E-Privacy/LIBE CAS : Différence entre versions
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− | |'''Article 8 - paragraph 1 - point d | + | |'''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 | + | ''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 <s>end-</s>user concerned shall be prohibited, except on the following grounds: [...] if it is technically necessary for measuring the reach of an information society service requested by the user <s>for web audience measuring</s>, provided that such measurement is carried out by the provider or on behalf of the provider, or by an independent web analytics agency acting in the public interest including for scientific purpose; that the data is aggregated and the user is given a possibility to opt-out; and further provided that no personal data is made accessible to any third party and that such measurement does not adversely affect the fundamental rights of the user; <s>of the information society service requested by the end-user</s>.'' |
− | ''the purpose of the data collection from the terminal equipment shall be restricted to mere statistical counting;'' | + | ''For the purpose of points (d) of paragraph 1 [...], the following controls shall be implemented to mitigate the risks'' |
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+ | ''(a) the purpose of the data collection from the terminal equipment shall be restricted to mere statistical counting; and'' | ||
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+ | ''(b) the processing shall be limited in time and space to the extent strictly necessary for this purpose; and'' | ||
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+ | ''(c) the data shall be deleted or anonymised immediately after the purpose is fulfilled; and'' | ||
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+ | ''(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) | (based on AM 80, 89 (Rapporteur), first part of AM 548 (EPP), AM 591 (ALDE) | ||
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*'''(-)''' Even though the possibility to opt-out was added, this would still allow the further processing of information from our communications without our consent for the purpose of 'audience measurement and statistical counting'. | *'''(-)''' Even though the possibility to opt-out was added, this would still allow the further processing of information from our communications without our consent for the purpose of 'audience measurement and statistical counting'. | ||
+ | *'''(-)''' This would allow to first collect unanonymized data and then anonymize them for the purpose of statistical counting. This aims to, for example, get 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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Version du 7 décembre 2017 à 19:17
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. 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 :
Sommaire
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 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.
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 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 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.
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.
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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Geolocalisation of devices without consent
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.