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Digital Omnibus tracker

Digital Omnibus proposal

Recital 44a

Compare the available Commission, Council and Parliament texts and amendments affecting this recital.

Recital total: 1 part · 3 Council drafts · 1 Parliament amendment

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

The wording proposed by the Commission at the start of this legislative file.

No standalone Commission wording is mapped to these tracked parts. A newly proposed provision may have no earlier text of its own.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Recital 44a

June Presidency compromise · 10 June

The storing of information, or the gaining of access to information already stored, in a terminal equipment should continue to be allowed only on the basis of consent.

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Additional proposed wording Amendment 457 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(44a)

Information relating to other natural persons stored in the terminal equipment of a user or subscriber, such as contact details, constitutes personal data of those persons. Consent given by the user or subscriber to the storing of, or access to, such information does not constitute consent by the natural persons to whom that information relates, nor a legal basis for any further processing of their personal data. Such information should not be transmitted to third parties, nor used for purposes other than those strictly necessary for the service explicitly requested by the user or subscriber. This confirms the confidentiality of communications protected by Directive 2002/58/EC, which extends to the identity of the persons with whom a user communicates.

Justification

Address books are the personal data of persons who have never consented to anything. Their systematic upload for the purpose of building social graphs or enriching profiles has no legal basis.