E-Privacy/LIBE CAS : Différence entre versions
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submission to the compromise-dogma lead to several alarmingly dangerous proposals. The reason for this devastating objective lays down in the Parliaments internal [http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+RULES-EP+20170116+RULE-069-3+DOC+XML+V0//EN rules of procedure]. As the right-wing groups did not want to accept the text - even though it was voted in LIBE on 19 October - they opposed the mandate of Lauristin in order to submit the text to new amendments, this time in plenary. This situation is what Lauristin wanted to avoid at all costs of the compromises with the right-wing. Therefore, it was necessary that the regressive groups lead by Boni [https://www.laquadrature.net/en/epp_out_eprivacy left the negotiations table] that the so called 'pro-privacy' coalition (S&D, ALDE, Greens and GUE) was given a second chance to get back on track. | submission to the compromise-dogma lead to several alarmingly dangerous proposals. The reason for this devastating objective lays down in the Parliaments internal [http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+RULES-EP+20170116+RULE-069-3+DOC+XML+V0//EN rules of procedure]. As the right-wing groups did not want to accept the text - even though it was voted in LIBE on 19 October - they opposed the mandate of Lauristin in order to submit the text to new amendments, this time in plenary. This situation is what Lauristin wanted to avoid at all costs of the compromises with the right-wing. Therefore, it was necessary that the regressive groups lead by Boni [https://www.laquadrature.net/en/epp_out_eprivacy left the negotiations table] that the so called 'pro-privacy' coalition (S&D, ALDE, Greens and GUE) was given a second chance to get back on track. | ||
− | It should be noted that these compromise amendments have not been published officially | + | It should be noted that these compromise amendments have not been published officially. |
We assorted them according to their importance for the course of the final negotiation in LIBE. | We assorted them according to their importance for the course of the final negotiation in LIBE. | ||
The main issues at stake were our '''consent to the analysis of our communication''' as well as to the '''geolocalisation of our devices'''. | The main issues at stake were our '''consent to the analysis of our communication''' as well as to the '''geolocalisation of our devices'''. | ||
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*'''(-)''' Even though restricted to the purpose of 'audience measurement in public interest' and to 'statistical counting', this would still allow the further processing of information from our communications without our consent. | *'''(-)''' Even though restricted to the purpose of 'audience measurement in public interest' and to 'statistical counting', this would still allow the further processing of information from our communications without our consent. | ||
− | *'''(-)''' This would allow to first collect unanonymized data and then anonymize them for the purpose of statistical counting. This aims | + | *'''(-)''' This would allow to first collect unanonymized data and then anonymize them for the purpose of statistical counting. This aims at, for example, getting insight about the number of visitors in a store at a specific time or over the last six month, or about how often one particular person visited the store. This implies to store personal data for quite a long time. |
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− | *'''==> The further processing of metadata for statistical purpose including safeguards | + | *'''==> The further processing of metadata for statistical purpose including safeguards was removed from article 6 after Boni [https://www.laquadrature.net/en/epp_out_eprivacy left] the negotiations table. However, further processing without consent would still be allowed (Art 8 - 1 - d, see below) only restricted to imprecisely defined purpose of 'audience measurement' in 'public interest'.''' |
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Version actuelle datée du 8 décembre 2017 à 12:45
This page intends to rate the main points of the compromise amendments discussed in LIBE Committee just before the vote of it's final report on the ePrivacy Regulation on 19 October.
The debate in LIBE was dominated by rapporteur Lauristins (S&D) strong willingness to reach a compromise with the conservative groups represented by shadow rapporteur Michal Boni (PEE). Being in line with the position of La Quadrature du Net at the outset, the shadow rapporteurs Jan Albrecht (Greens) et Sophia in't Veld (ALDE) did follow Lauristin on this approach. Their submission to the compromise-dogma lead to several alarmingly dangerous proposals. The reason for this devastating objective lays down in the Parliaments internal rules of procedure. As the right-wing groups did not want to accept the text - even though it was voted in LIBE on 19 October - they opposed the mandate of Lauristin in order to submit the text to new amendments, this time in plenary. This situation is what Lauristin wanted to avoid at all costs of the compromises with the right-wing. Therefore, it was necessary that the regressive groups lead by Boni left the negotiations table that the so called 'pro-privacy' coalition (S&D, ALDE, Greens and GUE) was given a second chance to get back on track.
It should be noted that these compromise amendments have not been published officially. We assorted them according to their importance for the course of the final negotiation in LIBE. The main issues at stake were our consent to the analysis of our communication as well as to the geolocalisation of our devices.
Sommaire
Compromise amendments 04.10.[modifier]
Article 6 - paragraph 2 - point c:
Providers of electronic communications services and networks may process electronic communications metadata only if: [...] the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes [...]. (based on AM 67 (Rapporteur) |
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Article 6 - paragraph 3 - point a:
Providers of the electronic communications services may process electronic communications content only: for the sole purpose of the provision of a specific service requested by the user (based on AM 69 (Rapporteur), AM 485 (Gue), AM 486 (Greens) and AM 489 (EPP) |
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Article 8 - paragraph 1 - point d & paragraph 2a - point a-d:
The use of [...] processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the For the purpose of points (d) of paragraph 1 [...], the following controls shall be implemented to mitigate the risks (a) the purpose of the data collection from the terminal equipment shall be restricted to mere statistical counting; and (b) the processing shall be limited in time and space to the extent strictly necessary for this purpose; and (c) the data shall be deleted or anonymised immediately after the purpose is fulfilled; and (d) the users shall be given effective opt-out possibilities that do not affect the functionality of the terminal equipment. (based on AM 80, 89 (Rapporteur), first part of AM 548 (EPP), AM 591 (ALDE) |
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Compromise amendments 09.10.[modifier]
Article 6 - paragraph 2 - point c:
[unchanged] |
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Article 6 - paragraph 3 - point d (new):
Providers of electronic communications services and networks may process electronic communications metadata only if: [...] it is necessary for statistical purposes in the public interest, the data are pseudonymised and the provider has obtained prior authorization by a supervisory authority. Users are clearly and visibly informed about the processing and shall be given the opportunity to opt-out. The data shall be anonymised or erased no later than seven days after it has been obtained by the provider. The result of processing for statistical purposes shall be aggregate data, and that this result is not used in support of measures or decisions regarding any particular natural person. [...] (based on AM 64, 68 (Rapporteur), AM 449 (Alde), AM 450 (ECR), AM 451 (Greens), AM 452 (Gue) |
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Article 6 - paragraph 5 - point a :
[unchanged, see compromise amendments from 04.10., Article 6 - paragraph 3 - point a] |
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Article 8 - paragraph 1 - point d & paragraph 4a - point a-d:
The use of [...] processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the For the purpose of points (d) of paragraph 1 [...], the following controls shall be implemented to mitigate the risks (a) the purpose of the data collection from the terminal equipment shall be restricted to mere statistical counting; and (b) the processing shall be limited in time and space to the extent strictly necessary for this purpose; and (c) the data shall be deleted or anonymised immediately after the purpose is fulfilled; and (d) the users shall be given effective opt-out possibilities that do not affect the functionality of the terminal equipment. (based on AM 80, 89 (Rapporteur), first part of AM 548 (EPP), AM 591 (ALDE) |
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Compromise amendments 12.10.[modifier]
Article 6 - paragraph 2 - point c:
[unchanged] |
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Article 6 - paragraph 2 - point d (added):
Providers of electronic communications services and networks may process electronic communications metadata only if: [...] the processing of electronic communications metadata generates anonymous statistical analysis and is subject to the following specific safeguards
(based on AM 68 (Rapporteur) |
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Article 6 - paragraph 3 - point a:
[unchanged, see compromise amendments from 04.10., Article 6 - paragraph 3 - point a.] (based on AM 69 (Rapporteur), AM 485 (Gue), AM 486 (Greens) and AM 489 (EPP) |
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Article 8 - paragraph 1 - point d; paragraph 2a - point a:
The use of [...] processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the (based on AM 80, 89 (Rapporteur), first part of AM 548 (EPP), AM 591 (ALDE) |
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Compromise amendments 17.10.[modifier]
Article 6 - paragraph 2 - point c:
[unchanged] |
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Article 6 - paragraph 3 - point a:
[unchanged, see compromise amendments from 04.10., article 6 - paragraph 3 - point a.] (based on AM 69 (Rapporteur), AM 485 (Gue), AM 486 (Greens) and AM 489 (EPP) |
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Article 6 - paragraph 2 - point d (added):
[removed]' |
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Article 8 - paragraph 1 - point d; paragraph 2a - point a:
[unchanged, see compromise amendments from 12.10.] (based on AM 80, 89 (Rapporteur), first part of AM 548 (EPP), AM 591 (ALDE) |
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