CELEX: 51994PC0128
Language: en
Date: 1994-06-13
Title: Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE concerning the protection of personal data and privacy in the context of digital telecommunications networks, in particular the Integrated Services Digital Network (ISDN) and digital mobile networks

No C 200 /4                             Official Journal of the European Communities                                    22 . 7 . 94
                                                                 II
                                                         (Preparatory Acts)
                                                  COMMISSION
               Amended proposal for a European Parliament and Council Directive concerning the protection
               of personal data and privacy in the context of digital telecommunications networks, in particular
                        the integrated services digital network (ISDN) and digital mobile networks (')
                                                          (94 /C 200/04)
                                                     (Text with EEA relevance)
                                                COM(94) 128 final — COD 288
                (Submitted by the Commission pursuant to Article 189a (2) of the EC Treaty on 14 June 1994 )
               O OJ No C 277, 5 . 11 . 1990, p. 12.
                     ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
Proposal for a Council Directive concerning the                      Modified proposal for a Directive of the European
protection of personal data and privacy in the context of            Parliament and the Council concerning the protection of
public digital telecommunications networks, in particular            personal data and privacy in the context of digital tele­
the integrated services digital network (ISDN) and public            communications network, in paticular the integrated
                   digital mobile networks                           services digital network (ISDN), and digital mobile
                                                                                               networks
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             THE EUROPEAN PARLIAMENT AND THE COUNCIL
                                                                     OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European                Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100a                   Community, and in particular Article 100a thereof,
thereof,
Having regard to the proposal from the Commission,                   Having regard to the proposal from the Commission ('),
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and                     Having regard to the opinion of the Economic and
Social Committee,                                                    Social Committee (2),
 ( 1 ) Whereas Council Directive . . J . . ./EEC, con­                ( 1 ) Whereas Council Directive . . ./. . ./EEC, con­
       cerning the protection of individuals in relation to                 cerning the protection of individuals with regard to
       the processing of personal data, exhorts Member                      the processing of personal data and the free
       States to ensure the protection of privacy;                          movement of such data, exhorts Member States to
                                                                            ensure the rights and freedom of natural persons
                                                                            with regard to the processing of personal data, and
                                                                            in particular their right to privacy, in order to
                                                                            ensure the free flow of personal data in the
                                                                            Community.
                                                                     O OJ No C 277, 5 . 11 . 1990, p. 12.
                                                                     O OJ No C 159, 17. 6. 1991 , p. 38 .
 ---pagebreak--- 22 . 7 . 94                                  Official Journal of the European Communities                               No C 200/ 5
                         ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
  (2) Whereas currently in the European Community                        (2) Whereas currently in the European Community
        new advanced digital public telephone networks are                   new advanced digital public telecommunications
        emerging which give rise to specific requirements                    networks are emerging which give rise to specific
         concerning the protection of personal data and                      requirements concerning the protection of personal
         privacy of the user;                                                data and privacy of the user;
  (3) Whereas this is the case, in particular, with the                  (3) Whereas this is the case, in particular, with the
         introduction of the integrated services digital                     introduction of the integrated services digital
         network (ISDN) and public digital mobile                            network (ISDN) and digital mobile networks ;
         networks ;
  (4) Whereas the Council, in its resolution of 30 June                  (4) Whereas the Council, in its resolution of 30 June
         1988 on the development of the common market                         1988 on the development of the common market
         for telecommunications services and equipment up                    for telecommunications services and equipment up
         to 1992 (*), has called for steps to be taken to                    to 1992 (') has called for steps to be taken to
         protect personal data, in order to create an appro­                 protect personal data, in order to create an appro­
         priate environment for the future development of                    priate environment for the future development of
         telecommunications in the Community; whereas the                    telecommunications in the Community; whereas the
         Council has re-emphasized the importance of the                     Council has re-emphasized the importance of the
         protection of personal data and privacy in its                      protection of personal data and privacy in its
         resolution of 18 July 1989 on the strengthening of                  resolution of 18 July 1989 on the strengthening of
         the coordination for the introduction of the inte­                  the coordination for the introduction of the inte­
         grated services digital network (ISDN) in the                       grated services digital network (ISDN) in the
         Community (2) ;                                                     European Community (2);
  (5) Whereas the European Parliament has underlined                     (5) Whereas the European Parliament has underlined the
         the importance of the protection of personal data                   importance of the protection of personal data and
         and privacy in telecommunications networks, in                      privacy in telecommunications networks, in paticular
         particular with regard to the introduction of the                   with regard to the introduction of the integrated
         integratedservicesdigitalnetwork(ISDN) (J) (4) (!);                 services digital network (ISDN) (3) (4) (5) ;
   (6) Whereas Commision recommendation 81 /679/EEC
         calls for the adoption and ratification by Member
         States of the Council of Europe Convention for the
         protection of individuals with regard to automatic
         processing of personal data which spells out general
         principles for the protection of personal data ;
   (7) Whereas a number of Member States have adopted
          and ratified this Convention ;
   (8) Whereas Council Decision . . . opens negotiations
         with a view to the accession of the European
          Economic Community, in the fields in which it is
          competent, to the Convention of the Council of
          Europe for the protection of individuals with regard
          to automatic processing of personal data ;
   (9) Whereas Council Directive . . . concerning the
          protection of individuals in relation to the processing
          of personal data implements the adoption of these
          general principles in the Community ;
 (') OJ    No  C  257, 4. 10. 1988 , p. 1 .                             O   OJ No  C 257, 4. 10. 1988, p. 1 .
 O   OJ     No C  196, 1 . 8 . 1989, p. 4.                              O   OJ No  C 196, 1 . 8. 1989, p. 4.
 O   OJ     No C  7, 12. 1 . 1987, p. 334.                              O   OJ No  C 7, 12. 1 . 1987, p. 334.
 C)  OJ    No  C  12 , 16. 1 . 1989, p. 69.                             O   OJ No  C 12, 16. 1 . 1989, p. 69.
 O OJ       No C  12 , 16. 1 . 1989, p. 66 .                            O   OJ No  C 12, 16. 1 . 1989, p. 66.
 ---pagebreak--- No C 200 /6                                Official Journal of the European Communities                                    22 . 7 . 94
                       ORIGINAL PROPOSAI                                                 AMENDED PROPOSAL
(10) Whereas in the case of public digital networks,                   (6) Whereas in the case of telecommunications
       specific legal, regulatory, and technical provisions                networks, specific legal, regulatory, and technical
       must be made in order to protect personal data and                  provisions must be made in order to protect personal
       the privacy of users with regard to the increasing risks            data and the privacy of users with regard to the
       connected with computerized storage and processing                  increasing risks connected with computerized storage
       of personal data in such networks ;                                 and processing of personal data in such networks ;
( 11 ) Whereas Member States are currently developing                  (7) Whereas several Member States have already
       divergent provisions in this area ;                                 adopted diverging provisions in this area ; whereas a
                                                                           number of Member States are currently developing
                                                                           legislation which bears the risk to increase the
                                                                           existing differences ;
(12) Whereas given the obstacles resulting from these                  (8) Whereas these divergent legal, regulatory, and
       divergent legal, regulatory and technical provisions                technical provisions concerning the protection of
       concerning the protection of personal data and                      personal data and privacy in the context of the
       privacy in the context of the implementation of public              implementation of telecommunications networks in
       digital telecommunications networks, in particular                  the Community, in particular the integrated services
       the integrated services digital network (ISDN) and                  digital network (ISDN) and digital mobile networks,
       public digital mobile networks, the full establishment              create obstacles to the creation of an internal market
       of a Community-wide market in telecommunications                    for telecommunications in conformity with the
       services and equipment requires the rapid intro­                    objective set out in Article 8 A of the Treaty; whereas
       duction of harmonized provisions ;                                  the importance of these differences and the necessity
                                                                           to ensure the freedom of transborder telecommuni­
                                                                           cations within the Community require specific
                                                                           harmonization at Community level ; whereas the
                                                                           harmonization envisaged is strictly limited, pursuant
                                                                           to the principle of subsidiarity, to the specific
                                                                           requirements which have arisen as a result of the
                                                                           introduction of new functionalities in telecommuni­
                                                                           cations networks ;
                                                                       (9) Whereas for all matters concerning protection of
                                                                           personal data and privacy in the context of
                                                                           telecommunications networks, which are not covered
                                                                           by the provisions of this Directive, including the
                                                                           rights of individuals, the Council Directive . . ./
                                                                           . . ./EEC, shall apply;
( 13) Whereas this Directive should determine the extent
        to which personal data may be collected, stored and
        processed in connection with the provision of
        telecommunications services ;
 ( 14) Whereas the collection, storage and processing of
        personal data by a telecommunications ogranization
        is justified for the purposes of the provision of the
        intended service only and may not be used without
        specific authorization by law or the subscriber's prior
        consent for any other purpose ; whereas such
        collection, storage and processing of personal data
        may, in particular, not be used to give such
        telecommunications organization any undue com­
        petitive advantage over other service providers ;
 ---pagebreak--- 22.7.94                                   Official Journal of the European Communities                                    No C 200 / 7
                      ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
( 15) Whereas this Directive should implement in the                 ( 10) Whereas the personal data processed to establish calls
       telecommunications sector the general principles                      are highly sensitive, in particular in the case of digital
       concerning the subscriber's right to inspect the                      mobile networks ; whereas the storage of these data
       personal data stored about him/her, his right to                     should be limited to the period strictly necessary for
       request the rectification or erasure of such data, if                the provision of the service ;
       necessary, as well as his right to prevent non-auth­
       orized disclosure of his personal data ;
( 16) Whereas this Directive must provide for harmon­                ( 11 ) Whereas currently diverging rules exist in the
       ization of the Member States' rules concerning the                   Member States with regard to the provision of
       privacy in the field of itemized call statements ;                   itemized bills ; whereas this Directive must provide
                                                                            for harmonization of the Member States' rules
                                                                            concerning the privacy in the field of itemized billing
                                                                            in order to avoid obstacles to the development of
                                                                            trans-European services ;
( 17) ♦Whereas, it is necessary, as regards the calling line         ( 12) Whereas, it is necessary, as regards the calling line
       identification, to protect both the right of the calling             identification, to protect both the right of the calling
       party to remain anonymous and the privacy of the                     party to remain anonymous and the privacy of the
       called party with regard to unidentified calls ;                     called party with regard to unidentified calls ;
                                                                            whereas, however, it is justified to override the
                                                                            elimination in specific exceptional cases ;
                                                                     ( 13) Whereas directories are widely distributed and
                                                                            publicly available ; whereas the right to privacy
                                                                            requires that the subscriber himself is able to
                                                                            determine to which extent his personal data are
                                                                            published in a directory;
                                                                    ( 14) Whereas measures must be taken to prevent the
                                                                            unauthorized access to communications in order to
                                                                            protect the confidentiality of communications ;
(18) Whereas safeguards must be provided for the users of           ( 15) Whereas safeguards must be provided for the users
       teleshopping and videotext services against unauth­                  against intrusion into their privacy by means of
       orized use of their personal data as well as for the                 forwarded calls as well as unsolicited calls and
       subscribers in general against intrusion into their                  telefaxes ;
       privacy by means of unsolicited calls ;
( 19) Whereas it is necessary to ensure that the                    ( 16) Whereas it is necessary to ensure that the
       introduction of technical features of telecommuni­                   introduction of technical features of telecommuni­
       cations equipment for data protection purposes is                    cations equipment for data protection purposes is
       harmonized in order to be compatible with the                        harmonized in order to be compatible with the
       implementation of the internal market of 1992 ;                      implementation of the internal market of 1992 ;
                                                                    ( 17) Whereas where the rights of the users and subscribers
                                                                            are not respected, national legislation must provide
                                                                            for judicial remedy; whereas sanctions must be
                                                                            imposed on any person, whether governed by private
                                                                            or public law, who fails to comply with the national
                                                                            measures taken under this Directive ;
 ---pagebreak--- No C 200 / 8                           Official Journal of the European Communities                                    22.7.94
                       ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
(20) Whereas the implementation of this Directive with
      regard to third countries must take into account the
      level of protection of personal data and privacy in
      those countries as provided for in Council Directive
(21 ) Whereas all matters concerning protection of
      personal data and privacy in the context of public
      digital telecommunications networks, which are not
      covered by the provisions of this Directive, the
      Council Directive mentioned above shall apply;
                                                                  ( 18) Whereas Member States , industries concerned and
                                                                        the European Community will have to cooperate in
                                                                        developing and manufacturing the technologies
                                                                        necessary for the implementation of this Directive ;
                                                                        this cooperation will have to respect in particular the
                                                                        competition rules of the Treaty ;
(22) Whereas this Directive does not address issues of            ( 19) Whereas this Directive does not address issues of
      protection of personal data and privacy related to                protection of personal data and privacy related to
      national security ;                                               activities, such as national security, which are not
                                                                        governed by Community law; whereas processing
                                                                        carried out by a Member State's own authorities,
                                                                        organizations or other bodies in the course of
                                                                        activities which are not governed by Community law
                                                                        should be governed by the protection principles
                                                                        provided for in the resolution of the representatives
                                                                        of the Governments of the Member States of the
                                                                        European Communities meeting within the Council
                                                                        of . . . ;
                                                                  (20) Whereas the processing of personal data may not be
                                                                        used to give telecommunications organizations any
                                                                        undue competitive advantage over other service
                                                                        providers ;
(23) Whereas it is useful for the preparation of measures        (21 ) Whereas it is useful in the field of application of this
      intended to implement or modify this Directive to                 Directive to draw on the experience of the Working
      draw on the experience of the Working Party on the                Party on the protection of individuals with regard to
      protection of personal data composed of rep­                      the processing of personal data composed of
      resentatives of the supervisory authorities of the                representatives of the supervisory authorities of the
      Member States, set up by Article 27 of Council                    Member States, set up in Article 31 of Council
      Directive . . .;                                                  Directive . . . ;
(24) Whereas such measures must be prepared with the             (22) Whereas such measures must be prepared with the
      assistance of the committee composed of represen­                 assistance of the Committee composed of represen­
      tatives of the Member states set up by Article 30 of              tatives of the Member States set up by Council
      Council Directive . . .;                                          Directive . . .;
 ---pagebreak--- 22 . 7. 94                                 Official Journal of the European Communities                                No C 200 /9
                     ORIGINAL PROPOSAL                                                     AMENDED PROPOSAL
HAS ADOPTED THIS DIRECTIVE :                                          HAVE ADOPTED THIS DIRECTIVE :
                            Article 1                                                            Article 1
                                                                                                 Objective
1 . This Directive provides for the harmonization of the              1 . This Directive provides for the harmonization of the
provisions required to ensure an equal level of protection            provisions required to ensure an equivalent level of
of privacy in the Community and to provide for the free              protection of personal data and privacy in the Member
movement of telecommunications equipment and services                 States and to provide for the free movement of
within and between Member States.                                     telecommunications equipment and services in the
                                                                      Community.
2. The Member States shall adopt the necessary specific               2. The Member States shall adopt the necessary specific
provisions in order to guarantee the protection of personal          provisions in order to guarantee the protection of personal
data and privacy in the telecommunications sector in                  data and privacy in the telecommunications sector in
accordance with this Directive .                                      accordance with this Directive .
                            Article 2
1 . Without prejudice to the general provisions of
Council Directive . . ., this Directive applies specifically to
the collection, storage, and processing of personal data by
telecommunications organizations in connection with the
provision of public telecommunications services in public
digital telecommunications networks in the Community, in
particular via the integrated services digital network
(ISDN) and public digital mobile networks.
2 . In case a Member State has not yet implemented the
integrated services digital network (ISDN) or public
digital mobile networks, the provisions of this Directive
will be implemented to the extent that they also apply to
services based on analogue networks .
                            Article 3                                                            Article 2
                                                                                                Definitions
For the purposes of this Directive,                                  In addition to the definitions given in Directive
                                                                      . . ./. . ./EEC, for the purposes of this Directive :
1 , 'personal data' means any information relating to an
    identified or identifiable individual ;
2 , 'telecommunications organization' means a public or               1 , 'telecommunications organization' means a public or
    private body, to which a Member State grants special or                private body, to which a Member State grants special or
    exclusive rights for the provision of a public                         exclusive rights for the provision of a public
    telecommunications network and, where applicable,                      telecommunications network and, where applicable,
    public telecommunications services ;                                   public telecommunications services ;
                                                                     2, 'service provider' means a natural or legal person
                                                                           providing services whose provision consists wholly or
                                                                           partly in the transmission and routing of signals on a
                                                                           public telecommunications network, with the exception
                                                                           of radio broadcasting and television ;
 ---pagebreak--- No C 200 / 10                        Official Journal of the European Communities                                         22.7.94
                   ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
                                                                3 , 'subscriber' means any natural or legal person having
                                                                    subscribed to       a telecommunications service of a
                                                                    telecommunications organization or another service
                                                                    provider ;
                                                                4, 'user' means any person using a telecommunications
                                                                    service for private or business purposes without
                                                                    necessarily having subscribed to this service ;
3, 'public telecommunications network' means the public         5 , 'public telecommunications network' means the public
   telecommunications infrastructure which permits the              telecommunications infrastructure which permits the
   conveyance of signals between defined network                    conveyance of signals between defined network
   termination points by wire, by microwave, by optical             termination points by wire, by microwave, by optical
   means or by other electromagnetic means ;                        means or by other electromagnetic means ;
4, 'public telecommunications service' means a telecom­         6 , 'public telecommunications service' means a telecom­
   munications service whose supply Member States have              munciations service whose supply Member States have
   specifically entrusted inter alia to one or more                 specifically entrusted inter alia to one or more
   telecommunications organizations.                                telecommunications organizations.
                                                                                             Article 3
                                                                                        Services concerned
                                                                1 . Without prejudice to the provisions of Council
                                                                Directive . . J . . ., this Directive applies to the processing
                                                               of personal data by telecommunications organizations in
                                                               connection with the provision of public telecommuni­
                                                               cations services in public digital telecommunications
                                                               networks in the Community, in particular via the
                                                               integrated services digital network (ISDN) and public
                                                               digital mobile networks .
                                                               2.      The principles concerning network security, billing
                                                               data, subscriber directories, technical features and
                                                               standardization as well as judicial remedies and sanctions
                                                                as set out in Articles 4, 5 , 6, 1 1 , 14 and 16 of this Directive
                                                               shall apply mutatis mutandis to public digital telecom­
                                                               munications services of service providers other than
                                                               telecommunications organizations and to other telecom­
                                                               munications services provided to the public over the public
                                                               telecommunications network.
                                                               The measures necessary for the application of other
                                                               provisions of this Directive to service providers other than
                                                               telecommunications organizations or measures that may
                                                               prove necessary to give better effect to the application of
                                                               the above paragraph shall be adopted by the Commission
                                                               after consultation of the Working Party referred to in
                                                               Article 17 and in accordance with the procedure laid down
                                                               in Article 18 .
 ---pagebreak--- 22 . 7 . 94                             Official Journal of the European Communities                             No C 200 / 1 1
                      ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
                                                                   3. Member States shall ensure that the provisions of this
                                                                   Directive will, where technically possible, be also applied
                                                                   to the processing of personal data in connection with
                                                                   services provided via analogue networks.
                            Article 4
1 . Collection, storage and processing of personal data
by a telecommunications organization is justified for
telecommunications purposes only, in particular in order
to establish connections for the transmission of voice, data
or image, to produce bills, to compile directories, and for
other legitimate operational purposes, for example fault
clearance, prevention of misuse of the telecommunications
organization's equipment, or registration of incoming calls
in accordance with Article 13 ( 1 ).
2. The telecommunications organization shall not use
such data to set up electronic profiles of the subscribers or
classifications of individual subscribers by category.
                           Article 5
1 . Personal data of the subscriber may be collected and
stored to the extent necessary to conclude, perform,
amend or terminate the contract with the telecommuni­
cations organization. After termination of the contract the
data are to be erased unless and for so long as they are
required to deal with complaints, to recover charges or to
comply with other obligations imposed by the law of the
Member State, in conformity with Community law.
2.      The contents of the information transmitted must not
be stored by the telecommunications organization after the
end of the transmission, except where required by
obligations imposed by the law of the Member State, in
conformity with Community law.
                           Article 6
The subscriber is entitled :
— to obtain at reasonable intervals and without excessive
     delay or expense confirmation of whether personal
     data relating to him/her are stored as well as
     communication to him /her of such data in an
     intelligible form,
— to obtain, as the case may be, rectification or erasure of
     such data if they have been processed in breach of the
     provisions which are imposed by the law of the
     Member State in conformity with Community law.
 ---pagebreak---  No C 200 / 12                           Official Journal of the European Communities                                   22.7.94
                    ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                          Article 7
 1.   In principle, all personal data processed in
connection with telecommunication networks and services
are to be kept confidential.
2.    The personal data may not be disclosed outside the
services or the network of the telecommunications
organization without specific authorization by law or the
subscriber's prior consent. A subscriber shall be held to
have given such consent only where it is given by way of a
specific response to a request by the telecommunications
organization. Without the subscriber's prior consent, these
personal data must not be disclosed to persons within the
telecommunications organization who are not dealing
with the relevant services provided .
3 . The telecommunications organization must not
make the provision of its service dependent upon such
consent .
                          Article 8                                                           Article 4
                                                                                              Security
1 . The telecommunications organization must provide
adequate, state-of-the-art protection of personal data
against unauthorized access and use .
2. In case of particular risk of a breach of the security of       In case of particular risk of a breach of the security of the
the network, for example in the field mobile radio                 network, for example in the field mobile radio telephony,
telephony, the telecommunications organization must                the telecommunications organization must inform the
inform the subscribers concerning such risk and offer them         subscribers concerning such risk and offer them encryption
an end-to-end encryption service.                                  facilities .
                          Article 9                                                          Article 5
                                                                                            Billing data
1.    Billing data containing the telephone number or               1.    For the purpose of billing, data containing the
identification of the subscriber station, the address of the       number or ' identification of the subscriber station, the
subscriber and the type of station, the total number of units      address of the subscriber and the type of station, the total
to be charged for the accounting period, the called                number of units to be charged for the accounting period,
telephone number, the type and duration of the calls made          the called, subscriber number, the type and duration of the
and/or the data volume transmitted as well as other                calls made and/or the data volume transmitted as well as
information needed for billing such as advance payment,            other information needed for billing such as advance
payment by instalments, disconnection and reminders,               payment by instalments, disconnection and reminders ,
may be stored and processed.                                       may be processed . Access to the storage of such data has to
                                                                   be restricted to the persons in charge of billing.
2. Such a general storage of billing data is permissible           2 . Such a storage of billing data is permissible only up to
up to the end of the statutory period during which the bill        the end of the statutory period during which the bill may
may be challenged.                                                 be challenged.
 ---pagebreak--- 22 . 7 . 94                              Official Journal of the European Communities                               No C 200/ 13
                     ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
                           Article 10                                                         Article 6
                                                                                             Traffic data
1 . Traffic data containing the personal data necessary             Traffic data containing the personal data processed to
to establish calls, or required for billing or other                establish calls and stored in the switching centres of the
operational purpose, such as the telephone number of the            telecommunications organizations must be erased as soon
calling and of the called subscriber, the time each call            as it is no longer necessary to provide the service required.
started and finished and the telecommunications service
used by the subscriber, may be collected, stored and
processed as far as this is necessary to provide the
telecommunications service required.
2. The traffic data stored in the switching centres of the
telecommunications organization must be erased after
termination of the call unless the data are anonymized or
are required for billing or other legitimate purposes in the
meaning of Article 4 .
                           Article 11                                                          Article 7
                                                                                           Itemized billing
Upon application of the subscriber an itemized call                 Where, upon application of the subscriber, an itemized bill
statement may be produced, containing, among other                  is produced, Member States shall ensure the privacy of
items, the telephone numbers of the called subscribers              calling users and called subscribers is preserved.
without the last four digits.
                            Article 12                                                         Article 8
                                                                                      Calling-line identification
 1 . With regard to communications between subscribers               1 . Where calling-line identification is offered, the
 linked to digital exchanges, the calling subscriber must            calling subscriber must have the possibility to eliminate via
 have the possibility to eliminate via a simple technical            a simple means the transmission of his/her subscriber
 facility the identification of his/her telephone number on          number for the purpose of calling-line-identification on a
 the display of the called subscribers' terminal equipment,         per-call basis.
 or its recording in a storage facility of this terminal, on a
 case-by-case basis .
 The transmission of the telephone number may also be                2.     Member States shall ensure that, upon application,
 permanently eliminated by the telecommunications organ­             the subscriber obtains from the telecommunications
 ization upon application of the calling subscriber.                 organization a per-line elimination of the transmission of
                                                                     the subscriber number for the purpose of calling-line
                                                                     identification.
 2. The called subscriber may apply for permanent                    3.     Member States shall ensure that, upon application,
 elimination of the identification of all incoming calls ;           the subscriber obtains from the telecommunications
 he/she must also be able to turn off the display of his/her         organization a per-line elimination of the identification of
 terminal equipment, or to eliminate the recording in the            all incoming calls ; Member States shall ensure that in other
 terminal's storage facility, in order to prevent the                cases the subscribers are able to prevent the access to the
 identification of the incoming calls, on a case-by-case             identification of incoming calls by unauthorized persons.
 basis .
 The called subscriber must be able to limit the acceptance          The called subscriber must be able to limit the acceptance
 of incoming calls to those which identify the calling               of incoming calls to those where the identification of the
 subscriber's number.                                                calling subscriber's number has not been eliminated.
 ---pagebreak--- No C 200 / 14                            Official Journal of the European Communities                                      22 . 7 . 94
                      ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
3. With regard to communications betwen a subscriber                4. The provisions set out in paragraphs ( 1 ) and (2) shall
linked to an analogue exchange and subscribers linked to            also apply with regard to calls to third countries
digital exchanges, the former subscriber is to be informed          originating in the Community; the provisions set out in
of the identification of his/her telephone number and to be         paragraph (3) shall also apply to incoming calls originating
offered the permanent elimination of the feature upon               in third countries .
application. This subscriber must also have the possibility
to eliminate the identification on a case-by-case basis.            5. The options set out in this Article must be offered
                                                                    free of charge.
                           Article 13                                                          Article 9
                                                                                              Exceptions
 1 . For a limited period of time, the telecommunications            1 . Member States shall ensure that, for a limited period
organization may override the elimination of the calling            of time, the telecommunications organization may
line identification :                                               override the elimination of the calling line identification in
                                                                    exceptional cases :
(a) upon application of a subscriber requesting the tracing         (a) upon application of a subscriber requesting the tracing
     of malicious calls. In this case, the data containing the           of malicious calls; in this case, the data containing the
     identification of the calling subscriber will be stored by          identification of the calling subscriber will be stored by
     the telecommunications organization and be made                     the telecommunications organization and be made
     available upon request to the public authority charged              available upon request to the public authority charged
     with the prevention or pursuit of criminal offences of              with the prevention or pursuit of criminal offences of
     the Member State concerned ;                                        the Member State concerned ;
 (b) upon specific court order, in order to prevent or              (b) upon specific court order, in order to prevent or
     pursue serious criminal offences.                                   pursue serious criminal offences.
2. A permanent override function must be made                       2. Member States shall ensure that a permanent
 available upon request :                                           override function is made available upon request :
 (a) to organizations recognized by a Member State which             (a) to organizations recognized by a Member State which
     answer and deal with emergency calls ; and                          answer and deal with emergency calls ; and
 (b) to fire brigades operated or recognized by a Member             (b) to fire brigades operated or recognized by a Member
     State.                                                              State .
 3 . The telecommunications organizations shall take the             3 . The telecommunications organizations shall take the
 necessary steps to ensure that the override function is            necessary steps to ensure that the overide function is
 operational on a national and Community-wide basis.                operational on a national and Community-wide basis .
                           Article 14                                                          Article 10
                                                                                            Call forwarding
 1 . Calls may be forwarded from the called subscriber to            Calls may be forwarded from the called subscriber to a
 a third party only if this party has agreed ; the third party       third party only if this party has agreed ; for this purpose
 may limit automatic forwarding to those calls which                 ways and means of agreement by a third party will have to
 identify the calling subscriber's number; the third party           be developed and provided for as well as the possibility to
 must be informed via a specific signal of the message that          stop automatic forwarding.
 the call has been forwarded.
 2. The calling subscriber must be informed auto­
 matically during the establishment of the connection that
 the call is being forwarded to a third party.
 ---pagebreak--- 22 . 7 . 94                             Official Journal of the European Communities                               No C 200 / 15
                     ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                                                                                              Article 11
                                                                                              Directories
                                                                   Personal data contained in a directory should be limited to
                                                                  what is strictly necessary to identify a particular subscriber,
                                                                   unless the subscriber has given his consent to the
                                                                   publication of additional personal data. The subscriber
                                                                   shall be entitled, free of charge, not to have his or her sex
                                                                   indicated and to be omitted from the directory at his or her
                                                                   request.
                          Article 15                                                          Article 12
                                                                                   Surveillance of communications
1 . If the content of telephone calls is made accessible to        1 . Member States shall take appropriate measures to
third parties via technical devices, such as loudspeakers or       ensure that listening or tapping devices or other means of
other on-hook equipment, or stored on tape for own use or          interception or surveillance of communications by third
use by third parties, provision must be made in order that        parties are applied only subject to authorization by the
the parties concerned are informed via an appropriate              competent judiciary or administrative national authorities
procedure of such diffusion or storage before the diffusion        in conformity with national legislation .
or storage is initiated and for as long as it continues.
                                                                  2.     Member States shall ensure that the content of
                                                                  telephone calls must not be made accessible to third parties
                                                                  via technical devices, such as loudspeakers or other
                                                                  on-hook equipment, or be stored on tape for own use or
                                                                  use by third parties without the consent of the users
                                                                  concerned .
2.      Paragraph 1 does not apply in the cases covered by        3.     Paragraph (2) does not apply in cases covered by
Article 13 ( 1 ).                                                 Article 9 ( 1 ).
                          Article 16
1.      The telecommunications organization must ensure
that the telephone number as well as other personal data of
the subscriber, in particular concerning the quantity and
nature of his/her orders when using a teleshopping service
or concerning the information requested via a videotex
service, is stored only to the extent strictly necessary to
supply the service and is only used by the service provider
for purposes authorized by this subscriber.
2 . Subject to the provisions of Article 20 , the service
provider may not set up electronic profiles of the
subscribers or classifications of individual subscribers by
category, without their prior consent.
 ---pagebreak--- No C 200 / 16                          Official Journal of the European Communities                                   22 . 7 . 94
                     ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                          Article 17                                                        Article 13
                                                                                         Unsolicited calls
 1.   Subscribers    who    receive  unsolicited   calls for       1 . Notwithstanding the provisions of Directive . . ./
advertising purposes or for the purpose of offering the           . ./EC, on the protection of consumers in respect of
supply or provision of goods and services may notify              contracts negotiated at a distance (distance selling),
the telecommunications organization conveying such                Member States shall take appropriate measures to ensure
messages that they do Hot wish to receive these calls.            that unsolicited calls for promotional or advertising/
                                                                  research purposes are not allowed in respect of subscribers
                                                                  who do not wish to receive these calls .
2. The telecommunications organization must take the              2. The use of automatic call devices for transmitting
steps necessary to terminate the transmission of such             pre-recorded messages may only be used in respect of
messages to the subscribers concerned. Furthermore, the           subscribers who have given their consent.
telecommunications organization must keep a list of the
notifications in a form specified and available for
inspection by the regulatory authority, in order to prevent
such calls in future .
                                                                  3.    Paragraphs ( 1 ) and (2) apply accordingly to telefax
                                                                  messages .
                          Article 18                                                        Article 14
                                                                             Technical features and standardization
1 . In implementing the provisions of this Directive,             1 . In implementing the provisions of this Directive,
Member States shall ensure, subject to paragraphs (2) and         Member States shall ensure, subject to paragraphs (2) and
(3) of this Article, that no mandatory requirements for           (3) of this Article, that no mandatory requirements for
specific technical features are imposed on terminal or other      specific technical features are imposed on terminal or other
telecommunications equipment which could impede the              telecommunications equipment which could impede the
placing of equipment on the market and the free                  placing of equipment on the market and the free
circulation of such equipment in and between Member              circulation of such equipment in and between Member
States .                                                          States .
2. Where provisions can only be implemented by                   2 . Where provisions can only be implemented by
requiring specific technical features, Member States shall       requiring specific technical features, Member States shall
inform the Commission according to the procedures                inform the Commission according to the procedures
provided for by Council Directive 83 / 189/EEC (') which         provided for by Council Directive 83 / 189 /EEC (') which
lays down a procedure for the provision of information in        lays down a procedure for the provision of information in
the field of technical standards and regulations .               the field of technical standards and regulations.
3 . Where required, the Commission will ensure the                3.    Where required, the Commission will ensure the
drawing up of common European standards for the                  drawing up of common European standards for the
implementation of specific technical features, in                 implementation of specific technical features, in
accordance with Council Directive . . ., on the approxi­          accordance with Council Directive 91 /263 / EEC on the
mation of the laws of the Member States concerning               approximation of the laws of the Member States
telecommunications terminal equipment, including the             concerning telecommunications terminal equipment,
mutual recognition of their conformity, and Council              including the mutual recognition of their conformity (2),
Decision 87 /95 / EEC of 27 December 1986 on standard­           and Council Decision 87 /95 /EEC of 27 December 1986
ization in the field of information technology and               on standardization in the field of information technology
telecommunications (2).                                          and telecommunications (3).
O OJ No L 109, 26. 4. 1983 , p. 8 .                              O OJ No L 109, 26 . 4 . 1983 , p . 8 .
O OJ No L 36, 7. 2. 1987, p. 31 .                                O OJ No L 128 , 23 . 5 . 1991 , p. 1 .
                                                                 O OJ No L 36, 7 . 2 . 1987 , p . 31 .
 ---pagebreak--- 22.7.94                                   Official Journal of the European Communities                              No C 200 / 17
                      ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                            Article 19
 1 . The provisions of this Directive relating to the
telephone service shall be applied to other public digital
telecommunications services to the extent that these
services present similar risks for the privacy of the user.
2. The measures necessary for the implementation of
paragraph 1 shall be adopted by the Commission after
consultation of the Working Party referred to in Article 22
and in accordance with the procedure laid down in Article
23 .
                            Article 20
To the extent that the full achievement of the objectives of
this Directive requires the application of its provisions to
service providers other than telecommunications organiz­
ations, the Commission may adopt the measures necessary
for the application of this Directive to those service
providers after consultation of the Working Party referred
to in Article 22 and in accordance with the procedure laid
down in Article 23 .
                            Article 21                                                         Article 15
                                                                               Technical application and modification
The details of the application of this Directive and the            The details of the application of this Directive and the
modifications necessary to adapt this Directive to new               modifications necessary to adapt this Directive to new
technical developments shall be determined by the                   technical developments shall be determined by the
Commission in accordance with the procedure laid down                Commission in accordance with the procedure laid down
in Article 23 .                                                     in Article 18 .
                                                                                               Article 16
                                                                                    Judicial remedy and sanctions
                                                                     1 . Member States shall ensure that any individual has a
                                                                    judicial remedy if the rights guaranteed in this Directive
                                                                    are violated .
                                                                    2.     Each Member State shall make provision in its law
                                                                     for the application of dissuasive sanctions applicable to any
                                                                    person not complying with the national provisions taken
                                                                    pursuant to this Directive .
                            Article 22                                                         Article 1 7
                                                                    Working Party on the protection of individuals with regard
                                                                                  to the processing of personal data
1 . The Working Party on the protection of personal                  1 . The Working Party on the protection of individuals
data established according to Article 27 of Council                 with regard to the processing of personal data established
Directive . . . shall carry out the tasks laid down in Article      according to Article 31 of Directive . . ./. . ./EEC shall
28 of the abovementioned Directive also with regard to the          carry, out the tasks laid down in Article 32 of the
data protection measures which are the subject of this              abovementioned Directive also with regard to the data
Directive.                                                          protection measures which are the subject of this Directive.
2. The Working Party will be specifically constituted               2. The Working Party will be specifically constituted
for the purpose of this Directive.                                  for the purpose of this Directive.
 ---pagebreak--- No C 200 / 18                         Official Journal of the European Communities                                    22 . 7 . 94
                      ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
                           Article 23                                                      Article 18
                                                                                          Procedure
 1.   The procedure laid down in Article 30 of Council           1.    The Commission shall be assisted by the Committee
Directive . . . shall apply.                                     established by Article 34 of Directive . . ./. . ./EEC which
                                                                 for the purposes of this Directive will act according to the
                                                                 following procedure :
                                                                The representative of the Commission shall submit to the
                                                                 committee a draft of the measures to be taken, the
                                                                 Committee shall deliver its opinion on the draft within a
                                                                 time limit which the chairman may lay down according to
                                                                the urgency of the matter, if necessary by taking a vote.
                                                                The opinion shall be recorded in the minutes ; in addition
                                                                 each Member State shall have the right to ask to have its
                                                                position recorded in the minutes .
                                                                The Commission shall take the utmost account of the
                                                                opinion delivered by the committee. It shall inform the
                                                                committee of the manner in which its opinion has been
                                                                taken into account.
2.    The Committee established in the framework of that        2.     The Committee established in the framework of that
procedure will be constituted specifically for the purposes     procedure will be constituted specifically for the purposes
of this Directive .                                             of this Directive .
                           Article 24                                                     Article 19
                                                                              Implementation of the Directive
1 . The Member States shall bring into force the laws,           1 . The Member States shall bring into force the laws,
regulations, and administrative provisions necessary for        regulations, and administrative provisions necessary for
them to comply which this Directive by 1 January 1993 at        them to comply with this Directive one year after the
the latest.                                                     adoption of this Directive at the latest.
The provisions adopted pursuant to the first subparagraph       When Member States adopt these provisions, these shall
shall make express reference to this Directive.                 contain    a  reference   to   this  Directive    or shall     be
                                                                accompanied by such a reference at the time of their
                                                                official publication. The procedure for such reference shall
                                                                be adopted by Member States .
2.    The Member States shall communicate to the                2.     The Member States shall communicate to the
Commission the texts of the provisions of national law          Commission the texts of the provisions of national law
which they adopt in the field covered by this Directive.        which they adopt in the field governed by this Directive.
                           Article 25                                                     Article 20
                                                                                          Adressees
This Directive is addressed to the Member States .              This Directive is addressed to the Member States .