2022-03-23-trilogue-e-privacy-4-colonnes
Dieses Dokument ist Teil der Anfrage „Respect for private life and the protection of personal data in electronic communications (E-privacy)*“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments identifiable end-user receiving the information; it also includes services which are not publicly available, but provide access to a publicly available electronic communications network; AM 55 Article 4(3), point (-ab) (-ab) 'interpersonal (-c) deleted communications service' means a service, whether provided for remuneration or not, that enables direct interpersonal and interactive exchange of 87c information between a finite number of persons whereby the persons initiating or participating in the communication determine the recipient(s); AM 56 Article 4(3), point (-ac) 87d G G (-ac) 'number-based (-d) deleted interpersonal communications service' means an interpersonal communications service 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 21/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments which connects to the public switched telephone network, either by means of assigned numbering resources, i.e. number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans; AM 57 Article 4(3), point (-ad) G G 87e (-ad) 'number-independent (-e) deleted interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering 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 22/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments plans; AM 58 Article 4(3), point (-ae) (-ae) 'end-user' means a (-ae) deleted (-ae) CLS to check legal entity or a natural person using or requesting Could be deleted if agreement a publicly available that "user" is added in Line 84 electronic communications and derives from ECC. Only Y 87f service; deleted under the condition Y that the former definition of AM 59 "user" from the Directive will now be called "end-user" (see Line 87g) Article 4(3), point (-af) (-af) 'user' means any (-af) 'end-user' means any (-g) CLS to check natural person using a natural person using a publicly available publicly available Concept of subscription is to electronic communications electronic communications be further clarified in a recital service, for private or service, for private or that, i.e., no payment or a Y 87g formal contract is needed Y business purposes, without business purposes, without necessarily having necessarily having subscribed to this service; subscribed to this service; AM 60 Article 4(3), point (a) G G 88 (a) ‘electronic (a) ‘electronic (a) ‘electronic (a) ‘electronic communications data’ communications data’ communications data’ communications data’ 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 23/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments means electronic means electronic means electronic means electronic communications content and communications content and communications content and communications content and electronic communications electronic communications electronic communications electronic communications metadata; metadata; metadata; metadata; Text Origin: Commission Proposal Article 4(3), point (b) (b) ‘electronic (b) ‘electronic (b) ‘electronic (b) ‘electronic (b) EP & CSL agreed to include communications content’ communications content’ communications content’ communications content’ both services and networks means the content means the content means the content means the content exchanged by means of transmitted, distributed or exchanged by means of exchanged by means of Add as new recital for the electronic communications exchanged by means of electronic communications electronic communications second part of EP Mandate services, such as text, voice, electronic communications services, such as text, voice, services or in electronic text: videos, images, and sound; services, such as text, voice, videos, images, and sound; communication networks, "Where metadata of other videos, images, and sound. such as text, voice, videos, electronic communications Where metadata of other images, and sound; services or protocols are G 89 electronic communications G transmitted, distributed or services or protocols are exchanged by using the transmitted, distributed or respective service, they shall exchanged by using the be considered electronic respective service, they communications content for shall be considered the respective service;" electronic communications content for the respective service; AM 61 Article 4(3), point (c) G G 90 (c) ‘electronic (c) ‘electronic (c) ‘electronic (c) ‘electronic (c) EP & CSL agreed to include communications metadata’ communications metadata’ communications metadata’ communications metadata’ both services and networks means data processed in an means data processed in an means data processed in means data processed in 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 24/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments electronic communications electronic communications anby means of electronic anby means of electronic network for the purposes of network for the purposes of communications communications transmitting, distributing or transmitting, distributing or networkservices for the networkservices or in exchanging electronic exchanging electronic purposes of transmitting, electronic communications communications content; communications content ; distributing or exchanging networks for the purposes of including data used to trace including data used to trace electronic communications transmitting, distributing or and identify the source and and identify the source and content; including data used exchanging electronic destination of a destination of a to trace and identify the communications content; communication, data on the communication, data on the source and destination of a including data used to trace location of the device location of the device communication, data on the and identify the source and generated in the context of generatedterminal location of the device destination of a providing electronic equipment processed in the generated in the context of communication, data on the communications services, context of providing providing electronic location of the device and the date, time, duration electronic communications communications services, generated in the context of and the type of services, and the date, time, and the date, time, duration providing electronic communication; duration and the type of and the type of communications services, communication; communication; and the date, time, duration and the type of AM 62 communication; Text Origin: Council Mandate Article 4(3), point (d) 91 (d) ‘publicly available (d) ‘publicly available (d) ‘publicly available (d) ‘publicly available (d) EP & CSL agreed directory’ means a directory directory’ means a directory directory’ means a directory directory’ means a directory of end-users of electronic of end-users of electronic of end-users of of [users/end-users] of communications services, communications services, electronicnumber-based number-based whether in printed or whether in printed or interpersonal interpersonal of electronic electronic form, which is electronic form, which is communications services, communications services, published or made available published or made available whether in printed or whether in printed or to the public or to a section to the public or to a section electronic form, which is electronic form, which is of the public, including by of the public, including by published or made available published or made available means of a directory enquiry means of a directory enquiry to the public or to a section to the public or to a section service; service; of the public, including by of the public, including by 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 25/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments means of a directory enquiry means of a directory enquiry service and the main service and the main function of which is to function of which is to enable identification of enable identification of such end-users; such [end-users]; Text Origin: Council Mandate Article 4(3), point (e) (e) ‘electronic mail’ means (e) ‘electronic mail’ means (e) ‘electronic (e) ‘electronic (e) CSL to check any electronic message any electronic message mailmessage’ means any mailmessage’ means any containing information such containing information such electronic message electronic message as text, voice, video, sound as text, voice, video, sound containing information such containing information such or image sent over an or image sent over an as text, voice, video, sound as text, voice, video, sound electronic communications electronic communications or image sent over an or image sent over an network which can be stored network which can be stored electronic communications electronic communications in the network or in related in the network or in related network which can be stored network which can be stored computing facilities, or in computing facilities, or in in the network or in related in the network or in related Y 92 the terminal equipment of the terminal equipment of computing facilities, or in computing facilities, or in Y its recipient; its recipient; the terminal equipment of the terminal equipment of its recipient, including e- its recipient, including e- mail, SMS, MMS and mail, faxes, SMS, MMS functionally equivalent and functionally equivalent applications and applications and techniques; techniques; Text Origin: Council Mandate Article 4(3), point (f) Y Y 93 (f) ‘direct marketing (f) ‘direct marketing (f) ‘direct marketing (f) ‘direct marketing (f) CSL to check communications’ means any communications’ means any communications’ means any communications’ means any form of advertising, whether form of advertising, whether form of advertising, whether form of advertising, whether 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 26/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments written or oral, sent to one in written, oral or video written or oral, sent via a in written, oral or video or more identified or format, sent, served or publicly available format or oral, directly sent identifiable end-users of presented to one or more electronic communications to one or more specific electronic communications identified or identifiable service directly to one or [end-users/users] of services, including the use end-users of electronic more identified or electronic communications of automated calling and communications services, identifiable end-users of services, communication systems including the use of electronic communications including the placing of with or without human automated calling and services, including specific voice-to-voice calls, the use interaction, electronic mail, communicationcommunicat end-users, including the of automated calling and SMS, etc.; ions systems with or placing of voice-to-voice communications systems, without human interaction, calls, the use of automated and the sending of electronic mail, SMS, fax calling and communication electronic mail, machines etc.; systems with or without SMS,messages etc.; human interaction, AM 63 electronic mail, SMS,message etc.; Article 4(3), point (g) (g) ‘direct marketing voice- (g) ‘ 'direct marketing (g) ‘direct marketing voice- (g) ‘direct marketing voice- (g) EP & CSL agreed to-voice calls’ means live voice-to-voice calls’' means to-voice calls’ means live to-voice’ calls means live calls, which do not entail the live calls, which do not calls, which do not entail the calls, which do not entail the use of automated calling entail the use of automated use of automated calling use of automated calling systems and communication calling systems and systems and communication systems and communication systems; communicationcommunicat systems; systems; 94 ions systems, including calls made using automated calling and Text Origin: Council Mandate communications systems which connect the called person to an individual; AM 64 Article 4(3), point (h) 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 27/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments (h) ‘automated calling and (h) ‘automated calling and (h) ‘automated calling and (h) ‘automated calling and (h) EP & CSL agreed communication systems’ communicationcommunicat communication systems’ communication systems’ means systems capable of ions systems’ means means systems capable of means systems capable of automatically initiating calls systems capable of automatically initiating calls automatically initiating calls to one or more recipients in automatically initiating calls to one or more recipients in to one or more recipients in accordance with instructions to one or more recipients in accordance with instructions accordance with instructions set for that system, and accordance with instructions set for that system, and set for that system, and transmitting sounds which set for that system, and transmitting sounds which transmitting sounds which 95 are not live speech, transmitting sounds which are not live speech, are not live speech, including calls made using are not live speech, including calls made using including calls made using automated calling and including calls made using automated calling and automated calling and communication systems automated calling and communication systems communication systems which connect the called communication systems which connect the called which connect the called person to an individual. which connect the called person to an individual.; person to an individual.; person to an individual. AM 65 Text Origin: Council Mandate Article 4(3), point (i) (i) 'direct marketing calls' (i) 'direct marketing calls' (i) EP & CSL agreed means direct marketing means direct marketing voice-to-voice calls and voice-to-voice calls and calls made via automated calls made via automated calling and calling and communication 95a communication systems systems for the purpose of for the purpose of direct direct marketing. marketing. Text Origin: Council Mandate Article 4(3), point (j) Y Y 95b 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 28/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments (j) ‘location data’ means (j) Linked Art 17 still open data processed by means of an electronic communications network or service, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications service; Article 4a Article 4a 95c Consent See Lines 126-129 CHAPTER II CHAPTER II CHAPTER II CHAPTER II PROTECTION OF PROTECTION OF ELECTRONIC PROTECTION OF ELECTRONIC COMMUNICATIONS OF ELECTRONIC COMMUNICATIONS OF NATURAL AND LEGAL COMMUNICATIONS OF NATURAL AND LEGAL PERSONS AND OF NATURAL AND LEGAL PERSONS AND OF 96 INFORMATION STORED PERSONS AND OF INFORMATION STORED IN THEIR TERMINAL INFORMATION STORED IN END-USERS AND OF EQUIPMENT INPROCESSED BY AND THE INTEGRITY OF RELATED TO THEIR THEIR TERMINAL TERMINAL EQUIPMENT EQUIPMENT AM 66 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 29/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 5 Article 5 Article 5 Article 5 Confidentiality of electronic Confidentiality of electronic Confidentiality of electronic 97 communications data communications data communications data AM 67 Article 5 (1) Electronic communications 1. Electronic Electronic communications data shall be confidential. communications data shall data shall be confidential. Any interference with be confidential. Any Any interference with electronic communications interference, with electronic electronic communications data, such as by listening, communications data, such data, such as byincluding tapping, storing, monitoring, as by listening, tapping, listening, tapping, storing, scanning or other kinds of storing, monitoring, monitoring, scanning or interception, surveillance or scanning or other kinds of other kinds of interception, 98 processing of electronic interception, surveillance or surveillance orand communications data, by any processing of electronic processing of electronic persons other than the end- communications data, by communications data, by users, shall be prohibited, persons other than the end- personsanyone other than except when permitted by users, shall be prohibited, the end-users concerned, this Regulation. except when permitted by shall be prohibited, except this Regulation. when permitted by this Regulation. AM 68 Article 5 (1a) 98a 1a Confidentiality of electronic communications shall also apply to data related to or processed by terminal equipment. 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 30/68
