2022-03-23-trilogue-e-privacy-4-colonnes
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments AM 69 CHAPTER III CHAPTER III CHAPTER III CHAPTER III CHAPTER III NATURAL AND LEGAL NATURAL AND LEGAL NATURAL AND LEGAL NATURAL AND LEGAL PERSONS' RIGHTS TO PERSONS' RIGHTS TO PERSONS PERSONS' RIGHTS TO Council and EP agreed on the G 137 CONTROL ELECTRONIC CONTROL ELECTRONIC END-USERS' RIGHTS TO CONTROL ELECTRONIC scope (this title should cover G COMMUNICATIONS COMMUNICATIONS CONTROL ELECTRONIC COMMUNICATIONS both natural and legal persons) COMMUNICATIONS need to find the proper terminology. Article 12 Article 12 Article 12 Article 12 Article 12 Presentation and restriction Presentation and restriction Presentation and restriction Presentation and restriction G 138 G of calling and connected of calling and connected of calling and connected of calling and connected line identification line identification line identification line identification Article 12(1), introductory part 139 G G 1. Where presentation of 1. Where presentation of 1. Where presentation of 1. Where presentation of the calling and connected the calling and connected the calling and connected the calling and connected line identification is offered line identification is offered line identification is offered line identification is offered in accordance with Article in accordance with Article in accordance with Article in accordance with Article [107] of the [Directive [107] of the [Directive [107115] of the [Directive [107]115 of the [Directive establishing the European establishing the European establishing the European establishing the European Electronic Communication Electronic Communication Electronic Communication Electronic Communication Code], the providers of Code], the providers of Code](EU) 2018/1972, the Code](EU) 2018/1972, the publicly available number- publicly available number- providers of publicly providers of publicly based interpersonal based interpersonal available number-based available number-based communications services communications services interpersonal interpersonal shall provide the following: shall provide the following: communications services communications services shall provide the following: shall provide the following: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 31/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 12(1), point (a) (a) the calling end-user (a) the calling end-user with (a) the calling end-user with (a) the calling end-user with with the possibility of the possibility of preventing the possibility of preventing the possibility of preventing preventing the presentation the presentation of the the presentation of the the presentation of the G 140 of the calling line calling line identification on calling line identification on calling line identification on G identification on a per call, a per call, per connection or a per call, per connection or a per call, per connection or per connection or permanent permanent basis; permanent basis; permanent basis; basis; Article 12(1), point (b) (b) the called end-user with (b) the called end-user with (b) the called end-user with (b) the called end-user with the possibility of preventing the possibility of preventing the possibility of preventing the possibility of preventing G 141 the presentation of the the presentation of the the presentation of the the presentation of the G calling line identification of calling line identification of calling line identification of calling line identification of incoming calls; incoming calls; incoming calls; incoming calls; Article 12(1), point (c) (c) the called end-user with (c) the called end-user with (c) the called end-user with (c) the called end-user with the possibility of rejecting the possibility of rejecting the possibility of rejecting the possibility of rejecting incoming calls where the incoming calls where the incoming calls where the incoming calls where the G 142 presentation of the calling presentation of the calling presentation of the calling presentation of the calling G line identification has been line identification has been line identification has been line identification has been prevented by the calling prevented by the calling prevented by the calling prevented by the calling end-user; end-user; end-user; end-user; Article 12(1), point (d) 143 G G (d) the called end-user with (d) the called end-user with (d) the called end-user with (d) the called end-user with the possibility of preventing the possibility of preventing the possibility of preventing the possibility of preventing Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 32/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments the presentation of the the presentation of the the presentation of the the presentation of the connected line identification connected line identification connected line identification connected line identification to the calling end-user. to the calling end-user. to which the calling end- to which the calling end- user is connected. user is connected. Article 12(2) 2. The possibilities referred 2. The possibilities referred 2. The possibilities referred 2. The possibilities referred to in points (a), (b), (c) and to in points (a), (b), (c) and to in points (a), (b), (c) and to in points (a), (b), (c) and [User/end-user]: needs to be (d) of paragraph 1 shall be (d) of paragraph 1 shall be (d) of paragraph 1 shall be (d) of paragraph 1 shall be double-checked against final G 144 definition of “user/ “end- G provided to end-users by provided to end-users by provided to end-users by provided to [end-users] by simple means and free of simple means and free of simple means and free of simple means and free of user” . charge. charge. charge. charge. Article 12(3) 3. Point (a) of paragraph 1 3. Point (a) of paragraph 1 3. Point (a) of paragraph 1 3. Point (a) of paragraph 1 shall also apply with regard shall also apply with regard shall also apply with regard shall also apply with regard to calls to third countries to calls to third countries to calls to third countries to calls to third countries originating in the Union. originating in the Union. originating in the Union. originating in the Union. G 145 Points (b), (c) and (d) of Points (b), (c) and (d) of Points (b), (c) and (d) of Points (b), (c) and (d) of G paragraph 1 shall also apply paragraph 1 shall also apply paragraph 1 shall also apply paragraph 1 shall also apply to incoming calls to incoming calls to incoming calls originating to incoming calls originating originating in third originating in third in third countries. in third countries. countries. countries. Article 12(4) G G 146 4. Where presentation of 4. Where presentation of 4. Where presentation of 4. Where presentation of calling or connected line calling or connected line calling or connected line calling or connected line identification is offered, identification is offered, identification is offered, identification is offered, providers of publicly providers of publicly providers of publicly providers of publicly available number-based available number-based available number-based available number-based interpersonal interpersonal interpersonal interpersonal Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 33/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments communications services communications services communications services communications services shall provide information to shall provide information to shall provide information to shall provide information to the public regarding the the public regarding the the public regarding the the public regarding the options set out in points (a), options set out in points (a), options set out in points (a), options set out in points (a), (b), (c) and (d) of paragraph (b), (c) and (d) of paragraph (b), (c) and (d) of paragraph (b), (c) and (d) of paragraph 1. 1. 1paragraph 1 and the 1paragraph 1 and the exceptions set forth in exceptions set forth in Article 13. Article 13. Article 13 Article 13 Article 13 Article 13 Article 13 Exceptions to presentation Exceptions to presentation Exceptions to presentation Exceptions to presentation and restriction of calling and and restriction of calling and and restriction of calling and and restriction of calling and G 147 G connected line identification connected line identification connected line identification connected line identification in relation to emergency communications Article 13(1) G G 148 1. Regardless of whether 1. Regardless of whether 1. Regardless of whether 1. Regardless of whether the calling end-user has the calling end-user has the calling end-user has the calling end-user[end- prevented the presentation prevented the presentation prevented the presentation user/user] has prevented the of the calling line of the calling line of the calling line presentation of the calling identification, where a call identification, where a call identification, where a call line identification, where a is made to emergency is made to emergency isemergency call is made to emergency services, providers of services, providers of communications are made servicesan emergency publicly available number- publicly available number- to emergency services, communications is set up, based interpersonal based interpersonal providers of publicly providers of publicly communications services communications services available number-based available number-based shall override the shall override the interpersonal interpersonal elimination of the elimination of the communications services communications services presentation of the calling presentation of the calling shall override the shall override the line identification and the line identification and the elimination of the elimination of the denial or absence of consent denial or absence of consent presentation of the calling presentation of the calling Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 34/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments of an end-user for the of an end-usera user for the line identification and the line identification and the processing of metadata, on a processing of metadata, on a denial or absence of consent denial or absence of consent per-line basis for per-line basis for of an end-user for the of an end- organisations dealing with organisations dealing with processing of metadata, on a user[end-user/user] for the emergency communications, emergency communications, per-line basis for processing of metadata, on a including public safety including public safety organisations dealing with per-line basis for answering points, for the answering points, for the emergency communications, organisations dealing with purpose of responding to purpose of responding to including public safety emergency communications, such communications. such communications. answering points, for the including for the purpose purpose of responding to of enabling the public AM 123 such communications. safety answering points, for the purpose of responding to suchpoint to answer and handle emergency communications. Article 13(1a) G G 148a 1a. Regardless whether Text deleted the called end-user rejects incoming calls where the presentation of the calling line identification has been prevented by the calling end-user, providers of number-based interpersonal communications services shall override this choice, where technically possible, when the calling end-user is an organisation dealing with emergency communications, including public safety answering points, for the purpose of Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 35/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments responding to such communications. Article 13(2) 2. Member States shall 2. Member StatesThe 2. [Member States shall Deleted establish more specific Commission shall establish establish more specific Text ok, except for the provisions with regard to the more specific provisionsbe provisions / The reference to delegated act establishment of procedures empowered to adopt Commission shall part, which is to be kept for and the circumstances implementing measures in be empowered to adopt political discussion where providers of publicly accordance with Article implementing measures in available number-based 26(1) with regard to the accordance with Article 26] interpersonal establishment of procedures with regard to the communication services and the circumstances where establishment of procedures shall override the providers of publicly and the circumstances where elimination of the available number-based providers of publicly Y 149 presentation of the calling interpersonal available number-based Y line identification on a communication services interpersonal temporary basis, where end- shall override the communication services users request the tracing of elimination of the shall override the malicious or nuisance calls. presentation of the calling elimination of the line identification on a presentation of the calling temporary basis, where end- line identification on a usersusers request the temporary basis, where end- tracing of malicious or users[end-users/users] nuisance calls. request the tracing of unwanted, malicious or AM 124 nuisance calls. Article 13(3) 149a Y Y 3. Notwithstanding Article 8(1), regardless of COM proposal 29/06/2021 whether the end-user has prevented access to the Council to discuss internally: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 36/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments terminal equipment’s -technical possibilities to Global Navigation Satellite access location data even Systems (GNSS) when it is blocked; capabilities or other types -whether ‘other types of of terminal equipment location data’ can be narrowed based location data to ‘wifi-based location data’. through the terminal EP: access to location data is equipment settings, when political, need to discuss a call is made to internally if acceptable. emergency services, such Possibly need to park for settings may not prevent political level. access to such location data to determine and - proposal to add "only" when provide the calling end- a call is made to emergency user's location to an services organisation dealing with emergency • Line 149(a): Very communications, including political for the EP so no public safety answering discussion on the content points, for the purpose of (geolocalisation issue). responding to such calls. o COM: May be addressed completely in Article 8 instead of Article 13. CSL could agree to not to address the issue in Article 13, as long as the matter will be discussed in Article 8. EP to internally consult. Article 14 150 G G Article 14 Article 14 Article 14 Article 14 Incoming call blocking Incoming call blocking Incoming call Incoming call blockingBlocking blockingBlocking of unwanted, malicious or unwanted calls nuisance calls Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 37/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 14, first paragraph, introductory part Providers of publicly Providers of publicly 1 Providers of publicly 1. Providers of publicly available number-based available number-based available number-based available number-based interpersonal interpersonal interpersonal interpersonal communications services communications services communications services communications services shall deploy state of the art shall deploy state of the art shall deploy state of the art shall deploy state of the art measures to limit the measures to limit the measures to limit the measures to limit, upon the reception of unwanted calls reception of unwanted calls reception of unwanted calls called end-user’s request, by end-users and shall also by end-users and shall also by end-users and shall also the reception of, malicious G 151 G provide the called end-user provide the called end-user provide the called end-user or nuisance or other with the following with the following with the following unwanted calls by possibilities, free of charge: possibilities, free of charge: possibilities, free of charge:, providing malicious or nuisance calls the reception of unwanted AM 125 by end-users. calls by end-users and shall also provide the called end- user with the following possibilities, free of charge: Article 14(1a) G G 151a 1a Member States shall TEXT DELETED HERE - see establish more specific LINE 149 provisions with regard to the establishment of transparent procedures and the circumstances where providers of number-based interpersonal communication services shall override, or otherwise address, the elimination of the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 38/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments presentation of the calling line identification on a temporary basis, where end-users request the tracing of unwanted, malicious or nuisance calls. Article 14(2) 2. Providers of number- TEXT DELETED HERE - See based interpersonal Line 151 communications services G 151b shall also provide the G called end-user with the following possibilities, free of charge: Article 14, first paragraph, point (a) (a) to block incoming calls (a) to block incoming calls (a) to block, where (a) to block, where from specific numbers or from specific numbers, or technically feasible, technically feasible, from anonymous sources; numbers having a specific incoming calls from specific incoming calls from specific code or prefix identifying numbers or from numbers or from G 152 the fact that the call is a anonymous sources or from anonymous sources or from G marketing call referred to numbers using a specific numbers having a specific in Article 16(3)(b), or from code or prefix referred to code or prefix referred anonymous sources; in Article 16(3a); and to in Article 16[(3)(b)/(3a)]; AM 126 Article 14, first paragraph, point (b) 153 G G (b) to stop automatic call (b) to stop automatic call (b) to stop automatic call (b) to stop automatic call Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 39/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments forwarding by a third party forwarding by a third party forwarding by a third party forwarding by a third party to the end-user's terminal to the end-useruser's to the end-user's terminal to the end-user's[user's/end- equipment. terminal equipment. equipment. user's] terminal equipment. AM 127 Article 15 Article 15 Article 15 Article 15 Article 15 G 154 Publicly available Publicly available Publicly available Publicly available G directories directories directories directories Article 15(1) G G 155 1. The providers of publicly 1. The providers of publicly 1. The providers of publicly 1. Without prejudice to 1. EP Proposal 15 available directories shall available available Articles 12 to 22 of December provisionally obtain the consent of end- directoriesWithout directoriesnumber-based Regulation (EU) 2016/679, agreed, but CLS comment users who are natural prejudice to Articles 12 to interpersonal the providers of publicly that persons to include their 22 of Regulation (EU) communications services available directories *[end-users/users] relates personal data in the 2016/679, the electronic shall obtain the consent of number-based only to natural persons directory and, consequently, communication services end-users who are natural interpersonal shall obtain consent from providers shall obtain the persons to include their communications services these end-users for inclusion consent of end-users who personal data in the shall obtain the consent of of data per category of are natural personsusers to directory and, consequently, end-users who are natural personal data, to the extent include their personal data shall obtain consent from persons[end-users/users] to that such data are relevant in the publicly available these end-users for inclusion include their personal data for the purpose of the directory and, consequently, of such data per category of in the directory and, directory as determined by shall obtain consent from personal data, to the extent consequently, shall obtain the provider of the these end-usersusers for that such data are relevant consent from these end- directory. Providers shall inclusion of data per for the purpose of the users publicly available give end-users who are category of personal data, to directory as determined by directories and, for natural persons the means to the extent that such data are the provider of the directory. inclusion of data per verify, correct and delete relevant for the purpose of Providers shall give end- category of personal data, to such data. the directory. Electronic users who are natural the extent that such data are communication service persons the means to verify, relevant for the purpose of Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 40/68
