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  '''''Article 29 Working Party and the European Data Protection Supervisor.'''''
 
  '''''Article 29 Working Party and the European Data Protection Supervisor.'''''
  
* ''Voting recommendation'': '''no recommendation'''
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* ''Voting recommendation'': '''against'''
  
 
===Amendment 33===
 
===Amendment 33===

Version du 29 août 2008 à 11:30

In the following amendments, amended text with regard to Commission's initial proposal is highlighted in bold italics. In the case of amending acts, passages in an existing provision that the Commission has left unchanged, but that Parliament wishes to amend, are highlighted in bold. Any deletions that Parliament wishes to make in passages of this kind are stroke out.

COD/2007/0247

Electronic communications: common regulatory framework for networks and services, access, interconnection and authorisation ("Telecoms Package" [amend. Directives 2002/19/EC to 2002/21/EC])

ITRE Committee, rapporteur Catherine TRAUTMAN

The analyzed amendments have now been published on European Parliament website.

The following voting recommendations are just a draft after a quick first analyze. This page will be updated while our analyze is deepened.

Amendment 61

  • Article 1 – point 8 – point e amending Directive 2002/21/EC Article 8 – paragraph 4 – point g
(g) applying the principle that end-users should be able to access
and distribute any lawful content and use any lawful applications
and/or services of their choice and for this purpose contributing to
the promotion of lawful content in accordance with Article 33 of
Directive 2002/22/EC (Universal Service Directive).
  • Voting recommendation: against.

Amendment 100

  • Article 2 – point 8 amending Directive 2002/19/EC Article 12
1. A national regulatory authority may, in accordance with the
provisions of Article 8, impose obligations on operators to meet
reasonable requests for access to, and use of, specific network
elements and associated facilities, inter alia in situations where
the national regulatory authority considers that denial of access or
unreasonable terms and conditions having a similar effect would
hinder the emergence of a sustainable competitive market at the
retail level, or would not be in the end-user's interest.

Operators shall be required inter alia:

(a) to give third parties access to specified network elements and/or
facilities, including unbundled access to the local loop;

(b) to negotiate in good faith with undertakings requesting access;

(c) not to withdraw access to facilities already granted;

(d) to provide specified services on a wholesale basis for resale by
third parties;

(e) to grant open access to technical interfaces, protocols or other
key technologies that are indispensable for the interoperability of
services or virtual network services;

(f) to provide co-location or other forms of facility sharing,
including the sharing of ducts, buildings or entry to buildings,
antennae towers and other supporting constructions, masts, manholes,
cabinets and other network elements which are not active;

(fa) to provide third parties with a reference offer for the granting
of access to ducts;

(g) to provide specified services needed to ensure interoperability
of end-to-end services to users, including facilities for intelligent
network services or roaming on mobile networks;

(h) to provide access to operational support systems or similar
software systems necessary to ensure fair competition in the
provision of services;

(i) to interconnect networks or network facilities;

(j) to provide access to associated services such as identity,
location and presence capability.

National regulatory authorities may attach to those obligations
conditions covering fairness, reasonableness and timeliness.

2. When national regulatory authorities are considering whether to
impose the obligations referred in paragraph 1, and in particular
when assessing whether such obligations would be proportionate to the
objectives set out in Article 8 of Directive 2002/21/EC (Framework
Directive), they shall take account in particular of the following
factors:

(a) the technical and economic viability of using or installing
competing facilities, in the light of the rate of market development,
taking into account the nature and type of interconnection and access
involved, including the viability of other upstream access products
such as access to ducts;

(b) the feasibility of providing the access proposed, in relation to
the capacity available;

(c) the initial investment by the facility owner, bearing in mind any
public investment made and the risks involved in making the
investment, including an appropriate risk-sharing among those
undertakings enjoying access to these new facilities;

(d) the need to safeguard competition in the long term, in particular
infrastructure-based competition

(e) where appropriate, any relevant intellectual property rights;

(f) the provision of pan-European services.

3. When imposing obligations on an operator to provide access in
accordance with the provisions of this Article, national regulatory
authorities may lay down technical or operational conditions to be
met by the provider and/or beneficiaries of such access where
necessary to ensure normal operation of the network.  Obligations to
follow specific technical standards or specifications shall be in
compliance with the standards and specifications laid down in
accordance with Article 17 of Directive 2002/21/EC (Framework
Directive).
  • Voting recommendation: needs further analysis, a split vote to reject paragraph 2, point e is recommended.

Amendment 120

  • Annex I – point 2 – point g amending Directive 2002/20/EC Annex I – part A – point 19
19. Compliance with national measures implementing Directive
2001/29/EC of the European Parliament and of the Council and
Directive 2004/48/EC of the European Parliament and of the Council.
  • Justification
It would be more efficient and welcome if discussion on the
protection of copyright and related issues on electronic
communications networks would be dealt with within the Content Online
consultation. This initiative intends to create the right environment
for a dialogue where all stakeholders from across the electronic
value chain can work together to find solutions that are based on
self-regulation and will be supported by all stakeholders.
  • Voting recommendation: for.


Amendment 19 of CULT opinion

  • Article 1 - point 8 e amending Directive 2002/21/EC paragraph 4 point g
(g) applying the principle that end-users should be able to access and  distribute any lawful applications 
    and/or services of their choice.

Reference to distribution deleted

  • Voting recommendation: against

Amendment 20 of CULT opinion

  • Article 8 paragraph 4 point g a (new) amending Directive 2002/21/EC
(ga) ensuring the cooperation of undertakings providing electronic communications networks and services
     with the sectors concerned for the purposes of the protection and the promotion of lawful content 
     over electronic communications networks and services.

  • Voting recomendation: against

COD/2007/0248

Electronic communications: universal service, users' rights relating to networks and services, processing of personal data, protection of privacy, consumer protection cooperation ("Telecoms Package" [amend. Directives 2002/22/EC, 2002/58/EC and Regulation (EC) No 2006/2004])

IMCO Committee, rapporteur Malcolm HARBOUR

The analyzed amendments have now been published on European Parliament website.

The following voting recommendations are just a draft after a quick first analyze. This page will be updated while our analyze is deepened.

Amendment 4

  • Recital 5
(5) Definitions need to be adjusted so as to conform to the principle
of technology neutrality and to keep pace with technological
development. In particular, conditions for the provision of a service
should be separated from the actual definitional elements of a
publicly available telephone service, i.e. an electronic
communications service available to the public for originating and
receiving, directly or indirectly via carrier selection or
pre-selection or resale, national and/or international calls and
means of communication specifically intended for disabled users using
text relay or total conversation services through a number or numbers
in a national or international telephone numbering plan, whether such
a service is based on circuit switching or packet switching
technology. It is the nature of such a service that it is
bidirectional, enabling both parties to communicate. A service which
does not fulfil all these conditions, such as for example a
"click-through" application on a customer service website, is not a
publicly available telephone service.
  • Voting recommendation: needs further analysis.

Amendment 6

  • Recital 12
(12) Providers of electronic communications services should ensure
that their customers are adequately informed as to whether or not
access to emergency services and caller location information is
provided and are given clear and transparent information in the
initial customer contract and at regular intervals thereafter, for
example in customer billing information. This information should
include any limitations as to territorial coverage, on the basis of
the planned technical operating parameters of the service and the
available infrastructure. Where the service is not provided over a
switched telephony network, the information should also include the
level of reliability of the access and of caller location information
compared to a service that is provided over a switched telephony
network, taking into account current technology and quality
standards, as well as any quality of service parameters specified
under Directive 2002/22/EC. Voice calls remain the most robust and
reliable form of access to emergency services. Other means of
contact, such as text messaging, may be less reliable and may suffer
from lack of immediacy. Member States should however, if they deem it
appropriate, be free to promote the development and implementation of
other means of access to emergency services which are capable of
ensuring access equivalent to voice calls. Customers should also be
kept well informed of possible types of action that the provider of
electronic communications service may take to address security
threats or in response to a security or integrity incident, since
such actions could have a direct or indirect impact on the customer’s
data, privacy or other aspects of the service provided.
  • Voting recommendation: needs further analysis.

Amendment 9

  • Recital 12 c (new)
(12c) In order to address public interest issues with respect to the
use of communications services, and to encourage protection of the
rights and freedoms of others, the relevant national authorities
should be able to produce and have disseminated, with the aid of
providers, information related to the use of communications services.
This information should include warnings regarding copyright
infringement, other unlawful uses and dissemination of harmful
content, and advice and means of protection against risks to personal
security, which may for example arise from disclosure of personal
information in certain circumstances, privacy and personal data.  The
information could be coordinated by way of the cooperation procedure
established in Article 33(2a) of Directive 2002/22/EC. Such public
interest information should be produced either as a preventative
measure or in response to particular problems, should be updated
whenever necessary and should be presented in easily comprehensible
printed and electronic formats, as determined by each Member State,
and on national public authority websites. National regulatory
authorities should be able to oblige providers to disseminate this
information to their customers in a manner deemed appropriate by the
national regulatory authorities. Significant additional costs
incurred by service providers for dissemination of such information,
for example if the provider is obliged to send the information by
post and thereby incurs additional postage costs, should be agreed
between the providers and the relevant authorities and met by those
authorities. The information should also be included in contracts.
  • Voting recommendation: against.

Amendment 11

  • Recital 14
(14) End-users should decide what lawful content they want to be able
to send and receive, and which services, applications, hardware and
software they want to use for such purposes, without prejudice to the
need to preserve the integrity and security of networks and services.
A competitive market with transparent offerings as provided for in
Directive 2002/22/EC should ensure that end-users are able to access
and distribute any lawful content and to use any lawful applications
and/or services of their choice, as stated in Article 8 of Directive
2002/21/EC. Given the increasing importance of electronic
communications for consumers and businesses, users should in any case
be fully informed of any restrictions and/or limitations imposed on
the use of electronic communications services by the service and/or
network provider. Such information should, at the option of the
provider, specify either the type of content, application or service
concerned, or individual applications or services, or both.  Depending
on the technology used and the type of restriction and/or limitation,
such restrictions and/or limitations may require user consent under
Directive 2002/58/EC (Privacy Directive).
  • Voting recommendation: against.

Amendment 12

  • Recital 14 a (new)
(14a) A competitive market should also ensure that users are able to
have the quality of service they require, but in particular cases it
may be necessary to ensure that public communications networks attain
minimum quality levels so as to prevent degradation of service, usage
restrictions and/or limitations and the slowing of traffic.  Where
there is a lack of effective competition, national regulatory
authorities should use the remedies available to them under the
Directives establishing the regulatory framework for electronic
communications networks and services to ensure that users’ access to
particular types of content or applications is not unreasonably
restricted. It should also be possible for national regulatory
authorities to issue guidelines setting minimum quality of service
requirements under Directive 2002/22/EC and to take other measures
where such other remedies have, in their judgement, not been
effective with regard to the interests of users and all other
relevant circumstances. Such guidelines or measures could include the
provision of a basic tier of unrestricted services.
  • Voting recommendation: needs further analysis.

Amendment 13

  • Recital 14 b (new)
(14b) Management of networks in order to, for example, address
congestion and capacity constraints and to enable new services should
not per se be considered an example of a restriction requiring
intervention, and due account should be taken of the right of network
and service operators to diversify their offerings in a competitive
market, including through the imposition of reasonable usage
restrictions, price differentiation and other legitimate competitive
practices. Temporary non-compliance with any minimum quality of
service requirements due to unforeseeable circumstances beyond the
reasonable control of the service and/or network provider (force
majeure) should not be subject to sanctions.
  • Voting recommendation: against.

Amendment 14

  • Recital 14 c (new)
(14c) Since inconsistent remedies will significantly impair the
achievement of the internal market, the Commission should assess any
guidelines or other measures adopted by national regulatory
authorities for possible regulatory intervention across the Community
and, if necessary, adopt technical implementing measures in order to
achieve consistent application throughout the Community.
  • Voting recommendation: against.

Amendment 22

  • Recital 22
(22) A single market implies that end-users are able to access all
numbers included in the national numbering plans of other Member
States, and to access services, including Information Society
services, using non-geographic numbers within the Community,
including among others freephone and premium rate numbers. End-users
should also be able to access numbers from the European Telephone
Numbering Space (ETNS) and universal international freephone numbers
(UIFN). Cross-border access to numbering resources and to the
associated service should not be prevented except in objectively
justified cases, such as when this is necessary to combat fraud, and
abuse e.g. in connection with certain premium-rate services, or when
the number is defined as having a national scope only (e.g. national
short code). Users should be fully informed in advance in a clear
manner of any charges applicable to freephone numbers, such as
international call charges for numbers accessible through standard
international dialling codes. In order to ensure that end-users have
effective access to numbers and services in the Community, the
Commission should be able to adopt implementing measures.  End-users
should also be able to connect to other end-users (especially via
Internet Protocol (IP) numbers) in order to exchange data, regardless
of the operator they choose.
  • Voting recommendation: no recommendation

Amendment 25

  • Recital 25 a (new)
(25a) The procedure for out-of-court dispute resolution should be
strengthened by ensuring that independent dispute resolution bodies
are used, and that the procedure conforms at least to the minimum
principles established by Commission Recommendation 98/257/EC of 30
March 1998 on the principles applicable to the bodies responsible for
out-of-court settlement of consumer disputes [OJ L 115, 17.4.1998, p.
31.]. Member States may either use existing dispute resolution bodies
for that purpose, provided those bodies meet the applicable
requirements, or establish new bodies.
  • Voting recommendation: needs further analysis.

Amendment 26

  • (Amendment 1 of the LIBE opinion) Recital 26 a (new)
(26a) Directive 2002/58/EC provides for the harmonisation of the
provisions of the Member States required to ensure an equivalent
level of protection of fundamental rights and freedoms, and in
particular the right to privacy and the right to confidentiality and
security of information technology systems, with respect to the
processing of personal data in the electronic communications sector,
and to ensure the free movement of such data and of electronic
communications equipment and services in the Community.
  • Voting recommendation: needs further analysis.

Amendment 27

  • (Amendment 2 of the LIBE opinion) Recital 26 b (new)
(26b) When defining the implementing measures on the security of
processing, in accordance with the regulatory procedure with
scrutiny, the Commission should consult all relevant European
authorities and organisations (ENISA, the European Data Protection
Supervisor and the Article 29 Working Party) as well as all other
relevant stakeholders, particularly in order to be informed of the
best available technical and economic methods for improving the
implementation of Directive 2002/58/EC.
  • Voting recommendation: against.

Amendment 28

  • (Amendment 3 of the LIBE opinion) Recital 26 c (new)
(26c) The provisions of Directive 2002/58/EC particularise and
complement Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free movement of
such data [OJ L 281, 23.11.1995, p. 31. Directive as amended by
Regulation (EC) No 1882/2003.] and provide for the legitimate
interests of subscribers who are natural or legal persons.
  • Voting recommendation: against.

Amendment 30

  • (Amendment 5 of the LIBE opinion) Recital 28 a (new)
(28a) For the purpose of Directive 2002/58/EC, Internet Protocol
addresses should be considered as personal data only if they can be
directly linked to an individual alone or in conjunction with other
data. By ... [Two years from the date of entry into force of this
Directive.], the Commission should propose specific legislation on
the legal handling of Internet Protocol addresses as personal data
within the framework of data protection following consultation of the
Article 29 Working Party and the European Data Protection Supervisor.
  • Voting recommendation: against

Amendment 33

  • (Amendment 8 of the LIBE opinion) Recital 29
(29) A breach of security resulting in the loss or compromising
personal data of an individual subscriber may, if not addressed in an
adequate and timely manner, result in substantial economic loss and
social harm, including identity fraud. Therefore, the national
regulatory authority or other competent national authority should be
notified without delay. The notification should include information
about measures taken by the provider to address the breach, as well
as recommendations for the users affected. The competent authority
should consider and determine the seriousness of the breach. If the
breach is deemed to be serious the competent authority should require
the provider of publicly available electronic communications service
and the provider of information society services to give an
appropriate notification without undue delay to the persons affected
by the breach.
  • Voting recommendation: against.

Amendment 34

  • (Amendment 9 of the LIBE opinion) Recital 30 a (new)
(30a) Article 15(1) of Directive 2002/58/EC should be construed as
meaning that disclosure of personal data in the context of Article 8
of Directive 2004/48/EC of the European Parliament and of the Council
of 29 April 2004 on the enforcement of intellectual property rights
[OJ L 157, 30.4.2004, p. 45.] is without prejudice to Directive
2002/58/EC or Directive 95/46/EC where it takes place following a
justified, i.e. sufficiently well-founded, and proportionate request
in accordance with procedures laid down by the Member States to
guarantee that these safeguards are respected.
  • Voting recommendation: against.

Amendment 42

  • Recital 39 a (new)
(39a) The purpose of Directive 2002/22/EC (the Universal Service
Directive) is to ensure a high level of protection of the rights of
consumers and individual users in the provision of telecommunications
services. Such protection is not required in the case of global
telecommunications services. These are corporate data and voice
services provided as a package to large undertakings, located in
different countries within and outside the EU, on the basis of
individual contracts negotiated by parties of equal strength.
  • Voting recommendation: needs further analysis.

Amendment 47

  • Article 1 – point 2 – point b b (new) amending Directive 2002/22/EC Article 2 – point (e)
(bb) point (e) shall be deleted.
  • Voting recommendation: needs further analysis.

Amendment 54

  • Article 1 – point 5 amending Directive 2002/22/EC Article 7 – paragraph 2 a (new)
2a. In taking the measures referred to above, Member States shall
encourage compliance with the relevant standards or specifications
published in accordance with Articles 17, 18 and 19 of Directive
2002/21/EC (Framework Directive).
  • Voting recommendation: needs further analysis.

Amendment 62

  • Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point (b)
(b) services provided, including in particular:
- where access to emergency services and caller location information
  is to be provided under Article 26, the level of reliability of
  such access, where relevant, and whether access is provided in the
  whole of the national territory,
- information on any restrictions imposed by the provider regarding a
  subscriber's ability to access, use or distribute lawful content or
  run lawful applications and services,
- the service quality levels, with reference to any parameters
  specified under Article 22(2) as appropriate,
- types of maintenance and customer support services offered, as well
  as how to contact customer support,
- the time for the initial connection, and
- any restrictions on the use of terminal equipment imposed by the
  provider;
  • Voting recommendation: against.

Amendment 67

  • Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 2
The contract shall also include any information provided by the
relevant public authorities on the use of electronic communications
networks and services to engage in unlawful activities or to
disseminate harmful content, and on the means of protection against
risks to personal security, privacy and personal data referred to in
Article 21(4a) and relevant to the service provided.
  • Voting recommendation: against.

Amendment 70

  • Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5
6. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of a contract and regularly
thereafter of any limitations imposed by the provider on their
ability to access or distribute lawful content or run any lawful
applications and services of their choice.
  • Voting recommendation: for

Amendment 71

  • Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6
6. Member States shall ensure that where contracts are concluded
between subscribers and undertakings providing electronic
communications services and/or networks, subscribers are clearly
informed in advance of the conclusion of the contract and regularly
thereafter of their obligations to respect copyright and related
rights. Without prejudice to Directive 2000/31/EC on electronic
commerce, this includes the obligation to inform subscribers of the
most common acts of infringements and their legal consequences.
  • Voting recommendation: for

Amendment 73

  • Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 2
2. Member States shall ensure that undertakings providing connection
to a public electronic communications network and/or electronic
communications services publish transparent, comparable, adequate and
up-to-date information on applicable prices and tariffs, any charges
due on termination of a contract and information on standard terms
and conditions, in respect of access and use of their services
provided to end-users and consumers in accordance with Annex II. Such
information shall be published in a clear, comprehensive and easily
accessible form. National regulatory authorities may specify
additional requirements regarding the form in which such information
is published.
  • Voting recommendation: needs further analysis.

Amendment 75

  • Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4
4. Member States shall ensure that national regulatory authorities
are able to oblige undertakings providing connection to a public
electronic communications network and/or electronic communications
services to inter alia:

(a) provide applicable tariff information to subscribers regarding
any number or service subject to particular pricing conditions; with
respect to individual categories of services national regulatory
authorities may require such information to be provided prior to
connecting the call;

(b) regularly remind subscribers of any lack of reliable access to
emergency services or caller location information in the service they
have subscribed to;

(c) inform subscribers of any change to any restrictions imposed by
the undertaking on their ability to access, use or distribute lawful
content or run lawful applications and services of their choice;

(d) inform subscribers of their right to include their personal data
in a directory, and of the types of data concerned; and

(e) regularly inform disabled subscribers of details of current
products and services aimed at them.

If deemed appropriate, national regulatory authorities may promote
self-or co-regulatory measures prior to imposing any obligation.
  • Voting recommendation: against.

Amendment 76

  • Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4 a (new)
4a. Member States shall ensure that national regulatory authorities
oblige the undertakings referred to in paragraph 4 to distribute
public interest information to existing and new subscribers where
appropriate. Such information shall be produced by the relevant
public authorities in a standardised format and shall inter alia
cover the following topics:

(a) the most common uses of electronic communications services to
engage in unlawful activities or to disseminate harmful content,
particularly where it may prejudice respect for the rights and
freedoms of others, including  infringements of copyright and related
right, and their consequences; and

(b) means of protection against risks to personal security, privacy
and personal data in using electronic communications services.
Significant additional costs incurred by an undertaking in complying
with these obligations shall be reimbursed by the relevant public
authorities.
  • Voting recommendation: against.

Amendment 81

  • Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3
3. A national regulatory authority may issue guidelines setting
minimum quality of service requirements, and, if appropriate, take
other measures, in order to prevent degradation of service and
slowing of traffic over networks, and to ensure that the ability of
users to access or distribute lawful content or to run lawful
applications and services of their choice is not unreasonably
restricted. Those guidelines or measures shall take due account of
any standards issued under Article 17 of Directive 2002/21/EC
(Framework Directive).

The Commission may, having examined such guidelines or measures and
consulted [xxx], adopt technical implementing measures in that regard
if it considers that the guidelines or measures may create a barrier
to the internal market. Those measures, designed to amend
non-essential elements of this Directive by supplementing it, shall
be adopted in accordance with the regulatory procedure with scrutiny
referred to in Article 37(2).
  • Voting recommendation: against.

Amendment 101

  • Article 1 – point 16 amending Directive 2002/22/EC Article 28 – paragraph 2 a (new)
2a. Member States shall ensure that national regulatory authorities
are able to require undertakings providing public communications
networks to provide information regarding the management of their
networks in connection with any limitations or restrictions on
end-user access to or use of services, content or applications.
Member States shall ensure that national regulatory authorities have
all the powers necessary to investigate cases in which undertakings
have imposed limitations on end-user access to services, content or
applications.
  • Voting recommendation: against.

Amendment 112

  • Article 1 – point 20 – point a a (new) amending Directive 2002/22/EC Article 33 – paragraph 2 a (new)
(aa) the following paragraph shall be added:

2a. Without prejudice to national rules in conformity with Community
law promoting cultural and media policy objectives, such as cultural
and linguistic diversity and media pluralism, national regulatory
authorities and other relevant authorities shall as far as
appropriate promote cooperation between undertakings providing
electronic communications networks and/or services and the sectors
interested in the promotion of lawful content in electronic
communication networks and services. That co-operation may also
include coordination of the public interest information to be made
available under Article 21(4a) and Article 20(2).
  • Voting recommendation: against.

Amendment 117

  • Article 1 – point 21 amending Directive 2002/22/EC Article 34 – paragraph 1 – subparagraph 2 a (new)
Member States shall encourage trustworthy out-of-court procedures,
with specific regard to the interaction of audiovisual and electronic
communications.
  • Voting recommendation: against.

Amendment 122

  • (Amendment 19 of the LIBE opinion) Article 2 – point 3 – point a a (new) amending Directive 2002/58/EC Article 4 – paragraphs 1 a and 1 b (new)
(aa) the following paragraphs shall be inserted:

1a. Without prejudice to the provisions of Directive 95/46/EC and
Directive 2006/24/EC of the European Parliament and of the Council of
15 March 2006 on the retention of data generated or processed in
connection with the provision of publicly available electronic
communications services or of public communications networks [OJ L
105, 13.4.2006, p. 54.], these measures shall include:

- appropriate technical and organisational measures to ensure that
  personal data can be accessed only by authorised personnel for
  legally authorised purposes and to protect personal data stored or
  transmitted against accidental or unlawful destruction, accidental
  loss or alteration and unauthorised or unlawful storage,
  processing, access or disclosure;

- appropriate technical and organisational measures to protect the
  network and services against accidental, unlawful or unauthorised
  usage or interference with or hindering of their functioning or
  availability;

- a security policy with respect to the processing of personal data;

- a process for identifying and assessing reasonably foreseeable
  vulnerabilities in the systems maintained by the provider of
  electronic communications services, which shall include regular
  monitoring for security breaches; and

- a process for taking preventive, corrective and mitigating action
  against any vulnerabilities discovered in the process described
  under the fourth indent  and a process for taking preventive,
  corrective and mitigating action against security incidents that
  can lead to a security breach.

1b. National regulatory authorities shall be able to audit the
measures taken by providers of publicly available electronic
communication services and information society services and to issue
recommendations about best practices and performance indicators
concerning the level of security which these measures should achieve.
  • Voting recommendation: against.

Amendment 130

  • (Amendment 28 of the LIBE opinion) Article 2 – point 4 b (new) amending Directive 2002/58/EC Article 6 – paragraph 6a (new)
(4b) in Article 6, the following paragraph shall be added:

6a. Traffic data may be processed by any natural or legal person for
the purpose of implementing technical measures to ensure the security
of a public electronic communication service, a public or private
electronic communications network, an information society service or
related terminal and electronic communication equipment.  Such
processing must be restricted to that which is strictly necessary for
the purposes of such security activity.
  • Voting recommendation: needs further analysis.

Amendment 134

  • (Amendment 32 of the LIBE opinion) Article 2 – point 5 a (new) amending Directive 2002/58/EC Article 14 – paragraph 1
(5a) Article 14(1) shall be replaced by the following:

1. In implementing the provisions of this Directive, Member States
shall ensure, subject to paragraphs 2 and 3, that no mandatory
requirements for specific technical features, including, without
limitation, for the purpose of detecting, intercepting or preventing
infringements of intellectual property rights by users, are imposed
on terminal or other electronic communication equipment which could
impede the placing of equipment on the market and the free
circulation of such equipment in and between Member States.
  • Voting recommendation: against.

Amendment 148

  • Annex I – Part B – point b b (new) amending Directive 2002/22/EC Annex I – Part B – point b b (new)
(bb) Protection software

Member States shall ensure that national regulatory authorities are
able to require operators to make available free of charge to their
subscribers reliable and easy-to-use protection and/or filtering
software to control access by children or vulnerable people to
unlawful or dangerous content.
  • Voting recommendation: against.