E-Privacy/LIBE CAS
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, especially with regard to (1) analysis of our communications data without our consent, to (2) geolocalisation of our devices and to (3) online tracking for commercial purposes in form of cookies. The reason for this devastating objective lays down in the Parliaments internal [rules of procedure http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+RULES-EP+20170116+RULE-069-3+DOC+XML+V0//EN]. 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, which is why we assorted them according to their importance. Here are the main points of negotiation :
Analysis of communications data without consent
Compromise amendments 04.10.
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:
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 [...] the purpose of the data collection from the terminal equipment shall be restricted to mere statistical counting (based on AM 80, 89 (Rapporteur), first part of AM 548 (EPP), AM 591 (ALDE) |
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Compromise amendments 09.10.
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:
The use of [...] processing and storage capabilities of terminal equipment and the collection of information from the purpose of the data collection from the terminal equipment shall be restricted to mere statistical counting; (based on AM 80, 89 (Rapporteur), first part of AM 548 (EPP), AM 591 (ALDE) |
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Compromise amendments 12.10.
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: #*(i) the purpose of further processing must be compatible with the purpose for which the data were initially collected, #*(ii) further processing for any commercial or for-profit purpose is excluded and can only take place for public policy purposes #*(iii) the electronic communications metadata is anonymised, where possible, or otherwise pseudonymised, (iv) a data protection impact assessment according to Article 35 of Regulation (EU) 2016/679 has been conducted, (v) a prior authorization by the independent supervisory authority referred to in Article 18 has been obtained, (vi) the user is clearly and visibly informed about the processing and is given a possibility to object, (vii) the result of processing is and cannot be used in support of measures or decisions regarding any particular natural person, (viii) the result of processing is shared with the independent supervisory authority and not reusable, (ix) the underlying electronic communications metadata is not disclosed to or shared with any other party, and (x) the electronic communications metadata is erased or anonymised immediately after the processing operation for anonymous statistical purposes has been completed. (based on AM 68 (Rapporteur) |
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Compromise amendments 17.10.
Geolocalisation
Compromise amendments 04.10.
Compromise amendments 09.10.
Compromise amendments 12.10.
Compromise amendments 17.10.
Online tracking
Compromise amendments 04.10.
Compromise amendments 09.10.
Compromise amendments 12.10.
Compromise amendments 17.10.