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Malta Business Review<br />

EP/ONLINE<br />

FUNDAMENTAL RIGHTS /<br />

JUSTICE AND HOME AFFAIRS<br />

STRONGER PRIVACY RULES FOR<br />

ONLINE COMMUNICATIONS<br />

• EU privacy law to be updated to cover<br />

new communication tools<br />

• Stronger privacy rules for all new<br />

electronic tools<br />

• Ban on cookie walls blocking access to<br />

a website if no consent<br />

MEPS WANT TO STEP UP<br />

PROTECTION FOR CITIZENS USING<br />

TOOLS SUCH AS MESSENGER,<br />

WHATSAPP OR SKYPE, AND OTHER<br />

ELECTRONIC COMMUNICATION<br />

SERVICES.<br />

Draft proposals to ensure high standards<br />

of privacy, confidentiality and security in<br />

electronic communications across the<br />

EU were approved by the Civil Liberties<br />

Committee on Thursday. These would apply<br />

to SMS and telephone services, and would<br />

update the EU’s existing e-privacy rules to<br />

cover recently introduced internet-enabled<br />

services such as WhatsApp, Skype, Messenger<br />

and Facebook.<br />

The text, drafted by Marju Lauristin (S&D,<br />

ET) constitutes Parliament’s draft negotiating<br />

mandate for talks with the Council on the<br />

revision of the e-privacy rules. It was passed<br />

by 31 votes to 24, with one abstention.<br />

BANNING “COOKIE WALLS”<br />

MEPs call for a ban on “cookie walls”, which<br />

block access to a website if the person does<br />

not agree to his or her data being used by the<br />

same site.<br />

Snooping on personal devices via cookies or<br />

software updates, or tracking people without<br />

their clear approval through public hotspots<br />

or Wi-Fi in shopping centres, should also be<br />

prohibited, say MEPs.<br />

“Privacy by default” settings should become<br />

standard for all software used for electronic<br />

communications and service providers must<br />

provide for strong encryption, they add.<br />

Consent always needed for any use of<br />

personal data<br />

MEPs want to set strict limits on data<br />

processing and insist that data should only be<br />

used for the purpose of which consent has<br />

been given by the individual.<br />

So-called “meta-data”, which can give<br />

information about numbers called, websites<br />

visited, geographical location or the time and<br />

date a call and other sensitive data, should be<br />

treated as confidential and never passed on<br />

to third parties.<br />

QUOTE<br />

Parliament’s lead MEP Marju Lauristin<br />

(S&D, ET) said: “E-privacy can give a great<br />

competitive advantage to European<br />

companies and help them to create a real<br />

European model for digital economy, with<br />

high quality services, consumer trust and free<br />

choice”.<br />

“E-privacy can give a great<br />

competitive advantage to<br />

European companies and help<br />

them to create a real European<br />

model for digital economy, with<br />

high quality services, consumer<br />

trust and free choice”.<br />

NEXT STEPS<br />

The full Parliament will be asked at its plenary<br />

session in Strasbourg next week to formally<br />

confirm the committee decision to enter<br />

into negotiations with the Council. But the<br />

Council must agree on its own negotiating<br />

mandate before talks can start.<br />

QUICK FACTS<br />

The current directive on privacy in the<br />

electronic communication sector was last<br />

updated in 2009. The proposal for a revision,<br />

presented by the Commission on 10 January<br />

2017, replaces the directive with a regulation<br />

and brings the rules into line with the General<br />

Data Protection Regulation (GDPR), which will<br />

become applicable in May 2018.<br />

EU e-privacy rules aim to ensure the<br />

fundamental right to privacy and protection<br />

of personal data as enshrined in the Treaties.<br />

Creditline: Rikke Uldall, EP Press Service & EP,<br />

Malta<br />

<strong>MBR</strong><br />

46

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