A4-0415/96

Decision on the common position adopted by the Council with a view to adopting a European Parliament and Council Directive concerning the processing of personal data and the protection of privacy in the telecommunications sector, in particular in the integrated services digital network (ISDN) and in the public digital mobile networks (C4-0470/96 - 00/0288(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0470/96 - 00/0288(COD),

- having regard to its opinion at first reading ((OJ C 94, 13.4.1992, p. 198.)) on the Commission proposal to Parliament and the Council, COM(90)0314 ((OJ C 277, 5.11.1990, p. 12.)),

- having regard to the amended Commission proposal to Parliament and the Council, COM(94)0128 ((OJ C 200, 22.7.1994, p. 4.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Legal Affairs and Citizens' Rights (A4-0415/96),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and the Commission.

(Amendment 2)

Title

>Original text>

European Parliament and Council Directive concerning the processing of personal data and the protection of privacy in the telecommunications sector, in particular in the integrated services digital network (ISDN) and in the public digital mobile networks

>Text following EP vote>

European Parliament and Council Directive concerning the processing of personal data and the protection of privacy in the telecommunications sector

(Amendment 3)

Recital 7

>Original text>

(7) Whereas legal, regulatory, and technical provisions adopted by the Member States concerning the protection of personal data, privacy and the legitimate interests of legal persons, in the telecommunications sector, must be harmonized in order to avoid obstacles to the internal market for telecommunications in conformity with the objective set out in Article 8a of the Treaty; whereas the harmonization pursuant to the principle of subsidiarity is limited to requirements that are strictly necessary to guarantee that the promotion and development of new telecommunications services and networks between Member States will not be hindered;

>Text following EP vote>

(7) Whereas legal, regulatory, and technical provisions adopted by the Member States concerning the protection of personal data, privacy and the legitimate interests of legal persons, in the telecommunications sector, must be harmonized in order to avoid obstacles to the internal market for telecommunications in conformity with the objective set out in Article 8a of the Treaty; whereas the application of the subsidiarity principle is not appropriate to harmonization in the telecommunications sector because of the essentially transnational nature of telecommunications networks and services and whereas, in any case, such harmonization will have to guarantee that the promotion and development of new telecommunications services and networks between Member States are not hindered;

(Amendment 4)

Recital 7a (new)

>Text following EP vote>

(7a) Whereas the Member States, providers and users concerned, together with the competent Community bodies, must cooperate in introducing and developing the relevant technologies needed to apply the guarantees provided for by the provisions of this Directive;

(Amendment 5)

Recital 19

>Original text>

(19) Whereas directories are widely distributed and publicly available; whereas the right to privacy of natural persons and the legitimate interest of legal persons require that subscribers are able to determine the extent to which their personal data are published in a directory; whereas Member States may limit this possibility to subscribers who are natural persons;

>Text following EP vote>

(19) Whereas directories are widely distributed and publicly available; whereas the right to privacy of natural persons and the legitimate interest of legal persons require that subscribers are able to determine the extent to which their personal data are published in a directory; whereas, with regard to legal persons, exceptions to this general principle, when the legitimate interests of the subscriber run counter to other interests, such as the user's right to information, must be respected;

(Separate vote)

Recital 20

>Original text>

(20) Whereas safeguards must be provided for subscribers against intrusion into their privacy by means of unsolicited calls and telefaxes; whereas Member States may limit such safeguards to subscribers who are natural persons;

>Text following EP vote>

(20) Whereas safeguards must be provided for subscribers against intrusion into their privacy by means of unsolicited calls and telefaxes;

(Amendment 6)

Recital 25

>Original text>

(25) Whereas, given the technological developments and the attendant evolution of the services on offer, it will be necessary technically to specify the categories of data listed in the Annex to this Directive for the application of Article 6 of this Directive with the assistance of the Committee composed of representatives of the Member States set up in Article 31 of Directive 95/46/EC in order to ensure a coherent application of the requirements set out in this Directive regardless of changes in technology;

>Text following EP vote>

(25) Whereas, given the technological developments and the attendant evolution of the services on offer, it will be necessary technically to specify the categories of data listed in the Annex to this Directive for the application of Article 6 of this Directive with the assistance of the Committee composed of representatives of the Member States set up in Article 31 of Directive 95/46/EC in order to ensure a coherent application of the requirements set out in this Directive regardless of changes in technology, and bearing in mind that this procedure cannot apply to substantial changes in these categories of data, which may be undertaken only in accordance with the procedure laid down in Article 100a of the Treaty;

(Amendment 7)

Article 5

>Original text>

Member States shall ensure via national regulations the confidentiality of communications by means of public telecommunications network and publicly available telecommunications services. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications, by others than users, without the consent of the users concerned, except when legally authorized.

>Text following EP vote>

Member States shall ensure via national regulations the confidentiality of communications by means of public telecommunications network and publicly available telecommunications services. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications, by others than users, without the consent of the users concerned, except when legally authorized, in accordance with Article 14(1).

(Amendment 8)

Article 9, introduction

>Original text>

Member States shall ensure that the provider of a public telecommunications network and/or publicly available telecommunications service may override the elimination of presentation of the calling line identification:

>Text following EP vote>

Member States shall lay down legal provisions governing the way in which the provider of a publicly available telecommunications service may eliminate presentation of the calling line identification:

(Amendment 9)

Article 11(2)

>Original text>

2. Member States may allow operators to require a payment from subscribers wishing to ensure that their particulars are not entered in a directory, provided that the sum involved is reasonable and does not act as a disincentive to the exercise of this right.

>Text following EP vote>

Deleted

(Separate vote)

Article 12(3)

>Original text>

3. Member States may limit the application of paragraphs 1 and 2 to subscribers who are natural persons.

>Text following EP vote>

Deleted

(Amendment 10)

ANNEX indent 5a (new)

>Text following EP vote>

- date of the call/service