ePrivacy Directive · Directive 2002/58/EC
Article 6
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 1 part · 0 Council drafts · 3 Parliament amendments
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Remove proposed wording Amendment 268 · Ton Diepeveen, Pascale Piera JURI
New operation deleting existing wording Amendment 1731 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
new Parliament proposal instruction expressly deletes existing law
Article 6 is deleted.
Justification
This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.
against:
Article 6
Traffic data
- 1.
Traffic data relating to subscribers and users processed and stored by the provider of a public communications network or publicly available electronic communications service must be erased or made anonymous when it is no longer needed for the purpose of the transmission of a communication without prejudice to paragraphs 2, 3 and 5 of this Article and Article 15(1). - 2.
Traffic data necessary for the purposes of subscriber billing and interconnection payments may be processed. Such processing is permissible only up to the end of the period during which the bill may lawfully be challenged or payment pursued. - 3.
For the purpose of marketing electronic communications services or for the provision of value added services, the provider of a publicly available electronic communications service may process the data referred to in paragraph 1 to the extent and for the duration necessary for such services or marketing, if the subscriber or user to whom the data relate has given his or her prior consent. Users or subscribers shall be given the possibility to withdraw their consent for the processing of traffic data at any time. - 4.
The service provider must inform the subscriber or user of the types of traffic data which are processed and of the duration of such processing for the purposes mentioned in paragraph 2 and, prior to obtaining consent, for the purposes mentioned in paragraph 3. - 5.
Processing of traffic data, in accordance with paragraphs 1, 2, 3 and 4, must be restricted to persons acting under the authority of providers of the public communications networks and publicly available electronic communications services handling billing or traffic management, customer enquiries, fraud detection, marketing electronic communications services or providing a value added service, and must be restricted to what is necessary for the purposes of such activities. - 6.
Paragraphs 1, 2, 3 and 5 shall apply without prejudice to the possibility for competent bodies to be informed of traffic data in conformity with applicable legislation with a view to settling disputes, in particular interconnection or billing disputes.
New operation deleting existing wording Amendment 1732 · Axel Voss, Oliver Schenk ITRE · LIBE
new Parliament proposal instruction expressly deletes existing law
Article 6 is deleted.
Justification
The AM removes overlapping ePrivacy rules on security, terminal access, metadata, location data and direct marketing where personal-data processing is already governed by the GDPR. Keeping parallel regimes creates consent fatigue, divergent national transpositions and legal uncertainty, including stricter rules for some anonymous device data than for personal data. Consolidation under the GDPR’s risk-based framework simplifies compliance, strengthens coherent rights exercise, supports innovation and preserves sector-specific rules in dedicated instruments.
against:
Article 6
Traffic data
- 1.
Traffic data relating to subscribers and users processed and stored by the provider of a public communications network or publicly available electronic communications service must be erased or made anonymous when it is no longer needed for the purpose of the transmission of a communication without prejudice to paragraphs 2, 3 and 5 of this Article and Article 15(1). - 2.
Traffic data necessary for the purposes of subscriber billing and interconnection payments may be processed. Such processing is permissible only up to the end of the period during which the bill may lawfully be challenged or payment pursued. - 3.
For the purpose of marketing electronic communications services or for the provision of value added services, the provider of a publicly available electronic communications service may process the data referred to in paragraph 1 to the extent and for the duration necessary for such services or marketing, if the subscriber or user to whom the data relate has given his or her prior consent. Users or subscribers shall be given the possibility to withdraw their consent for the processing of traffic data at any time. - 4.
The service provider must inform the subscriber or user of the types of traffic data which are processed and of the duration of such processing for the purposes mentioned in paragraph 2 and, prior to obtaining consent, for the purposes mentioned in paragraph 3. - 5.
Processing of traffic data, in accordance with paragraphs 1, 2, 3 and 4, must be restricted to persons acting under the authority of providers of the public communications networks and publicly available electronic communications services handling billing or traffic management, customer enquiries, fraud detection, marketing electronic communications services or providing a value added service, and must be restricted to what is necessary for the purposes of such activities. - 6.
Paragraphs 1, 2, 3 and 5 shall apply without prejudice to the possibility for competent bodies to be informed of traffic data in conformity with applicable legislation with a view to settling disputes, in particular interconnection or billing disputes.
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Article 6
Wording reproduced in the amendment → Amendment 268 · JURI amendments 69–296 to the draft opinion: removal
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Wording reproduced in the amendment
Amendment 268 · JURI amendments 69–296 to the draft opinion: removal
This wording is removed.