Amendments 136 - 331

European Parliament 2014-2019 Committee on Civil Liberties, Justice and Home Affairs 2017/0003(COD) 14.7.2017 AMENDMENTS 136 - 331 Draft report Marju Lauristin (PE606.011v01-00) 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) Proposal for a regulation (COM(2017)0010 – C8-0009/2017 – 2017/0003(COD)) AM_Com_LegReport Amendment 136 Jan Philipp Albrecht, Judith Sargentini, Viviane Reding Proposal for a regulation Recital 1 Text proposed by the Commission Amendment (1) Article 7 of the Charter of (1) Article 7 of the Charter of Fundamental Rights of the European Union Fundamental Rights of the European Union ("the Charter") protects the fundamental ("the Charter") protects the fundamental right of everyone to the respect for his or right of everyone to the respect for his or her private and family life, home and her private and family life, home and communications. Respect for the privacy communications. Respect for the privacy of one’s communications is an essential of one's communications is an essential dimension of this right. Confidentiality of dimension of this right. Confidentiality of electronic communications ensures that electronic communications ensures that information exchanged between parties and information exchanged between parties and the external elements of such the external elements of such communication, including when the communication, including information information has been sent, from where, to regarding when the information has been whom, is not to be revealed to anyone sent, from where, to whom, is not to be other than to the parties involved in a revealed to anyone other than to the communication. The principle of communicating parties. The principle of confidentiality should apply to current and confidentiality should apply to current and future means of communication, including future means of communication, including calls, internet access, instant messaging calls, internet access, instant messaging applications, e-mail, internet phone calls applications, e-mail, internet phone calls and personal messaging provided through and inter-personal messaging provided social media. through social media. It should also apply when the confidentiality of electronic communications and the privacy of the physical environment converge, i.e. where terminal devices for electronic communication can also listen into their physical environment or use other input channels such as Bluetooth signalling or movement sensors. Or. en Amendment 137 Cornelia Ernst Proposal for a regulation Recital 1 Text proposed by the Commission Amendment (1) Article 7 of the Charter of (1) Article 7 of the Charter of Fundamental Rights of the European Union Fundamental Rights of the European Union ("the Charter") protects the fundamental ("the Charter") protects the fundamental right of everyone to the respect for his or right of everyone to the respect for his or her private and family life, home and her private and family life, home and communications. Respect for the privacy communications. Respect for the privacy of one’s communications is an essential of one’s communications is an essential dimension of this right. Confidentiality of dimension of this right. Confidentiality of electronic communications ensures that electronic communications ensures that information exchanged between parties and information exchanged between parties and the external elements of such the external elements of such communication, including when the communication, including information information has been sent, from where, to regarding when the information has been whom, is not to be revealed to anyone sent, from where, to whom, is not to be other than to the parties involved in a revealed to anyone other than to the communication. The principle of communicating parties. The principle of confidentiality should apply to current and confidentiality should apply to current and future means of communication, including future means of communication, including calls, internet access, instant messaging calls, internet access, instant messaging applications, e-mail, internet phone calls applications, e-mail, internet phone calls and personal messaging provided through and messaging provided through social social media. media. Or. en Amendment 138 Jan Philipp Albrecht, Judith Sargentini Proposal for a regulation Recital 2 Text proposed by the Commission Amendment (2) The content of electronic (2) Electronic communications data communications may reveal highly may reveal highly sensitive information sensitive information about the natural about the natural persons involved in the persons involved in the communication, communication, from personal experiences from personal experiences and emotions to and emotions to medical conditions, sexual medical conditions, sexual preferences and preferences and political views, the political views, the disclosure of which disclosure of which could result in personal could result in personal and social harm, and social harm, economic loss or economic loss or embarrassment. embarrassment. For the content of Similarly, metadata derived from electronic communications, the Court of Justice has communications may also reveal very clarified that access on a generalised sensitive and personal information. These basis by parties other than the metadata includes the numbers called, the communication partners and the websites visited, geographical location, the communications service provider must be time, date and duration when an individual regarded as compromising the essence of made a call etc., allowing precise the fundamental right to respect for conclusions to be drawn regarding the private life, which is never acceptable. private lives of the persons involved in the Similarly, metadata derived from electronic electronic communication, such as their communications may also reveal very social relationships, their habits and sensitive and personal information. These activities of everyday life, their interests, metadata includes the numbers called, the tastes etc. websites visited, geographical location, the time, date and duration when an individual made a call etc., allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication, such as their social relationships, their habits and activities of everyday life, their interests, tastes etc. Metadata can also be processed and analysed much easier than content, as it is already brought into a structured and standardised format. The protection of confidentiality of communications is an essential condition for the respect of other connected fundamental rights and freedoms, such as the protection of freedom of thought, conscience and religion, freedom of assembly, freedom of expression and information. Or. en Amendment 139 Daniel Dalton, Helga Stevens, John Procter Proposal for a regulation Recital 2 Text proposed by the Commission Amendment (2) The content of electronic (2) The content of electronic communications may reveal highly communications may reveal highly sensitive information about the natural sensitive information about the natural persons involved in the communication, persons involved in the communication. from personal experiences and emotions Similarly, metadata derived from electronic to medical conditions, sexual preferences communications may also reveal very and political views, the disclosure of sensitive and personal information. These which could result in personal and social metadata includes the numbers called, the harm, economic loss or embarrassment. websites visited, geographical location, the Similarly, metadata derived from electronic time, date and duration when an individual communications may also reveal very made a call etc., allowing conclusions to be sensitive and personal information. These drawn regarding the private lives of the metadata includes the numbers called, the persons involved in the electronic websites visited, geographical location, the communication. time, date and duration when an individual made a call etc., allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication, such as their social relationships, their habits and activities of everyday life, their interests, tastes etc. Or. en Amendment 140 Maria Grapini Proposal for a regulation Recital 2 Text proposed by the Commission Amendment (2) Conținutul comunicațiilor (2) Conținutul comunicațiilor electronice poate dezvălui informații electronice poate dezvălui informații extrem de sensibile despre persoanele extrem de sensibile despre persoanele fizice implicate în comunicare, de la fizice implicate în comunicare, de la experiențe și emoții personale, la starea de experiențe și emoții personale, la starea de sănătate, preferințe sexuale și opinii sănătate, preferințe sexuale, opinii politice politice, a căror divulgare ar putea conduce și orientări religioase a căror divulgare ar la prejudicii personale și sociale, pierderi putea conduce la prejudicii personale și economice sau situații neplăcute. În mod sociale, pierderi economice sau situații similar, metadatele provenite din neplăcute. În mod similar, metadatele comunicațiile electronice pot, de asemenea, provenite din comunicațiile electronice au dezvălui informații extrem de sensibile și un înalt grad de confidențialitate şi pot, de cu caracter personal. Aceste metadate

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