in which to address the issue of "identity theft" at EU level; call for the creation of an EU desk for assistance to victims of identity theft and identity fraud;
Amendment 36 #
Proposal for a recommendation Paragraph 1 - point d d) invite the Presidency of the Council and the Commission to reflect on a comprehensive strategy in order to combat cybercrime, pursuant inter alia to the Council of Europe Convention on Cybercrime, including the ways in which to address the issue of “identity theft” at EU level;
Amendment 37 #
Proposal for a recommendation Paragraph 1 - point d a (new) da) use the Council of Europe Convention on Cybercrime as the basis for the development of a comprehensive approach to the fight against cybercrime;
Amendment 38 #
Proposal for a recommendation Paragraph 1 - point e e) encourage reflection on the necessary cooperation between private-public players in this field and on the enhancement of law enforcement cooperation, along with appropriate training for law enforcement and judicial authorities;
Amendment 39 #
Proposal for a recommendation Paragraph 1 - point e e) encourage reflection on the necessary cooperation between private-public players in this field and on the enhancement of law enforcement cooperation; recognise the need for shared responsibility and the benefits of soft law through co-regulation and self-regulation as efficient alternative or complementary instruments to traditional command-and-control legislation;
Amendment 4 #
Proposal for a recommendation Recital A a (new) Aa. whereas governments and public interest organisations and institutions should provide a suitable regulatory framework and appropriate technical means to allow citizens to actively and efficiently take part in administrative processes through e-government applications,
Amendment 40 #
Proposal for a recommendation Paragraph 1 - point e Amendment 41 #
Proposal for a recommendation Paragraph 1 - point f f)
Amendment 42 #
Proposal for a recommendation Paragraph 1 point (g) (g) encourage programmes to protect children and educate their parents as set out in EU law with respect to the new e- dangers and provide an impact assessment of the effectiveness of existing programmes to date. In doing so, particular account should be taken of the online games which primarily target children and young people; video, TV and computer games should be included in the 'Safer Internet' programme;
Amendment 43 #
Proposal for a recommendation Paragraph 1 - point g a (new) ga) encourage all EU computer manufacturers to pre-install child protection software and ensure that it is activated by default;
Amendment 44 #
Proposal for a recommendation Paragraph 1 - point h (h) proceed to the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights while simultaneously prohibiting, in pursuit of that purpose, the systematic monitoring and surveillance of all users’ activities on the Internet, and ensuring that the penalties are proportionate to the infringements committed; within this context, also respect the freedom of expression and association of individual users and combat the incentives for cyber- violations of intellectual property rights
Amendment 45 #
Proposal for a recommendation Paragraph 1 - point h h) proceed to the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights, following an assessment in the light of contemporary innovation research of the extent to which it is necessary and proportionate, and while simultaneously prohibiting, in pursuit of that purpose, the systematic monitoring and surveillance of all users’ activities on the Internet, and ensuring that the penalties are proportionate to the infringements committed; within this context, also respect the freedom of expression and association of individual users and combat the incentives for cyber-
Amendment 46 #
Proposal for a recommendation Paragraph 1 - point h h) proceed to the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights while simultaneously
Amendment 47 #
Proposal for a recommendation Paragraph 1 - point h h) proceed to assess, in the light of contemporary innovation research, the necessity of the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights while simultaneously prohibiting, in pursuit of that purpose, the systematic monitoring and surveillance of all users’ activities on the Internet, and ensuring that the penalties are proportionate to the infringements committed; within this context, also respect the freedom of expression and association of individual users and combat the incentives for cyber- violations of intellectual property rights, including certain excessive access restrictions placed by intellectual property holders themselves;
Amendment 48 #
Proposal for a recommendation Paragraph 1 - point i Amendment 49 #
Proposal for a recommendation Paragraph 1 - point i Amendment 5 #
Proposal for a recommendation Recital C a (new) Ca. whereas we live in an age where everyone, from governments to police, private companies and even criminals, seeks the greatest possible access to our private electronic data; whereas the Internet in particular provides previously unimaginable details about our private lives,
Amendment 50 #
Proposal for a recommendation Paragraph 1 point i Amendment 51 #
Proposal for a recommendation Paragraph 1 - point (i) (i) ensure that
Amendment 52 #
Proposal for a recommendation Paragraph 1 - point i a (new) ia) ensure that there are no laws or practices restricting or criminalising the right of journalists and the media to gather and distribute information for reporting purposes;
Amendment 53 #
Proposal for a recommendation Paragraph 1 - point i a (new) ia) ensure that there are no laws or practices restricting or criminalising the right of journalists and the media to gather and distribute information for reporting purposes;
Amendment 54 #
Proposal for a recommendation Paragraph 1 - point j j) consider that “digital identity” is increasingly becoming an integral part of our ‘self’ and in this respect deserves to be protected adequately and effectively from intrusions by both private and public actors – thus, the particular set of data that is organically linked to the “digital identity” of an individual should be defined and protected, and all its elements should be considered inalienable personal, non- economic and non-tradable rights; consider that Internet users should be educated to use multiple identities on the Internet (anonymous, pseudonymous or real identities) to safeguard their anonymity and dissociate information as appropriate; take due account of the importance of anonymity, pseudonymity and control of information flows for privacy and the fact that users should be provided with, and educated about, the means to efficiently protect it e.g. through various available Privacy-Enhancing Technologies (PETs);
Amendment 55 #
Proposal for a recommendation Paragraph 1 - point (ja) (new) (ja) ensure that Member States which intercept and monitor data traffic, regardless of whether that applies to their own citizens or data traffic from abroad, which occurs within their territory, amend their laws and respect the principle that it should only be possible to use data traffic interception where there is a court ruling concerning reasonable suspicion of criminal activity, manifest danger to the safety of persons or genuine threats to open democratic society;
Amendment 56 #
Proposal for a recommendation Paragraph 1 - point k k) recognise the danger of certain forms of Internet surveillance and control aimed also at tracking every ‘digital’ step of an individual, with the aim of providing a profile of the user and of assigning 'scores'; make clear the fact that such techniques should always be assessed in terms of their necessity and their proportionality in the light of the objectives they aim to achieve; emphasise also the need for an enhanced awareness and informed consent of users with respect to their e-activities involving the sharing of personal data (e.g., the case of social networks);
Amendment 57 #
Proposal for a recommendation Paragraph 1 - point k a (new) ka) urge the Member States to establish a list of all public authorities and private companies which use net surveillance and to issue a publicly accessible annual report on net surveillance, thus ensuring transparency; such an annual report should be used in assessing whether net surveillance is effective in terms of the purpose for which it was established;
Amendment 58 #
Proposal for a recommendation Paragraph 1 - point k a (new) ka) call on the Member States to ensure that remote searches, if provided for by national law, are conducted on the basis of a valid search warrant issued by the competent judicial authorities; note that simplified procedures for conducting remote searches in comparison with direct searches are unacceptable, as they infringe the rule of law and the right to privacy;
Amendment 59 #
Proposal for a recommendation Paragraph 1 - point l l) examine and prescribe limits to the ‘consent’ that can be requested of and extracted from users, whether by governments or by private companies, to relinquish part of their privacy, as there is a clear imbalance of negotiating power and of knowledge between individual users and such institutions; the consent of the individual must be informed and freely given;
Amendment 6 #
Proposal for a recommendation Recital C b (new) Cb. whereas on the Internet, freedom of expression and privacy can at the same time be both better enhanced and more exposed to intrusions and limitations by both private and public actors,
Amendment 60 #
Proposal for a recommendation Point m m) strictly limit
Amendment 61 #
Proposal for a recommendation Paragraph 1 - point (m) (m) strictly limit and define the cases in which a private Internet company may be required to disclose data to government authorities and investigate how control and evaluation can operate and be developed;
Amendment 62 #
Proposal for a recommendation Paragraph 1 - point m a (new) ma) work towards the establishment of a right for Internet users to ask for the permanent deletion of their personal data located on Internet websites or on any third party data storage medium. It is of the utmost importance to acknowledge that personal data, regardless of where they are stored, are the fundamental property of the data subject and that the point of reference should be the point of use and not the point of storage;
Amendment 63 #
Proposal for a recommendation Paragraph 1 - point (n) (n) condemn government-i
Amendment 64 #
Proposal for a recommendation Paragraph 1 - point o o) call on the Member States to ensure that freedom of expression is not subject to arbitrary restrictions from the public and/or private sphere and to avoid all legislative or administrative measures that could have
Amendment 65 #
Proposal for a recommendation Paragraph 1 - point o o) call on the Member States to ensure that freedom of expression is not subject to arbitrary restrictions from the public and/or private sphere and to avoid all legislative
Amendment 66 #
Proposal for a recommendation Paragraph 1 - point o o) call on the Member States to ensure that freedom of expression is not subject to arbitrary restrictions from the public and/or private sphere and to avoid all legislative or administrative measures that could have a ´chilling effect´ on
Amendment 67 #
Proposal for a recommendation Paragraph 1 - point o o) call on the Member States to ensure that freedom of expression is not subject to arbitrary restrictions from the public and/or private sphere and to avoid all legislative or administrative measures that could have a 'chilling effect' on the speech of individuals on and on all aspects of freedom of speech;
Amendment 68 #
Proposal for a recommendation Paragraph 1 - point o a (new) oa) ensure that EU businesses which provide an Internet content hosting service do not disclose to any foreign official any information that personally identifies a particular user of such a content hosting service, except for legitimate foreign law enforcement purposes in compliance with the Universal Declaration of Human Rights;
Amendment 69 #
Proposal for a recommendation Paragraph 1 - point p p) draw attention to the fact that the development of the 'Internet of things' and the use of RFID systems should not sidestep the protection of data and of citizens' rights;
Amendment 7 #
Proposal for a recommendation Recital D D. whereas, through the freedom that it provides, the Internet has also been used as a platform for violent
Amendment 70 #
Proposal for a recommendation Paragraph 1 - point p a (new) pa) call on the Member States to correctly apply Directive 95/46/EC on personal data in relation to the Internet; remind the Member States that this Directive, especially Article 8, applies regardless of the technology used for the processing of personal data and that its provisions call for Member States to provide the right to a judicial remedy and compensation for their infringement (Articles 22, 23, and 24);
Amendment 71 #
Proposal for a recommendation Paragraph 1 - point q q) encourage the incorporation of fundamental principles of the “Internet Bill of Rights” into the research and development process of Internet-related instruments and applications and the promotion of the “privacy by design” principle according to which privacy and data protection requirements should be introduced as soon as possible in the life cycle of new technological developments, assuring citizens a user-friendly environment;
Amendment 72 #
Proposal for a recommendation Paragraph 1 - point q a (new) qa) support and request the active involvement of the European Data Protection Supervisor and of the Article 29 Working Party in the development of European legislation dealing with Internet activities with a potential impact on data protection;
Amendment 73 #
Proposal for a recommendation Paragraph 1 - point q a (new) qa) call on Member States and the Commission to thoroughly study the problems of identity theft and fraud in cooperation with both Internet providers and user organisations, as well as the police authorities dealing with IT-related crime, and put forward a proposal on how to create awareness campaigns and prevent such crime, while at the same time ensuring that the use of the Internet is safe and free for all;
Amendment 74 #
Proposal for a recommendation Paragraph 1 - point q a (new) qa) point out that the global and open nature of the Internet requires global standards for data protection, security and freedom of speech; call on Member States and the Commission to take the initiative for a global platform for the drawing-up of such standards;
Amendment 75 #
Proposal for a recommendation Paragraph 1 - point q b (new) qb) call on the Commission to carry out an in-depth study of the privacy aspects of online advertising;
Amendment 76 #
Proposal for a recommendation Paragraph 1 - point q c (new) qc) is concerned at the growing disparity in data protection standards, as personal data from a single source can be subject to stricter or less strict rules, depending on the purpose and actor (commercial/private or law enforcement/public);
Amendment 77 #
Proposal for a recommendation Paragraph 1 - point q d (new) qd) suggest that data protection should become the responsibility of a future Commission DG for Fundamental Rights, or alternatively, of DG Internal Market and Consumer Affairs;
Amendment 78 #
Proposal for a recommendation Paragraph 1 - point r a (new) ra) use Annex I ("Bill of Rights on the Internet") as a basis for its consideration as well as in connection with its international obligations;
Amendment 79 #
Proposal for a recommendation Paragraph 1 - point s a (new) sa) welcome the resolution on the urgent need for protecting privacy in a borderless world, and for reaching a Joint Proposal for setting International Standards on Privacy and Personal Data Protection of the 30th International Conference of Data Protection and Privacy Commissioners held in Strasbourg, in October 2008; urge all EU stakeholders (public as well as private) to engage in this reflection;
Amendment 8 #
Proposal for a recommendation Recital D D. whereas, through the freedom that it provides, the Internet has also been used as a platform for violent and undemocratic messages such as the ones inciting to terrorist attacks as well as hate websites which can specifically incite criminal acts, and whereas cybercrime threats more broadly have increased worldwide and are endangering individuals (including children) and networks,
Amendment 80 #
Proposal for a recommendation Paragraph 1 - point s b (new) sb) stress the importance of developing a real Web E-agora where Union citizens can have a more interactive discussion with policy makers and other institutional stakeholders;
Amendment 81 #
Proposal for a recommendation Annex (new) Amendment 9 #
Proposal for a recommendation Recital D D. whereas,
source: PE-419.843
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