2002/58/EC/THIRD READING TARGET/Amendments
From EU-wiki
Contents |
Amendment 1
The paragrapg 4.1.a shall be - deleted -
Justification: This text adds nothing to the consumer protection offered by the Directive and attempts to micromanage national authority activities and take over the role of the Article 29 Working Group. As a result, this text clearly runs counter to the principle of subsidiarity.
Amendment 2
Amending Article 4.3, third pargraph
The word effectively shall be added in art 4.3.
Justification: The existing text appears to imply the use of unbreakable security, which is clearly impossible and therefore unenforceable. The addition of the word "effectively" will allow national data protection authorities and the Article 29 Working Group the opportunity to establish sufficiently high thresholds to ensure consistent protection to personal data.
Amendment 3
The word involve shall be replaced with consult with.
Justification: The word "involved" is unclear in this context and appears to mean "consulted".
Amendment 4
The words has given his or her consent, having been shall be replaced with is
Justification: The definition of "call" has been deleted in this Directive, rendering this text unclear. The entire telecoms package is based on "technology neutrality", so it makes sense to technologically "neutralise" this paragraph. This would imply deletion of the corresponding recital that attempts to extend the scope of this article in a technologically specific way, but which still fails to cover, for example, instant messaging and converged multi-platform communications such as IM to SMS, SMS to IM, VoIP to PSTN, etc.
