Recital 46a (new)

2 would add wording.

1. 472 +Addition Marina Kaljurand +8S&D · ITRE–LIBE “When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation…” numbered 46a

   (46a)When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights.

   Tabled by

   Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec

   Group

   S&D

   Targets

   Digital Omnibus proposal Recital 46a (new)

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 63–64

   Printed header

   Recital 46 a (new)

   Links

   Link to this amendment
   Cite this amendment

2. 473 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “The amendments are without prejudice to Article 25 of Regulation (EU) 2016/679: controllers should implement data protection by design and by…” numbered 46a

   (46a)The amendments are without prejudice to Article 25 of Regulation (EU) 2016/679: controllers should implement data protection by design and by default, embedding state-of-the-art privacy-preserving and privacy-enhancing techniques from the outset. The amendments are equally without prejudice to the security of processing (Article 32), the notification of a personal data breach to the supervisory authority (Article 33) and the communication of a personal data breach to the data subject (Article 34).

   Justification

   A safeguard clause preventing the simplifications from being read as an implicit weakening of the security and notification obligations, which the proposal does not amend.

   Tabled by

   Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay

   Group

   ECR, PfE

   Targets

   Digital Omnibus proposal Recital 46a (new)

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 64–65

   Printed header

   Recital 46 a (new)

   Links

   Link to this amendment
   Cite this amendment