Number: 11

Date: 22/03/2018

Title:

Update proposals concerning the EU’s draft “E-Privacy” regulation shared.


The Presidency of European Council presented the text prepared for the Draft Regulation on Electronic Communication and Privacy ("Draft") for the WP TELE meeting to the attention of delegates.  

Proposed changes have been formed in order to set up connection with General Data Privacy Regulation ("GDPR"), remove doubts about the transfer, storage and deletion of electronic communication data, clarify the use of support services, arrange machine-to-machine communications in terms of electronic communication and confidentiality, to clarify the controversial points in Article 1 (3), 13, 14 and recital 9 and 2a.

In addition to that, the Presidency demanded the member countries to share their opinions, members that proposed amendment of Article 6 (2) to declare the amendment proposal within the text published. The aforementioned feedbacks will be examined within the context of data protection and privacy as per the European Convention on Human Rights and the European Court of Justice and GDPR. 

The concerning text draws attention to the matters provided below:

- Regarding (2aa) and (2a), the Presidency felt the need to regulate the relationship between the Regulation and GDPR. By removing the electronic communication phrase in Recital 2a and Article 1, it is indicated that this Regulation covers not only electronic communication data but also different personal data types.

- Through the amendment in Recital 8, it’s indicated that the processing of electronic communication data by different end users with different purposes such as providing network or information security is not within the scope of this Regulation.

- As per Recital 11, transactions within the scope of support services usage are also indicated among the context of this Regulation and inter personal communication services are arranged.

- The Regulation requiring the prohibition of communication data termination during the transition of them existing in the Recital 15 has been repealed.

- Since the Recital 15 (a) refers to the GDPR in terms of data deletion and anonymization, removing the last sentences of articles 7(1) and 7(2) is proposed.

- The latest Recital 19 has been added following the suggestions regarding the one-off consent to be obtained within the scope of machine to machine communication, from some delegates.

- Recitals 28 and 29 contains some arrangements aimed at ensuring compliance with the amendments proposed in articles 13 and 14.

- Cancellation of the Article 5 (2) has been proposed by taking into account that the Regulation contains references to the definitions within European Electronic Communication Act.

The Presidency will be receiving the opinions of delegates on the matters mentioned above at the meeting on 13 March and also accept the written amendment suggestions and comments within the scope of articles 18 and 29 until the end of March.


Our explanations provided above include general information on the issue. No responsibility can be claimed against EY and/or Kuzey YMM ve Bağımsız Denetim A.Ş. due to the implications arising from the context of this document or emerging with respect to its context.
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