Telecoms Package Plenary Amendments : Différence entre versions
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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'': ''' | + | * ''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.
Sommaire
- 1 COD/2007/0247
- 2 COD/2007/0248
- 2.1 Amendment 4
- 2.2 Amendment 6
- 2.3 Amendment 9
- 2.4 Amendment 11
- 2.5 Amendment 12
- 2.6 Amendment 13
- 2.7 Amendment 14
- 2.8 Amendment 22
- 2.9 Amendment 25
- 2.10 Amendment 26
- 2.11 Amendment 27
- 2.12 Amendment 28
- 2.13 Amendment 30
- 2.14 Amendment 33
- 2.15 Amendment 34
- 2.16 Amendment 42
- 2.17 Amendment 47
- 2.18 Amendment 54
- 2.19 Amendment 62
- 2.20 Amendment 67
- 2.21 Amendment 70
- 2.22 Amendment 71
- 2.23 Amendment 73
- 2.24 Amendment 75
- 2.25 Amendment 76
- 2.26 Amendment 81
- 2.27 Amendment 101
- 2.28 Amendment 112
- 2.29 Amendment 117
- 2.30 Amendment 122
- 2.31 Amendment 130
- 2.32 Amendment 134
- 2.33 Amendment 148
COD/2007/0247
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 Directive2001/29/EC of the European Parliament and of the Council andDirective 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
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 concludedbetween subscribers and undertakings providing electroniccommunications services and/or networks, subscribers are clearlyinformed in advance of the conclusion of a contract and regularlythereafter of any limitations imposed by the provider on theirability to access or distribute lawful content or run any lawfulapplications 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 concludedbetween subscribers and undertakings providing electroniccommunications services and/or networks, subscribers are clearlyinformed in advance of the conclusion of the contract and regularlythereafter of their obligations to respect copyright and relatedrights. Without prejudice to Directive 2000/31/EC on electroniccommerce, this includes the obligation to inform subscribers of themost 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.