Proposal for a Regulation on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online

Author (Corporate)
Series Details COM (2020) 568
Publication Date 10/09/2020
Content Type , ,

Summary:

Legislative initiative tabled by the European Commission on 10 September 2020, introducing a temporary derogation from certain provisions of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector.

Further information:

Directive 2002/58/EC - also known as Directive on Privacy and Electronic Communications (ePrivacy) - ensures the protection of private life, confidentiality of communications and personal data in the electronic communications sector. The definition of electronic communications services is to be replaced by the entry into application of the European Electronic Communications Code (EECC), to include number-independent interpersonal communications services. These are to be covered by the ePrivacy Directive, which relies on the definition of the EECC.

The providers must comply with the ePrivacy Directive’s obligation to respect the confidentiality of communications and with the conditions for processing communications data. The existing practices of some number-independent interpersonal communications services to detect child sexual abuse online could interfere with certain provisions of the ePrivacy Directive.

This proposal presents a narrow and targeted legislative interim solution with the sole objective of creating a temporary and strictly limited derogation from the applicability of Articles 5(1) and 6 of the ePrivacy Directive, which protect the confidentiality of communications and traffic data. This Regulation should cease to apply in December 2025. In case the announced long-term legislation is adopted and enters into force prior to this date, that legislation should repeal the present Regulation.

Member State representatives adopted a Council negotiating position on 28 October, followed by the European Parliament's relevant committee on 7 December and confirmed by plenary on 16 December. An informal agreement between the co-legislators on a compromise text for this draft law was reached on 29 April 2021.

Source Link https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2020:568:FIN
Related Link(s)
Commentary and Analysis
EPRS: Study, February 2021: Commission proposal on the temporary derogation from the e-Privacy Directive for the purpose of fighting online child sexual abuse. Targeted substitute impact assessment https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_STU(2021)662598

News
EurActiv, 23/02/2021: Portugal wants deal on EU privacy law to combat online child sex abuse https://www.euractiv.com/section/digital/news/portugal-wants-deal-on-eu-privacy-law-to-combat-online-child-sex-abuse/

Official
European Parliament: Legislative Observatory: Procedure File for Proposal on Use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online (temporary derogation from certain provisions of Directive 2002/58/EC) (2020/0259(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2020/0259(COD)
European Parliament: Legislative Train Schedule: Proposal for Regulation on a Temporary Derogation from certain provisions of the e-Privacy Directive for the purpose of combating child sexual abuse online https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-temporary-derogation-from-the-e-privacy-directive-for-ott-services
Council of the European Union: Press Release, 28/10/2020: Combating child abuse online – Council ready to negotiate a temporary measure https://www.consilium.europa.eu/en/press/press-releases/2020/10/28/combating-child-abuse-online-council-ready-to-negotiate-a-temporary-measure/
Council of the European Union: Press Release, 29/04/2021: Combating child abuse online – informal deal with European Parliament on temporary rules https://www.consilium.europa.eu/en/press/press-releases/2021/04/29/combating-child-abuse-online-informal-deal-with-european-parliament-on-temporary-rules/

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