Text · Amendment list
Laying down rules to prevent and combat child sexual abuse
Document LIBE-AM-749190 · COM(2022)0209 – C9-0174/2022 – 2022/0155(COD)
- Kind
- Amendment list LIBE-AM-749190
- Date
- 28 July 2023
- Committee
- Committee on Civil Liberties, Justice and Home Affairs
- Dossier
- 2022-0155
More facts (2)
- Formats
- Official page PDF Word
- Reference
- COM(2022)0209 – C9-0174/2022 – 2022/0155(COD)
Text
The text as parsed from the official Word file. Every paragraph has a link (¶) and can be saved to a project as a passage.
Jump to an amendment (379)
- Amendment 954
- Amendment 955
- Amendment 956
- Amendment 957
- Amendment 958
- Amendment 959
- Amendment 960
- Amendment 961
- Amendment 962
- Amendment 963
- Amendment 964
- Amendment 965
- Amendment 966
- Amendment 967
- Amendment 968
- Amendment 969
- Amendment 970
- Amendment 971
- Amendment 972
- Amendment 973
- Amendment 974
- Amendment 975
- Amendment 976
- Amendment 977
- Amendment 978
- Amendment 979
- Amendment 980
- Amendment 981
- Amendment 982
- Amendment 983
- Amendment 984
- Amendment 985
- Amendment 986
- Amendment 987
- Amendment 988
- Amendment 989
- Amendment 990
- Amendment 991
- Amendment 992
- Amendment 993
- Amendment 994
- Amendment 995
- Amendment 996
- Amendment 997
- Amendment 998
- Amendment 999
- Amendment 1000
- Amendment 1001
- Amendment 1002
- Amendment 1003
- Amendment 1004
- Amendment 1005
- Amendment 1006
- Amendment 1007
- Amendment 1008
- Amendment 1009
- Amendment 1010
- Amendment 1011
- Amendment 1012
- Amendment 1013
- Amendment 1014
- Amendment 1015
- Amendment 1016
- Amendment 1017
- Amendment 1018
- Amendment 1019
- Amendment 1020
- Amendment 1021
- Amendment 1022
- Amendment 1023
- Amendment 1024
- Amendment 1025
- Amendment 1026
- Amendment 1027
- Amendment 1028
- Amendment 1029
- Amendment 1030
- Amendment 1031
- Amendment 1032
- Amendment 1033
- Amendment 1034
- Amendment 1035
- Amendment 1036
- Amendment 1037
- Amendment 1038
- Amendment 1039
- Amendment 1040
- Amendment 1041
- Amendment 1042
- Amendment 1043
- Amendment 1044
- Amendment 1045
- Amendment 1046
- Amendment 1047
- Amendment 1048
- Amendment 1049
- Amendment 1050
- Amendment 1051
- Amendment 1052
- Amendment 1053
- Amendment 1054
- Amendment 1055
- Amendment 1056
- Amendment 1057
- Amendment 1058
- Amendment 1059
- Amendment 1060
- Amendment 1061
- Amendment 1062
- Amendment 1063
- Amendment 1064
- Amendment 1065
- Amendment 1066
- Amendment 1067
- Amendment 1068
- Amendment 1069
- Amendment 1070
- Amendment 1071
- Amendment 1072
- Amendment 1073
- Amendment 1074
- Amendment 1075
- Amendment 1076
- Amendment 1077
- Amendment 1078
- Amendment 1079
- Amendment 1080
- Amendment 1081
- Amendment 1082
- Amendment 1083
- Amendment 1084
- Amendment 1085
- Amendment 1086
- Amendment 1087
- Amendment 1088
- Amendment 1089
- Amendment 1090
- Amendment 1091
- Amendment 1092
- Amendment 1093
- Amendment 1094
- Amendment 1095
- Amendment 1096
- Amendment 1097
- Amendment 1098
- Amendment 1099
- Amendment 1100
- Amendment 1101
- Amendment 1102
- Amendment 1103
- Amendment 1104
- Amendment 1105
- Amendment 1106
- Amendment 1107
- Amendment 1108
- Amendment 1109
- Amendment 1110
- Amendment 1111
- Amendment 1112
- Amendment 1113
- Amendment 1114
- Amendment 1115
- Amendment 1116
- Amendment 1117
- Amendment 1118
- Amendment 1119
- Amendment 1120
- Amendment 1121
- Amendment 1122
- Amendment 1123
- Amendment 1124
- Amendment 1125
- Amendment 1126
- Amendment 1127
- Amendment 1128
- Amendment 1129
- Amendment 1130
- Amendment 1131
- Amendment 1132
- Amendment 1133
- Amendment 1134
- Amendment 1135
- Amendment 1136
- Amendment 1137
- Amendment 1138
- Amendment 1139
- Amendment 1140
- Amendment 1141
- Amendment 1142
- Amendment 1143
- Amendment 1144
- Amendment 1145
- Amendment 1146
- Amendment 1147
- Amendment 1148
- Amendment 1149
- Amendment 1150
- Amendment 1151
- Amendment 1152
- Amendment 1153
- Amendment 1154
- Amendment 1155
- Amendment 1156
- Amendment 1157
- Amendment 1158
- Amendment 1159
- Amendment 1160
- Amendment 1161
- Amendment 1162
- Amendment 1163
- Amendment 1164
- Amendment 1165
- Amendment 1166
- Amendment 1167
- Amendment 1168
- Amendment 1169
- Amendment 1170
- Amendment 1171
- Amendment 1172
- Amendment 1173
- Amendment 1174
- Amendment 1175
- Amendment 1176
- Amendment 1177
- Amendment 1178
- Amendment 1179
- Amendment 1180
- Amendment 1181
- Amendment 1182
- Amendment 1183
- Amendment 1184
- Amendment 1185
- Amendment 1186
- Amendment 1187
- Amendment 1188
- Amendment 1189
- Amendment 1190
- Amendment 1191
- Amendment 1192
- Amendment 1193
- Amendment 1194
- Amendment 1195
- Amendment 1196
- Amendment 1197
- Amendment 1198
- Amendment 1199
- Amendment 1200
- Amendment 1201
- Amendment 1202
- Amendment 1203
- Amendment 1204
- Amendment 1205
- Amendment 1206
- Amendment 1207
- Amendment 1208
- Amendment 1209
- Amendment 1210
- Amendment 1211
- Amendment 1212
- Amendment 1213
- Amendment 1214
- Amendment 1215
- Amendment 1216
- Amendment 1217
- Amendment 1218
- Amendment 1219
- Amendment 1220
- Amendment 1221
- Amendment 1222
- Amendment 1223
- Amendment 1224
- Amendment 1225
- Amendment 1226
- Amendment 1227
- Amendment 1228
- Amendment 1229
- Amendment 1230
- Amendment 1231
- Amendment 1232
- Amendment 1233
- Amendment 1234
- Amendment 1235
- Amendment 1236
- Amendment 1237
- Amendment 1238
- Amendment 1239
- Amendment 1240
- Amendment 1241
- Amendment 1242
- Amendment 1243
- Amendment 1244
- Amendment 1245
- Amendment 1246
- Amendment 1247
- Amendment 1248
- Amendment 1249
- Amendment 1250
- Amendment 1251
- Amendment 1252
- Amendment 1253
- Amendment 1254
- Amendment 1255
- Amendment 1256
- Amendment 1257
- Amendment 1258
- Amendment 1259
- Amendment 1260
- Amendment 1261
- Amendment 1262
- Amendment 1263
- Amendment 1264
- Amendment 1265
- Amendment 1266
- Amendment 1267
- Amendment 1268
- Amendment 1269
- Amendment 1270
- Amendment 1271
- Amendment 1272
- Amendment 1273
- Amendment 1274
- Amendment 1275
- Amendment 1276
- Amendment 1277
- Amendment 1278
- Amendment 1279
- Amendment 1280
- Amendment 1281
- Amendment 1282
- Amendment 1283
- Amendment 1284
- Amendment 1285
- Amendment 1286
- Amendment 1287
- Amendment 1288
- Amendment 1289
- Amendment 1290
- Amendment 1291
- Amendment 1292
- Amendment 1293
- Amendment 1294
- Amendment 1295
- Amendment 1296
- Amendment 1297
- Amendment 1298
- Amendment 1299
- Amendment 1300
- Amendment 1301
- Amendment 1302
- Amendment 1303
- Amendment 1304
- Amendment 1305
- Amendment 1306
- Amendment 1307
- Amendment 1308
- Amendment 1309
- Amendment 1310
- Amendment 1311
- Amendment 1312
- Amendment 1313
- Amendment 1314
- Amendment 1315
- Amendment 1316
- Amendment 1317
- Amendment 1318
- Amendment 1319
- Amendment 1320
- Amendment 1321
- Amendment 1322
- Amendment 1323
- Amendment 1324
- Amendment 1325
- Amendment 1326
- Amendment 1327
- Amendment 1328
- Amendment 1329
- Amendment 1330
- Amendment 1331
- Amendment 1332
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met: | Based on a reasoned justification, the Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority shall issue the detection order where it considers that the following conditions are met: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; | (a) there is clear evidence of a systemic risk that the service is being used for the purpose of online child sexual abuse, |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; | (a) there is evidence amounting to a reasonable suspicion of the service being used for the purpose of disseminating or receiving child sexual abuse material by one or more users, within the meaning of paragraphs 5, 6 and 7, as applicable; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; | (a) there is substantive evidence demonstrating a reasonable suspicion that individual accounts or groups of accounts are being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; | (a) there is substantive evidence amounting to reasonable suspicion that individual accounts or groups of accounts are being used for the purpose of child sexual abuse online, within the meaning of paragraphs 5, 6 and 7, as applicable; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; | (a) there is evidence of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; |
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) the actual or potential implications for the rights and legitimate interests of all parties concerned, including the possible failure of the measures to respect the fundamental rights enshrined in the Charter; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties. | (b) issuing the detection order is necessary and proportionate and outweighs negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties. | (b) the reasons for issuing the detection warrant outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) the provider has failed to take all reasonable and proportionate mitigation measures within the meaning of Article 4 to prevent and minimise the risk of the service being used for the purpose of online child sexual abuse; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) The detection warrant does not affect the security and confidentiality of communications on a general scale. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) The detection order does not affect the security and confidentiality of communications on a general scale; |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) The technology used to protect the communication, such as any kind of encryption, shall not be affected or undermined by the detection warrant. |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) The technology used to protect the communication, such as any kind of encryption, shall not be affected or undermined by the detection order; |
| Text proposed by the Commission | Amendment |
|---|---|
| (bc) All measures outlined in articles 3, 4 and 5 have been exhausted. |
The goal of this amendment is to make sure that the process of issuing a detection order is subject to appropriate and actionable safeguards and does not put users’ communication or providers’ technologies at risks. In particular, an order shall only be issued if it does not impact the security and confidentiality of communications.
| Text proposed by the Commission | Amendment |
|---|---|
| (bd) Nothing in the order can be construed as requiring or encouraging the provider to weaken, break, circumvent or otherwise undermine or limit the encryption, security, or other means of protecting the confidentiality of communications, of the platform or service of the provider. |
| Text proposed by the Commission | Amendment |
|---|---|
| When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, in particular: | deleted |
| (a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable; | |
| (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; | |
| (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; | |
| (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3. |
| Text proposed by the Commission | Amendment |
|---|---|
| When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, in particular: | deleted |
| (a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable; | |
| (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; | |
| (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; | |
| (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3. |
| Text proposed by the Commission | Amendment |
|---|---|
| When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, in particular: | deleted |
| (a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable; | |
| (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; | |
| (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; | |
| (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3. |
| Text proposed by the Commission | Amendment |
|---|---|
| (-a) the availability of information to adequately describe the specific purpose and scope of the order, including the legal basis for the suspicion; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) whether or not the prosecution or judge would have sufficient information to issue the warrant with instructions describing the specific purpose and scope regarding the envisaged technologies to execute the warrant, including the basis upon which the individuals concerned are suspects within the meaning of Union or national law; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; | (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection warrant for all other parties affected; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; | (c) the views, including on the technical feasibility, and the implementation plan of the provider submitted in accordance with paragraph 3; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3. | (d) the opinions of the data protection authority submitted in accordance with paragraph 3 and, where applicable, the opinion of the Coordinating Authority issued in accordance with Article 5, paragraph 4b. |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3. | (d) the opinion of the data protection authority submitted in accordance with paragraph 3. |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation. | As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the the data protection authority, it shall inform the data protection authority thereof, specifying the points at which it deviated and the main reasons for the deviation. |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation. | Where that Coordinating Authority substantially deviates from the opinion of the data protection authorities, it shall inform the data protection authorities and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. As regards detection orders concerning the dissemination of known child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. As regards detection orders concerning the dissemination of known child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. As regards detection orders concerning the dissemination of known child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. As regards detection orders concerning the dissemination of known child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. As regards detection orders concerning the dissemination of known child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. As regards detection orders concerning the dissemination of known child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. As regards detection orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (c) for services other than those enabling the live transmission of pornographic performances as defined in Article 2, point (e), of Directive 2011/93/EU: | |
| (1) a detection order concerning the dissemination of known child sexual abuse material has been issued in respect of the service; | |
| (2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. As regards detection orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (c) for services other than those enabling the live transmission of pornographic performances as defined in Article 2, point (e), of Directive 2011/93/EU: | |
| (1) a detection order concerning the dissemination of known child sexual abuse material has been issued in respect of the service; | |
| (2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. As regards detection orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (c) for services other than those enabling the live transmission of pornographic performances as defined in Article 2, point (e), of Directive 2011/93/EU: | |
| (1) a detection order concerning the dissemination of known child sexual abuse material has been issued in respect of the service; | |
| (2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. As regards detection orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (c) for services other than those enabling the live transmission of pornographic performances as defined in Article 2, point (e), of Directive 2011/93/EU: | |
| (1) a detection order concerning the dissemination of known child sexual abuse material has been issued in respect of the service; | |
| (2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. As regards detection orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (c) for services other than those enabling the live transmission of pornographic performances as defined in Article 2, point (e), of Directive 2011/93/EU: | |
| (1) a detection order concerning the dissemination of known child sexual abuse material has been issued in respect of the service; | |
| (2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. As regards detection orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material; | |
| (c) for services other than those enabling the live transmission of pornographic performances as defined in Article 2, point (e), of Directive 2011/93/EU: | |
| (1) a detection order concerning the dissemination of known child sexual abuse material has been issued in respect of the service; | |
| (2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) the provider qualifies as a provider of interpersonal communication services; | |
| (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; | |
| (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children. | |
| The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) the provider qualifies as a provider of interpersonal communication services; | |
| (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; | |
| (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children. | |
| The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) the provider qualifies as a provider of interpersonal communication services; | |
| (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; | |
| (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children. | |
| The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) the provider qualifies as a provider of interpersonal communication services; | |
| (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; | |
| (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children. | |
| The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user. |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) the provider qualifies as a provider of interpersonal communication services; | |
| (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; | |
| (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children. |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) the provider qualifies as a provider of interpersonal communication services; | |
| (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; | |
| (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children. |
Implementing the Commission's proposed text would constitute a broad based invasion of privacy and require AI technology that currently is not available.
| Text proposed by the Commission | Amendment |
|---|---|
| As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: | deleted |
| (a) the provider qualifies as a provider of interpersonal communication services; | |
| (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; | |
| (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children. |
| Text proposed by the Commission | Amendment |
|---|---|
| The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user. | The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user and the other one an adult. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. | deleted |
| To that aim, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. | |
| In particular, they shall ensure that: | |
| (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; | |
| (b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for; | |
| (c) subject to paragraph 9, the period of application remains limited to what is strictly necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. | deleted |
| To that aim, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. | |
| In particular, they shall ensure that: | |
| (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; | |
| (b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for; | |
| (c) subject to paragraph 9, the period of application remains limited to what is strictly necessary. |
Sara Skyttedal, David Lega, Andrey Kovatchev, Tomáš Zdechovský, Stefan Berger, Christian Doleschal, Helmut Geuking, Ivan Štefanec, Peter Pollák, Johan Nissinen, Tomas Tobé, Jessica Polfjärd, Jörgen Warborn, Arba Kokalari, Karen Melchior
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. | The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall, in accordance with Article 8 of Regulation (EU) 2022/2065, target and specify it in such a manner that the negative consequences referred to in paragraph 2 remain limited to what is strictly necessary, justifiable and proportionate to effectively address the significant risk referred to in point (a) thereof, and limit the detection order to an identifiable part or component of a service, such as a specific channel of communication or a specific group of users identified with particularity for which the significant risk has been identified. In accordance with Article 6a, no such detection order shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications. |
Detection orders must be justified, proportionate, targeted and limited in time, as well as related to an identifiable part of the specific service, users or group of users, in order to limit the encroachment on fundamental rights such as the right to privacy.
Sven Simon, Christian Doleschal, Niclas Herbst, Sara Skyttedal, Jessica Polfjärd, Tomas Tobé, Arba Kokalari
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. | The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or authority when issuing the targeted detection order, shall target and specify it in such a manner effective and proportionate with regards to the applicable standards of criminal law. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. | The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall in accordance with Article 8 of Regulation (EU) 2022/2065 target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary, justifiable and proportionate to effectively address the reasonable suspicion referred to in point (a) thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. | The Coordinating Authority of establishment when requesting the judicial validation and issuance of detection orders, and the competent judicial authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary and proportionate to obtain the information required to effectively investigate the case, and collect the information required to assess the existence of a criminal offence. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. | The Coordinating Authority of establishment when requesting the issuance of detection orders, and a court of law when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. | The Coordinating Authority of establishment when requesting the issuance of detection warrant, and the competent judicial when issuing the detection warrant, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the reasonable suspicion referred to in point (a) thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| To that aim, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. | To that aim, they shall take into account all relevant parameters, including: |
| (i) the availability of sufficiently reliable detection technologies in that they can be deployed without undermining the security of the service in question and they limit to the maximum extent possible the rate of errors regarding the detection; | |
| (ii) the suitability and effectiveness of the available technologies for achieving the objectives of this Regulation; | |
| (iii) the impact of the measures on the rights of the users affected, thereby ensuring that detection orders are only requested and issued when sufficiently reliable technologies in accordance with point (i) are available and that the least intrusive measures are chosen, in accordance with Article 10, from among several equally effective measures. |
| Text proposed by the Commission | Amendment |
|---|---|
| To that aim, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. | To that aim, they shall take into account all relevant parameters, including the technical feasability, availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, in particular the risk of inaccurately identifying lawful speech as illegal content, as well as the impact of the measures on the rights of the users affected and on the security, integrity and confidentiality of their communications, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. To this end, they shall ensure technologies are able to distinguish between known child abuse material and lawful speech accurately enough that no human intervention is needed. |
Javier Moreno Sánchez, Juan Fernando López Aguilar, Domènec Ruiz Devesa, Pietro Bartolo, Hilde Vautmans, Antonio López-Istúriz White, Milan Brglez, Heléne Fritzon, Estrella Durá Ferrandis, Evin Incir, Carina Ohlsson, Caterina Chinnici, Cyrus Engerer
| Text proposed by the Commission | Amendment |
|---|---|
| To that aim, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. | To that aim, they shall take into account all relevant parameters, including: |
| (i) the availability of sufficiently reliable detection technologies in that they can be deployed without undermining the security of the service in question and they limit to the maximum extent possible the rate of errors regarding the detection; | |
| (ii) the suitability and effectiveness of the available technologies for achieving the objectives of this Regulation; | |
| (iii) the impact of the measures on the rights of the users affected, thereby ensuring that detection orders are only requested and issued when sufficiently reliable technologies in accordance with point (i) are available and that the least intrusive measures are chosen, in accordance with Article 10, from among several equally effective measures. |
| Text proposed by the Commission | Amendment |
|---|---|
| To that aim, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. | To that aim, they shall take into account all relevant parameters, including the technical feasibility, availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, including their likelihood to inaccurately detect lawful speech as illegal content, as well as the impact of the measures on the rights of the users affected and on the security, integrity and confidentiality of their communications, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. |
| Text proposed by the Commission | Amendment |
|---|---|
| To that aim, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. | To that end, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, including their likelihood to inaccurately detect lawful speech as illegal content, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. Methods used to detect child sexual abuse material shall be able to distinguish between lawful and unlawful content without the need for any independent human assessment. |
| Text proposed by the Commission | Amendment |
|---|---|
| In particular, they shall ensure that: | deleted |
| (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; | |
| (b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for; | |
| (c) subject to paragraph 9, the period of application remains limited to what is strictly necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| In particular, they shall ensure that: | deleted |
| (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; | |
| (b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for; | |
| (c) subject to paragraph 9, the period of application remains limited to what is strictly necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; | (a) where the information gathered in the risk assessment process indicates that that risk is limited to an identifiable part or component of a service where possible without prejudice to the effectiveness of the measure, the required measures are only applied in respect of that part or component; |
Javier Moreno Sánchez, Juan Fernando López Aguilar, Domènec Ruiz Devesa, Pietro Bartolo, Hilde Vautmans, Antonio López-Istúriz White, Milan Brglez, Heléne Fritzon, Estrella Durá Ferrandis, Evin Incir, Carina Ohlsson, Caterina Chinnici, Cyrus Engerer
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; | (a) where the information gathered in the risk assessment process indicates that risk is limited to an identifiable part or component of a service, where possible without prejudice to the effectiveness of the measure, the required measures are only applied in respect of that part or component; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; | (a) where the suspicion is limited to a discrete part or component of a service, the required measures are only applied in respect of the uploads and communications of the suspects via that part or component; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for; | (b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4) and (5) are provided for; |
| Text proposed by the Commission | Amendment |
|---|---|
| 9. The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date. | deleted |
| The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection order. It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date. | |
| The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 months. |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date. | The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date, within which the providers of hosting services and providers of interpersonal communications services shall prove that their service is no longer misused for child sexual abuse and their specific service provided no longer poses a risk for child sexual abuse; |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date. | A court of law shall specify in the detection order the period during which it applies, indicating the start date and the end date. |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date. | The competent judicial authority or independent administrative authority shall specify in the targeted detection order the period during which it applies, indicating the start date and the end date. |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date. | The competent judicial authority shall specify in the detection order the period during which it applies, indicating the start date and the end date. |
| Text proposed by the Commission | Amendment |
|---|---|
| The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection order. It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date. | The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection order. |
| Text proposed by the Commission | Amendment |
|---|---|
| The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection order. It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date. | The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the targeted detection order. It shall not be earlier than three months from the date at which the provider received the targeted detection order and not be later than 12 months from that date. |
| Text proposed by the Commission | Amendment |
|---|---|
| The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection order. It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date. | The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection warrant. It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date. |
| Text proposed by the Commission | Amendment |
|---|---|
| The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 months. | The period of application of detection orders shall be proportionate, taking all relevant factors into account. |
| Text proposed by the Commission | Amendment |
|---|---|
| The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 months. | The period of application of detection warrants concerning the dissemination of known child sexual abuse material shall not exceed 6 months. |
| Text proposed by the Commission | Amendment |
|---|---|
| The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 months. | The period of application of targeted detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months. |
| Text proposed by the Commission | Amendment |
|---|---|
| The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 months. | The period of application of detection warrants concerning the dissemination of known child sexual abuse material shall not exceed 6 months. |
| Text proposed by the Commission | Amendment |
|---|---|
| The European Data Protection Board shall also issue guidelines regarding the compliance with Regulation (EU) 2016/679 of existing and future technologies that are used for the detection of child sexual abuse material in encrypted and non-encrypted environments.Supervisory authorities as referred to in that Regulation shall supervise the application of those guidelines. | |
| Prior to the use of any specific technology pursuant to this Article, a mandatory prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679 and a mandatory prior consultation procedure as referred to in Article 36 of that Regulation must be conducted. |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent supervisory authorities designated pursuant to Chapter VI, Section 1, of Regulation (EU) 2016/678 shall have the right to challenge a detection warrant within the competence pursuant to Chapter VI, Section 2 of Regulation (EU) 2016/678 before the courts of the Member State of the competent judicial authority that issued the detection warrant. |
| Text proposed by the Commission | Amendment |
|---|---|
| 9a. The competent supervisory authorities designated pursuant to Chapter VI, Section 1, of Regulation (EU) 2016/678 shall have the right to challenge a detection warrant within the competence pursuant to Chapter VI, Section 2 of Regulation (EU) 2016/678 before the competent judicial authority that issued the detection warrant. |
Javier Moreno Sánchez, Juan Fernando López Aguilar, Domènec Ruiz Devesa, Pietro Bartolo, Hilde Vautmans, Antonio López-Istúriz White, Milan Brglez, Heléne Fritzon, Estrella Durá Ferrandis, Carina Ohlsson, Caterina Chinnici, Cyrus Engerer
| Text proposed by the Commission | Amendment |
|---|---|
| Article7a | |
| Safeguards on encrypted services | |
| For the scope of this Regulation and for the the sole purpose to prevent and combat child sexual abuse, providers of interpersonal communications services shall be subjected to obligations to prevent, detect, report and remove online child sexual abuse on all their services, which may include as well those covered by end-to-end encyption, when there is a significant risk that their specific service is misused for online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment established in Article 3 of this Regulation. | |
| The technologies deployed to execute the detection order pursuant to Article 7 of this Regulation shall never prohibit encryption or make it impossible and shall only be deployed after a prior authorization by the Coordinating Authority, in consultation with the competent data protection authority, and be subjected to constant monitoring and auditing by the competent data protection authority to verify their compliance with Union law. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article7a | |
| Safeguards on encrypted services | |
| For the scope of this regulation and for the sole purpose to prevent and combat child sexual abuse, providers of interpersonal communications services shall be subjected to obligations to prevent, detect, report and remove online child sexual abuse on all their services, which may include as well those covered by end-to-end encryption, when there is a significant risk that their specific service is misused for online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment established in Article 3 of this Regulation. The technologies deployed to execute the detection order pursuant to Article 7 of this Regulation shall never prohibit or make encryption impossible and only be deployed after a prior authorization by the Coordinating Authority, in consultation with the competent data protection authority, and be subjected to constant monitoring and auditing by the competent data protection authority to verify their compliance with Union law. |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Additional rules regarding detection orders | Additional rules regarding targeted detection orders |
| Text proposed by the Commission | Amendment |
|---|---|
| Additional rules regarding detection orders | Additional rules regarding detection warrants |
| Text proposed by the Commission | Amendment |
|---|---|
| Additional rules regarding detection orders | Additional rules regarding detection warrants |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: | deleted |
| (a) information regarding the measures to be taken to execute the detection order, including the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8); | |
| (b) identification details of the competent judicial authority or the independent administrative authority issuing the detection order and authentication of the detection order by that judicial or independent administrative authority; | |
| (c) the name of the provider and, where applicable, its legal representative; | |
| (d) the specific service in respect of which the detection order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8); | |
| (e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children; | |
| (f) the start date and the end date of the detection order; | |
| (g) a sufficiently detailed statement of reasons explaining why the detection order is issued; | |
| (h) a reference to this Regulation as the legal basis for the detection order; | |
| (i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detection order; | |
| (j) easily understandable information about the redress available to the addressee of the detection order, including information about redress to a court and about the time periods applicable to such redress. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: | 1. A court of law shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: | 1. The competent judicial authority shall issue the detection orders referred to in Article 7. Targeted detection orders shall include at minimum: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: | 1. The competent judicial authority shall issue the detection warrants referred to in Article 7 using the template set out in Annex I. Detection warrants shall include: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: | 1. The competent judicial authority shall issue the detection warrants referred to in Article 7 using the template set out in Annex I. Detection warrants shall include: |
This amendment should be interpreted as changing the wording "detection orders" throughout this Article and throughout this Regulation to "detection warrants". Detection warrants target specific devices or specific user accounts of an individual suspect against which there is a reasonable suspicion of possessing “known child sexual abuse material”. Those warrants can only be issued by competent judicial authorities.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: | 1. The competent judicial authority authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: | 1. The competent judicial authority shall issue the targeted detection orders referred to in Article 7 using the template set out in Annex I. Targered detection orders shall include: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) information regarding the measures to be taken to execute the detection order, including the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8); | (a) information regarding the specific measures to be taken to execute the detection order, including the specific person or specific persons the detection must concern, the temporal scope, indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8); |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) information regarding the measures to be taken to execute the detection order, including the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8); | (a) information regarding the measures to be taken to execute the detection order, including the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3); |
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) information, with respect to each device or user account, detailing the specific purpose and scope of the warrant, including the legal basis for the reasonable suspicion. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) identification details of the competent judicial authority or the independent administrative authority issuing the detection order and authentication of the detection order by that judicial or independent administrative authority; | (b) identification details of the competent judicial authority issuing the detection order and authentication of the detection order by that judicial authority; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) identification details of the competent judicial authority or the independent administrative authority issuing the detection order and authentication of the detection order by that judicial or independent administrative authority; | (b) identification details of the competent judicial authority issuing the detection order and authentication of the targeted detection order by that judicial authority; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) (c) the name of the user(s) for whom a targeted detection order has been issued, insofar it is known, and digital aliases in use by the user(s). |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the specific service in respect of which the detection order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8); | (d) the specific service in respect of which the targeted detection order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8); |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children; | (e) whether the targeted detection order issued concerns the dissemination of known or new child sexual abuse material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) the person or group of persons covered by the detection order and specifics of the suspicion of illegal activities; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the start date and the end date of the detection order; | (f) the start date and the end date of the targeted detection order; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) a sufficiently detailed statement of reasons explaining why the detection order is issued; | (g) a sufficiently detailed justification explaining why the detection warrant is issued and how it is necessary, effective and proportionate; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) a sufficiently detailed statement of reasons explaining why the detection order is issued; | (g) a sufficiently detailed statement of evidence explaining why the targeted detection order is issued; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) a sufficiently detailed statement of reasons explaining why the detection order is issued; | (g) a detailed statement of reasons explaining why the detection order is issued; |
| Text proposed by the Commission | Amendment |
|---|---|
| (h) a reference to this Regulation as the legal basis for the detection order; | (h) the factual and legal grounds justifying the issuing of the order, and a reference to this Regulation as the legal basis for the detection order; |
| Text proposed by the Commission | Amendment |
|---|---|
| (h) a reference to this Regulation as the legal basis for the detection order; | (h) a reference to this Regulation as the legal basis for the targeted detection order; |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detection order; | (i) the date, time stamp and electronic signature of the judicial authority issuing the detection order; |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detection order; | (i) the date, time stamp and electronic signature of the judicial authority issuing the targeted detection order; |
| Text proposed by the Commission | Amendment |
|---|---|
| (j) easily understandable information about the redress available to the addressee of the detection order, including information about redress to a court and about the time periods applicable to such redress. | (j) easily understandable information about the redress available to the addressee of the targeted detection order, including information about redress to a court and about the time periods applicable to such redress. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The competent judicial authority or independent administrative authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. | deleted |
| The detection order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2). | |
| The detection order shall be drafted in the language declared by the provider pursuant to Article 23(3). |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent judicial authority or independent administrative authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. | The court of law issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent judicial authority or independent administrative authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. | The competent judicial authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent judicial authority or independent administrative authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. | The competent judicial authority issuing the targeted detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. |
| Text proposed by the Commission | Amendment |
|---|---|
| The detection order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2). | The targeted detection order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| The detection order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2). | The detection order shall be securly transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| The detection order shall be drafted in the language declared by the provider pursuant to Article 23(3). | The targeted detection order shall be drafted in the language declared by the provider pursuant to Article 23(3). |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. If the provider cannot execute the detection order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex II. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. If the provider cannot execute the detection order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex II. | 3. If the provider cannot execute the detection order because it contains errors, it appears unnecessary or disproportionate, or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary corrections or clarifications to the Coordinating Authority of establishment, using the template set out in Annex II. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. If the provider cannot execute the detection order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex II. | 3. If the provider cannot execute the detection order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex I. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to amend Annexes I and II where necessary to improve the templates in view of relevant technological developments or practical experiences gained. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to amend Annexes I and II where necessary to improve the templates in view of relevant technological developments or practical experiences gained. | 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to amend Annex I where necessary to improve the templates in view of relevant technological developments or practical experiences gained. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article8a | |
| Preservation of data in the context of detection orders | |
| 1. Detection orders may require the expedited preservation by the provider, insofar as the data is under their control, of one or more of the following data concerning the specific users against whom the detection order is directed, including new data generated after issuance of the order, as part of a planned or current criminal investigation; | |
| a) Traffic data: | |
| i) Pseudonyms, screen names or other identifiers used by the subject(s) of the investigation; | |
| ii) Network identifiers, such as IP addresses, port numbers, or MAC addresses used by, or associated with, the subject(s) of the investigation; | |
| iii) Any other traffic data, including metadata, of any activity linked to subject(s) of the investigation; | |
| b) Content data: | |
| i) Copies of any pictures or videos uploaded, downloaded or otherwise communicated by the subject(s) of the investigation; | |
| 2. Access to the data shall be made available to law enforcement authorities on the basis of the national law of the country of establishment of the provider. | |
| 3. The provider shall inform all users concerned of the order, unless the issuing authority instructs it, on the basis of a reasoned opinion, not to do so. |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Redress, information, reporting and modification of detection orders | Redress, information, reporting and modification of targeted detection orders |
| Text proposed by the Commission | Amendment |
|---|---|
| 9 Redress, information, reporting and modification of detection orders | 9 Redress, information, reporting and modification of detection warrants |
This amendment should be interpreted as changing the wording "detection orders" throughout this Regulation to "detection warrants". Detection warrants target individual suspects, can only be issued by competent judicial authorities and only concern "known child sexual abuse material".
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order. | 1. Providers of hosting services and providers of number independent interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order. | 1. Providers of hosting services and providers of number-independent interpersonal communications services that have received a detection warrant, as well as users affected by the measures taken to execute it, shall have a right to information and effective redress. That right shall include the right to challenge the detection warrant before the courts of the Member State of the competent judicial authority that issued the detection order. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order. | 1. Providers of hosting services and providers of interpersonal communications services that have received a targeted detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the targeted detection order before the courts of the Member State of the competent judicial authority that issued the detection order. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order. | 1. Providers of hosting services and providers of number-independent interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority that issued the detection order. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When the detection order becomes final, the competent judicial authority or independent administrative authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). | deleted |
| For the purpose of the first subparagraph, a detection order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the detection order following an appeal. |
| Text proposed by the Commission | Amendment |
|---|---|
| When the detection order becomes final, the competent judicial authority or independent administrative authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). | When the detection order becomes final, the court of law that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| When the detection order becomes final, the competent judicial authority or independent administrative authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). | When the detection order becomes final, the competent judicial authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| When the detection order becomes final, the competent judicial authority or independent administrative authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). | When the targeted detection order becomes final, the competent judicial authority that issued the targeted detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| For the purpose of the first subparagraph, a detection order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the detection order following an appeal. | For the purpose of the first subparagraph, a targeted detection order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the targeted detection order following an appeal. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the period of application of the detection order exceeds 12 months, or six months in the case of a detection order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application. | deleted |
| Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the period of application of the detection order exceeds 12 months, or six months in the case of a detection order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application. | Where the period of application of the detection order exceeds 12 months, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the period of application of the detection order exceeds 12 months, or six months in the case of a detection order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application. | Where the period of application of the detection order exceeds 12 months, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the period of application of the detection order exceeds 12 months, or six months in the case of a detection order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application. | Where the period of application of the detection order exceeds six months, or three months in the case of a detection order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application. |
| Text proposed by the Commission | Amendment |
|---|---|
| Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected. | Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, and on the consequences of those measures for the rights and legitimate interests of all parties affected. |
| Text proposed by the Commission | Amendment |
|---|---|
| Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected. | Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. In respect of the detection orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection order. | deleted |
| That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis. |
| Text proposed by the Commission | Amendment |
|---|---|
| In respect of the detection orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection order. | In respect of the targeted detection orders that the competent judicial authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether evidence has been substantiated. |
| Text proposed by the Commission | Amendment |
|---|---|
| In respect of the detection orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection order. | In respect of the detection orders that the competent judicial authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the reasonable suspicion or evidence identified at the time of the issuance of the detection order. |
| Text proposed by the Commission | Amendment |
|---|---|
| That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis. | That Coordinating Authority shall request to the competent judicial authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis. |
| Text proposed by the Commission | Amendment |
|---|---|
| That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis. | That Coordinating Authority shall request to the competent judicial authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis. |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. | deleted |
Moritz Körner, Sophia in 't Veld, Yana Toom, Morten Petersen, Abir Al-Sahlani, Michal Šimečka, Jan-Christoph Oetjen, Svenja Hahn, Karen Melchior
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. | 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. |
According to opinion 8787/23 of the Council’s legal service, if the Council were to decide to maintain interpersonal communications within the scope of the regime of the detection order, the regime should be targeted in such a way that it applies to persons in respect of whom there are reasonable grounds to believe that they are in some way involved in, committing or have committed a child sexual abuse offence, or have a connection, at least indirectly, with the commission of sexual abuse offences.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. | 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order or undertake voluntary detection measures in accordance with Article 4a, shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. | 1. Providers of hosting services and providers of number-independent interpersonal communication services that have received a detection warrant shall execute it by installing and operating secure and privacy-friendly technologies, approved by the Centre, to detect the dissemination of known child sexual abuse material, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. |
This amendment should be interpreted as changing the wording "detection orders" throughout this Regulation to "detection warrants". Detection warrants target individual suspects, can only be issued by competent judicial authorities and only concern "known child sexual abuse material".
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. | 1. Providers of hosting services and providers of interpersonal communication services that have received a targeted detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46 and with Article 6a. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. | 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order according to article 7 shall execute it to collect evidence on one or more specific user’s child sexual abuse offences, using, if necessary, specific technologies approved for this purpose by the EU Centre in accordance with Article 46. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communication services that have received a detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. | 1. Providers of hosting services and providers of number-independent interpersonal communication services that have received a detection warrant shall execute it by installing and operating technologies to detect the dissemination of known child sexual abuse material, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. | 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies specified in the orders and made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The technologies relied on, regardless of whether provided by the EU service or procured or developped by the provider itself, shall be audited independently as per their performance, and the results of these audits as well as the benchmarks used to measure the performance shall be made publicly-available. Relying on technologies provided by the EU Center shall not exempt the provider from the obligation to conduct a prior data protection impact assessment, as referred to in Article 35 of Regulation (EU) 2016/679, and a prior consultation procedure, as referred to in Article 36 of that Regulation. The prior consultation shall include access of the supervisory authority to the algorithm and the databases the content is matched against. |
Javier Moreno Sánchez, Juan Fernando López Aguilar, Domènec Ruiz Devesa, Pietro Bartolo, Hilde Vautmans, Antonio López-Istúriz White, Milan Brglez, Heléne Fritzon, Estrella Durá Ferrandis, Evin Incir, Carina Ohlsson, Caterina Chinnici, Cyrus Engerer
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. | 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order and, where needed, of adopting the security measures imposed by Article 7(3)(a). The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. | 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the purpose of using voluntary measures, when authorised, or executing a detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. | 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order or voluntary detection. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. | 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the targeted detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. | 2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection warrant. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The technologies shall be: | deleted |
| (a) effective in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; | |
| (b) not be able to extract any other information from the relevant communications than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; | |
| (c) in accordance with the state of the art in the industry and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data; | |
| (d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The technologies shall be: | 3. The technologies specified in the detection orders shall: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) effective in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; | (a) be effective in collecting evidence on the dissemination of child sexual abuse material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) effective in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; | (a) effective in detecting the dissemination of known child sexual abuse material, as applicable; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) effective in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; | (a) effective in detecting the dissemination of known child sexual abuse material, as applicable; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) not be able to extract any other information from the relevant communications than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; | (b) not be able to extract nor deduce the substance of the content of the communications or any other information, from the relevant communications other than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of child sexual abuse material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) not be able to extract any other information from the relevant communications than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; | (b) not be able to extract any other information from the relevant communications than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known child sexual abuse material, as applicable; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) not be able to extract any other information from the relevant communications than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; | (b) not be able to extract any other information from the relevant communications than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known child sexual abuse material, as applicable; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) in accordance with the state of the art in the industry and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data; | (c) in accordance with the state of the art in the industry and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data. It shall not weaken or undermine end-to-end encryption and shall not limit providers of information society services from providing their services applying end-to-end encryption; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) in accordance with the state of the art in the industry and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data; | (c) be in accordance with the technological state of the art and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection. | (d) be sufficiently reliable, in that they limit to the maximum extent possible the rate of errors where content is wrongly identified as known child sexual abuse material (“false positives”) to at most 1 in 50 billion, and where such occasional errors occur, their consequences are rectified without delay; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection. | (d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection, of content representing online child sexual abuse and, where such occasional errors occur, their consequences are rectified without delay; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection. | (d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection, with special attention to avoid deviations and bias with proper testing and training of algorithms and models where applicable. |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) for searching known child sexual abuse material, create a unique, non-reconvertible digital signature (ʻhashʼ) of electronically communicated pictures or videos for the sole purpose of immediately comparing that hash with a database containing hashes of material previously reliably identified as child sexual abuse and exploitation material as provided by the EU Centre pursuant to Article 44(1); |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) the technologies used to detect patterns of possible solicitation of children are limited to the use of relevant key indicators and objectively identified risk factors such as age difference and the likely involvement of a child in the scanned communication, without prejudice to the right to human review. |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) effective in setting up a reliable age-based filter that verifies the age of users and effectively prevents the access of child users to websites subject to online child sexual abuse, and child sexual abuse offenses. |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) (e) focused on communications where there is an established suspicion of illegal activity and the technologies shall not lead to general monitoring of private communications; |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) ensure that the interference with the fundamental right to privacy and the other rights laid down in the Charter is limited to what is strictly necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) ensure that the interference with the fundamental right to privacy and the other rights laid down in the Charter is limited to what is strictly necessary |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) not able to weaken end-to end encryption and to lead to a general monitoring of private comunications. |
Javier Moreno Sánchez, Juan Fernando López Aguilar, Domènec Ruiz Devesa, Pietro Bartolo, Hilde Vautmans, Antonio López-Istúriz White, Milan Brglez, Heléne Fritzon, Estrella Durá Ferrandis, Carina Ohlsson, Caterina Chinnici, Cyrus Engerer
| Text proposed by the Commission | Amendment |
|---|---|
| (da) not able to prohibit or make end-to-end encryption impossible. |
Hilde Vautmans, Maite Pagazaurtundúa, Fabienne Keller, Olivier Chastel, Lucia Ďuriš Nicholsonová, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| (da) not able to prohibit or make end-to-end encryption impossible. |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) not able to weaken end-to-end encryption. |
| Text proposed by the Commission | Amendment |
|---|---|
| (db) ensure the processing is limited to what is strictly necessary for the purpose of detection, reporting and removal of child sexual abuse material and, unless child sexual abuse material has been detected and confirmed as such, the data is erased immediately; |
| Text proposed by the Commission | Amendment |
|---|---|
| (dc) ensure the processing does not interfere with, weaken, or circumvent the security of encrypted communications, and only applies to unencrypted communications; |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The provider shall: | deleted |
| (a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to execute the detection orders addressed to them; | |
| (b) establish effective internal procedures to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data; | |
| (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; | |
| (d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner; | |
| (e) inform the Coordinating Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); | |
| (f) regularly review the functioning of the measures referred to in points (a), (b), (c) and (d) of this paragraph and adjust them where necessary to ensure that the requirements set out therein are met, as well as document the review process and the outcomes thereof and include that information in the report referred to in Article 9(3). |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The provider shall: | deleted |
| (a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to execute the detection orders addressed to them; | |
| (b) establish effective internal procedures to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data; | |
| (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; | |
| (d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner; | |
| (e) inform the Coordinating Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); | |
| (f) regularly review the functioning of the measures referred to in points (a), (b), (c) and (d) of this paragraph and adjust them where necessary to ensure that the requirements set out therein are met, as well as document the review process and the outcomes thereof and include that information in the report referred to in Article 9(3). |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The provider shall: | 4. The issuing authority shall: |
| Text proposed by the Commission | Amendment |
|---|---|
| (-a) ensure privacy by design and safety-by-design and by default and, where applicable, the protection of encryption. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to execute the detection orders addressed to them; | (a) request, in respect of any specific technology used for the purpose set out in this Article, a mandatory prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679, and request a mandatory prior consultation procedure as referred to in Article 36 of that Regulation have been conducted and take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known child sexual abuse material, as applicable, insofar as strictly necessary to execute the detection warrants addressed to them; |
Hilde Vautmans, Fabienne Keller, Olivier Chastel, Maite Pagazaurtundúa, Lucia Ďuriš Nicholsonová, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| (a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to execute the detection orders addressed to them; | (a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to use voluntary measures, when authorised, or execute detection orders addressed to them; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to execute the detection orders addressed to them; | (a) take all the necessary measures to ensure that the technologies specified in detection orders and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of child sexual abuse material insofar as strictly necessary to execute the detection orders they issue; |
If detection is limited to suspects and reliable technology exists, automated searches of intercepted interpersonal communications and hosted data for both known and unknown CSEM are justified.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to execute the detection orders addressed to them; | (a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material, as applicable, insofar as strictly necessary to execute the targeted detection orders addressed to them; |
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) ensure privacy by design and safety-by-design and by default and, where applicable, the protection of encryption. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) establish effective internal procedures to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data; | (b) include in detection orders specific internal procedures for providers to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) establish effective internal procedures to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data; | (b) establish effective internal procedures to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorised access to, and unauthorised transfers of, such personal data and other data |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; | (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; ensure that any malfunctions or defects in the technologies used are remedied within a matter of hours; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; | (c) include in detection orders specific obligations on providers ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors are detected, human intervention; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; | (c) ensure continuous human oversight to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors are detected, immediate human intervention; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; | (c) ensure human oversight at any moment to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors are detected, immediate human intervention; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner; | (d) establish and operate an accessible, child-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of providers’ obligations under this Section, as well as any decisions that provider may have taken in relation to the use of the technologies, and process such complaints in an objective, effective and timely manner; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner; | (d) establish and operate an accessible, age-appropriate and user- and child-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner ; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner; | (d) establish and operate an accessible, age-appropriate and user- and child-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) inform the Coordinating Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); | (e) inform the Coordinating Authority and competent Data Protection Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) inform the Coordinating Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); | (e) inform the Coordinating Authority and Data Protection Authorities, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) inform the Coordinating Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); | (e) inform the Coordinating Authority, at the latest one month before the start date specified in the targeted detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); |
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) request in respect of any specific technology used for the purpose set out in this Article, a prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679, and request a prior consultation procedure as referred to in Article 36 of that Regulation have been conducted; |
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) ensure privacy without hampering the integrity of encryption and without leading to a general monitoring of private communications. |
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) ensure privacy by design and by default and, where applicable, without hampering the integrity of encryption. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. in respect of any specific technology used for the purpose set out in this Article, conduct a mandatory prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679 and a mandatory prior consultation procedure as referred to in Article 36 of that Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The provider shall inform users in a clear, prominent and comprehensible way of the following: | deleted |
| (a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; | |
| (b) the fact that it is required to report potential online child sexual abuse to the EU Centre in accordance with Article 12; | |
| (c) the users’ right of judicial redress referred to in Article 9(1) and their rights to submit complaints to the provider through the mechanism referred to in paragraph 4, point (d) and to the Coordinating Authority in accordance with Article 34. | |
| The provider shall not provide information to users that may reduce the effectiveness of the measures to execute the detection order. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; | (a) the fact that it operates technologies to detect known child sexual abuse material to execute the detection warrant, the ways in which it operates those technologies and the impact on the users’ fundamental rights to private and family life, including the confidentiality of communications and the protection of personal data; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; | (a) the fact that it operates technologies to detect child sexual abuse material to execute the detection order, the ways in which it operates those technologies and the on the users’ fundamental rights to private and family life, including the confidentiality of communications and the protection of personal data; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; | (a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications and on personal data protection; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; | (a) the fact that it operates technologies to detect online child sexual abuse to execute the targeted detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; | (a) the fact that it operates technologies to detect child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the fact that it is required to report potential online child sexual abuse to the EU Centre in accordance with Article 12; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the users’ right of judicial redress referred to in Article 9(1) and their rights to submit complaints to the provider through the mechanism referred to in paragraph 4, point (d) and to the Coordinating Authority in accordance with Article 34. | (c) the users’ right of judicial redress referred to in Article 9(1) and their rights to submit complaints to the provider through the mechanism referred to in paragraph 4, point (d) and to the Data Protection Authority and Coordinating Authority in accordance with Article 34. |
Sven Simon, Christian Doleschal, Niclas Herbst, Sara Skyttedal, Jessica Polfjärd, Tomas Tobé, Arba Kokalari
| Text proposed by the Commission | Amendment |
|---|---|
| The provider shall not provide information to users that may reduce the effectiveness of the measures to execute the detection order. | The provider shall not provide information to users that may reduce the effectiveness of the measures to execute the targeted detection order, notwithstanding Article 6a and general advice on confidential communication. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Where a provider detects potential online child sexual abuse through the measures taken to execute the detection order, it shall inform the users concerned without undue delay, after Europol or the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Where a provider detects potential online child sexual abuse through the measures taken to execute the detection order, it shall inform the users concerned without undue delay, after Europol or the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. | deleted |
Reporting obligations are covered in Article 12. From an operational perspective, it should not matter how the illegal activity was identified.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Where a provider detects potential online child sexual abuse through the measures taken to execute the detection order, it shall inform the users concerned without undue delay, after Europol or the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. | 6. Where a provider detects potential online child sexual abuse through the measures taken to execute the targeted detection order, it shall inform the users concerned without undue delay, after Europol or the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Where a provider detects potential online child sexual abuse through the measures taken to execute the detection order, it shall inform the users concerned without undue delay, after Europol or the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. | 6. Where a provider detects potential child sexual abuse material through the measures taken to execute the detection order, it shall inform the users concerned without undue delay, after the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article10a | |
| Safeguarding end-to-end encryption | |
| The integrity of end-to-end encryption services must be safeguarded. The detection obligations set out in this section shall therefore not apply to end-to-end encryption services. This includes, inter alia, no possibility within end-to-end encryption technology to build in so called ‘backdoors’ i.e. client-side scanning with side-channel leaks which could weaken the end-to-end encryption and lead to a third part getting access to private data. Client-side scanning, when a message is scanned twice, on sending and receiving, threatens the integrity and privacy of users. Such ‘backdoors’ shall not be built in on end-to-end encryption in the pursuit of enforcing this regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 11 | deleted |
| Guidelines regarding detection obligations | |
| The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 11 | deleted |
| Guidelines regarding detection obligations | |
| The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used. |
| Text proposed by the Commission | Amendment |
|---|---|
| Guidelines regarding detection obligations | Additional rules regarding detection obligations |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used. | The Commission, in cooperation with the European Data Protection Board, Fundamental Rights Agency, Coordinating Authorities and the EU Centre and after having conducted a public consultation, shall issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments, ensuring that the interference with the fundamental right to privacy and the other rights laid down in the Charter is limited to what is strictly necessary and the manners in which the services covered by those provisions are offered and used. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used. | The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and trends reported by law enforcement, hotlines and civil society and the manners in which the services covered by those provisions are offered and used. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used. | The Commission, in cooperation with the Coordinating Authorities, and the EU Centre, after having consulted the European Data Protection Board and after having conducted a public consultation, may issue delegated acts on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used. | The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having consulted the European Data Protection Board and having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 Reporting obligations | 3 Reporting and removal obligations |
| Text proposed by the Commission | Amendment |
|---|---|
| Reporting obligations | Reporting and removal obligations |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where a provider of hosting services or a provider of interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2). | 1. Where a provider of hosting services or a provider of number-independent interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of alleged online child sexual abuse on its services, it shall promptly report, without delay, that abuse to the competent law enforcement and independent judicial authorities and submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where a provider of hosting services or a provider of interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2). | 1. Where a provider of hosting services or a provider of publicly available number-independent interpersonal communications services has actual knowledge of alleged online child sexual abuse on its services in any manner other than through a removal order issued in accordance with this Regulation , it shall promptly submit, using state of the art encryption, a report to the EU Centre and the relevant compent national authority in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where a provider of hosting services or a provider of interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2). | 1. Where a provider of hosting services or a provider of number-independent interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential child sexual abuse material on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where a provider of hosting services or a provider of interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2). | 1. Where a provider of hosting services or a provider of number independent interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Where a provider of hosting services has actual knowledge of online child sexual abuse material on its services and of its unlawful nature it shall expeditiously remove or disable access to it in all Member States. |
Where a provider of hosting services has actual knowledge of online child sexual abuse material on its services and of its unlawful nature but does not expeditiously remove or disable access to it, it is no longer exempt from liability according to the Digital Services Act and should be obliged to remove the material, to prevent its continued circulation.
| Text proposed by the Commission | Amendment |
|---|---|
| Where the provider submits a report pursuant to paragraph 1, it shall inform the user concerned, providing information on the main content of the report, on the manner in which the provider has become aware of the potential child sexual abuse concerned, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Coordinating Authority in accordance with Article 34. | Where the provider submits a report pursuant to paragraph 1, it shall request authorisation from the EU Centre to notify the user concerned, which shall reply without undue delay, at maximum within two days. In case of authorisation, the provider shall notify the user without undue delay. The notification shall include information on the main content of the report, on the manner in which the provider has become aware of the alleged child sexual abuse concerned, on the authority the report has been transferred to, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Coordinating Authority in accordance with Article 34. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the provider submits a report pursuant to paragraph 1, it shall inform the user concerned, providing information on the main content of the report, on the manner in which the provider has become aware of the potential child sexual abuse concerned, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Coordinating Authority in accordance with Article 34. | Where the provider submits a report pursuant to paragraph 1, it shall inform the user concerned, providing information on the main content of the report, on the manner in which the provider has become aware of the potential child sexual abuse concerned, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Data Protection Authority and Coordinating Authority in accordance with Article 34. |
| Text proposed by the Commission | Amendment |
|---|---|
| The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be manifestly unfounded as referred to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs first. | deleted |
The EU Center shall coordinate with the relevant competent authority the requests it receives for exercise of individuals’ right of access, rectification and deletion in relation to personal data processed pursuant to this Regulation.
| Text proposed by the Commission | Amendment |
|---|---|
| The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be manifestly unfounded as referred to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs first. | The provider shall inform the user concerned without undue delay. |
| Text proposed by the Commission | Amendment |
|---|---|
| The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be manifestly unfounded as referred to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs first. | The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be unfounded as referred to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs first. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where within the three months’ time period referred to in the second subparagraph the provider receives such a communication from the EU Centre indicating that the information is not to be provided, it shall inform the user concerned, without undue delay, after the expiry of the time period set out in that communication. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Where within the three months’ time period referred to in the second subparagraph the provider receives such a communication from the EU Centre indicating that the information is not to be provided, it shall inform the user concerned, without undue delay, after the expiry of the time period set out in that communication. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The EU Center shall coordinate with the relevant competent authority the requests it receives for exercise of individuals’ right of access, rectification and deletion in relation to personal data processed pursuant to this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service. | 3. The provider, the EU centre, the competent authority or any judicial enforcement bodies , shall, without undue delay, notify the individual or entity that have notified the alleged online child sexual abuse, of their decision in respect of the information to which the notified content relates, providing information on the possibilities for redress in respect of that decision. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service. | 3. The provider shall establish and operate an accessible, age-appropriate, child-friendly and user-friendly mechanism, including self-reporting tools, that allows users to flag or notify to the provider potential online child sexual abuse on the services. Those mechanisms shall allow for anonymous reporting already available through anonymous reporting channels as defined by Directive (EU) 2019/1937. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service. | 3. The provider shall establish and operate an accessible, user-friendly mechanism with age-appropriate and anonymous options that allows users to flag to the provider potential online child sexual abuse on the service. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service. | 3. The provider shall establish and operate an accessible, age-appropriate and child- and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include: | 1. Providers of hosting services and providers of number independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include, insofar available: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include: | 1. Providers of hosting services and providers of number-independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include: | 1. Providers of hosting services and providers of number-independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include: | 1. Providers of hosting services and providers of number independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services and providers of interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include: | 1. Providers of hosting services and providers of number-independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include: |
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) where applicable, an exact uniform resource locator and, where necessary, additional information for the identification of the child sexual abuse material |
| Text proposed by the Commission | Amendment |
|---|---|
| (ab) the specific technology that enabled the provider to become aware of the potential online child sexual abuse; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) all content data, including images, videos and text; | (c) content data; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) all content data, including images, videos and text; | (c) the relevant content data |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) all content data, including images, videos and text; | (c) all content data being reported; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) where applicable, an exact uniform resource locator and, where necessary, additional information for the identification of the child sexual abuse material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) information on the reporting mechanism or specific technology used to detect the content; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) all available data other than content data related to the potential online child sexual abuse; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) all available data other than content data related to the potential online child sexual abuse; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) all available data other than content data related to the potential online child sexual abuse; | (d) other available data related to the reported potential online child sexual abuse, including unique identifiers of the user and metadata related to media files and communications |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) all available data other than content data related to the potential online child sexual abuse; | (d) other relevant data other than content data related to the suspected online child sexual abuse; |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) a list of all traffic data and metadata retained in relation to the potential online child sexual abuse, which could be made available to law enforcement authorities, together with information concerning default retention periods. |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) whether the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material or the solicitation of children; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) whether the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material or the solicitation of children; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) whether the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material or the solicitation of children; | (e) whether the potential online child sexual abuse to their knowledge concerns the dissemination of known or new child sexual abuse material or the solicitation of children; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) information concerning the geographic location related to the potential online child sexual abuse, such as the Internet Protocol address; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) information concerning the geographic location related to the potential online child sexual abuse, such as the Internet Protocol address; | deleted |
If communications metadata that constitutes location data is meant, it should be defined accordingly. The term "Geographic location" creates uncertainty about the meaning. GPS cannot be meant because of the reference to IP-address.
| Text proposed by the Commission | Amendment |
|---|---|
| (f) information concerning the geographic location related to the potential online child sexual abuse, such as the Internet Protocol address; | (f) information concerning the apparent geographic location related to the potential online child sexual abuse, such as the Internet Protocol address; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) information concerning the geographic location related to the potential online child sexual abuse, such as the Internet Protocol address; | (f) information concerning the geographic location related to the suspected online child sexual abuse |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) information concerning the identity of any user involved in the potential online child sexual abuse; | (g) a list of available information indicating the identity of any user involved in the potential online child sexual abuse together with default retention periods; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) information concerning the identity of any user involved in the potential online child sexual abuse; | (g) information concerning the identity of any user involved in the suspected online child sexual abuse; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ga) whether the provider considers that the report involves and imminent threat to the life or safety of a child or requires urgent action; |
| Text proposed by the Commission | Amendment |
|---|---|
| (h) whether the provider has also reported, or will also report, the potential online child sexual abuse to a public authority or other entity competent to receive such reports of a third country and if so, which authority or entity; | (h) whether the provider has also reported, or will also report, the suspected online child sexual abuse to a public authority or other entity competent to receive such reports of a third country and if so, which authority or entity; |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) where the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material, whether the provider has removed or disabled access to the material; | (i) where the alleged online child sexual abuse concerns the dissemination of child sexual abuse material, whether the provider has removed or disabled access to the material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) where the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material, whether the provider has removed or disabled access to the material; | (i) where the suspected online child sexual abuse concerns the dissemination of known child sexual abuse material, whether the provider has removed access to the material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ia) information on the specific technology that enabled the provider to become aware of the relevant abusive content, in case the provider became aware of the potential child sexual abuse following measures taken to execute a detection order issued in accordance with Article 7 of the Proposal. |
| Text proposed by the Commission | Amendment |
|---|---|
| (j) whether the provider considers that the report requires urgent action; | (j) whether the provider considers that the report is indicative of an imminent threat to the life or safety of a child or otherwise requires urgent action; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ja) information on the tools used by the provider to become aware of the reported online child sexual abuse, including data and aggregate statistics on how technologies used by the provider work; |
Moritz Körner, Sophia in 't Veld, Yana Toom, Morten Petersen, Abir Al-Sahlani, Michal Šimečka, Jan-Christoph Oetjen, Svenja Hahn, Karen Melchior
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material. | 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove in all Member States one or more specific items of material that, after a diligent assessment, the courts identified as constituting child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material. | 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts identified as constituting illegal child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material. | 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts referred to in Article 36(1) identified as constituting child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material. | 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material. | 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. | 2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. For micro, small and medium enterprises, including open source providers, the removal order shall allow additional time, proportionate to the size and the resources of the provider, but in any case no longer than 3 days. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. | 2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. For micro, small and medium enterprises, including open source providers, the removal order shall allow additional time, proportionate to the size and the resources of the provider. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. | 2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. For micro, small and medium enterprises, including open source providers, the removal order shall allow additional time, proportionate to the size and the resources of the provider. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. | 2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. For micro, small and medium enterprises, including open source providers, the removal order shall allow additional time, proportionate to the size and the resources of the provider. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The competent judicial authority or the independent administrative authority shall issue a removal order using the template set out in Annex IV. Removal orders shall include: | 3. The competent judicial authority shall issue a removal order using the template set out in Annex IV. Removal orders shall include: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) identification details of the judicial or independent administrative authority issuing the removal order and authentication of the removal order by that authority; | (a) identification details of the judicial authority issuing the removal order and authentication of the removal order by that authority; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the specific service for which the removal order is issued; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) a reference to this Regulation as the legal basis for the removal order; | (g) a reference to Article 14 of this Regulation as the legal basis for the removal order; |
| Text proposed by the Commission | Amendment |
|---|---|
| (h) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the removal order; | (h) the date, time stamp and electronic signature of the judicial authority issuing the removal order; |
| Text proposed by the Commission | Amendment |
|---|---|
| The judicial authority or the independent administrative issuing the removal order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. | The judicial authority issuing the removal order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. |
| Text proposed by the Commission | Amendment |
|---|---|
| If the provider cannot execute the removal order on grounds of force majeure or de facto impossibility not attributable to it, including for objectively justifiable technical or operational reasons, it shall, without undue delay, inform the Coordinating Authority of establishment of those grounds, using the template set out in Annex V. | If the provider cannot execute the removal order on grounds of force majeure or de facto impossibility it shall, without undue delay, inform the Coordinating Authority of establishment of those grounds, using the template set out in Annex V. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. If the provider considers that the removal order has not been issued in accordance with this Article, or is manifestly abusive, it shall refuse to execute the order and provide a reasoned justification to the Coordinating Authority that issued the order. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The provider shall, without undue delay and using the template set out in Annex VI, inform the Coordinating Authority of establishment and the EU Centre, of the measures taken to execute the removal order, indicating, in particular, whether the provider removed the child sexual abuse material or disabled access thereto in all Member States and the date and time thereof. | 7. The provider shall, without undue delay and using the template set out in Annex VI, inform the Coordinating Authority of establishment and the EU Centre, of the measures taken to execute the removal order, indicating, in particular, whether the provider removed the child sexual abuse material in all Member States and the date and time thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8a. Where Europol or a national authority become aware of the presence of child sexual abuse material on a hosting service, they shall notify the Coordinating authority of its exact uniform resource locator, and the Coordinating authority shall request a removal order where the conditions of paragraph 1 are met. |
To ensure that hosted child sexual abuse material known to authorities is removed. In an operation against the “Boystown” online child sexual abuse platform, Europol and the German Federal Crime Agency (BKA) did not ensure that the child sexual abuse material shared via the platform they had access to was removed by the hosting services, resulting in its continued circulation and proliferation.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services that have received a removal order issued in accordance with Article 14, as well as the users who provided the material, shall have the right to an effective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the removal order. | 1. Providers of hosting services that have received a removal order issued in accordance with Article 14, as well as the users who provided the material, shall have the right to an effective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority that issued the removal order. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services that have received a removal order issued in accordance with Article 14, as well as the users who provided the material, shall have the right to an effective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the removal order. | 1. Providers of hosting services that have received a removal order issued in accordance with Article 14, as well as the users who provided the material, shall have the right to an effective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority that issued the removal order. |
| Text proposed by the Commission | Amendment |
|---|---|
| When the removal order becomes final, the competent judicial authority or independent administrative authority that issued the removal order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). | When the removal order becomes final, the competent judicial authority that issued the removal order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the fact that it removed the material or disabled access thereto; | (a) the fact that it removed the material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the reasons for the removal or disabling, providing a copy of the removal order upon the user’s request; | (b) the reasons for the removal, providing a copy of the removal order; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the reasons for the removal or disabling, providing a copy of the removal order upon the user’s request; | (b) the reasons for the removal or disabling, providing a copy of the removal order; |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. | deleted |
| In such a case: | |
| (a) the judicial authority or independent administrative authority issuing the removal order shall set the time period not longer than necessary and not exceeding six weeks, during which the provider is not to disclose such information; | |
| (b) the obligations set out in paragraph 3 shall not apply during that time period; | |
| (c) that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period. | |
| That judicial authority or independent administrative authority may decide to extend the time period referred to in the second subparagraph, point (a), by a further time period of maximum six weeks, where and to the extent the non-disclosure continues to be necessary. In that case, that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period. Article 14(3) shall apply to that decision. |
The removal or disabling of content as such will alert the criminal that the content has been identified. Effective coordination, in line with the proposed Article 14.1a, is needed to avoid disruption of investigations.
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. | The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Moritz Körner, Sophia in 't Veld, Yana Toom, Morten Petersen, Michal Šimečka, Jan-Christoph Oetjen, Svenja Hahn, Karen Melchior
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
(for deleting blocking provisions entirely): Access blocking is ineffective and can easily be circumvented by persons actively seeking access to unlawful content. Also it is usually technologically impossible to comply with the prohibition of collateral or excessive blocking of access to lawful content hosted on the same website or server or via the same IP address (ECtHR, Vladimir Kharitonov v. Russia, 10795/14).
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or an independent administrative authority of that Member State to issue a blocking order requiring a provider of internet access services under the jurisdiction of that Member State to take reasonable measures to prevent users from accessing known child sexual abuse material indicated by all uniform resource locators on the list of uniform resource locators included in the database of indicators, in accordance with Article 44(2), point (b) and provided by the EU Centre. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Coordinating Authority of establishment shall, before requesting the issuance of a blocking order, carry out all investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met. | deleted |
| To that end, it shall, where appropriate: | |
| (a) verify that, in respect of all or a representative sample of the uniform resource locators on the list referred to in paragraph 1, the conditions of Article 36(1), point (b), are met, including by carrying out checks to verify in cooperation with the EU Centre that the list is complete, accurate and up-to-date; | |
| (b) require the provider to submit, within a reasonable time period set by that Coordinating Authority, the necessary information, in particular regarding the accessing or attempting to access by users of the child sexual abuse material indicated by the uniform resource locators, regarding the provider’s policy to address the risk of dissemination of the child sexual abuse material and regarding the provider’s financial and technological capabilities and size; | |
| (c) request the EU Centre to provide the necessary information, in particular explanations and assurances regarding the accuracy of the uniform resource locators in indicating child sexual abuse material, regarding the quantity and nature of that material and regarding the verifications by the EU Centre and the audits referred to in Article 36(2) and Article 46(7), respectively; | |
| (d) request any other relevant public authority or relevant experts or entities to provide the necessary information. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Coordinating Authority of establishment shall, before requesting the issuance of the blocking order, inform the provider of its intention to request the issuance of the blocking order, specifying the main elements of the content of the intended blocking order and the reasons to request the blocking order. It shall afford the provider an opportunity to comment on that information, within a reasonable time period set by that Coordinating Authority. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Coordinating Authority of establishment shall request the issuance of the blocking order, and the competent judicial authority or independent authority shall issue the blocking order, where it considers that the following conditions are met: | deleted |
| (a) there is evidence of the service having been used during the past 12 months, to an appreciable extent, for accessing or attempting to access the child sexual abuse material indicated by the uniform resource locators; | |
| (b) the blocking order is necessary to prevent the dissemination of the child sexual abuse material to users in the Union, having regard in particular to the quantity and nature of that material, the need to protect the rights of the victims and the existence and implementation by the provider of a policy to address the risk of such dissemination; | |
| (c) the uniform resource locators indicate, in a sufficiently reliable manner, child sexual abuse material; | |
| (d) the reasons for issuing the blocking order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties, including the exercise of the users’ freedom of expression and information and the provider’s freedom to conduct a business. | |
| When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, including any information obtained pursuant to paragraph 2 and the views of the provider submitted in accordance with paragraph 3. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The Coordinating Authority of establishment when requesting the issuance of blocking orders, and the competent judicial or independent administrative authority when issuing the blocking order, shall: | deleted |
| (a) specify effective and proportionate limits and safeguards necessary to ensure that any negative consequences referred to in paragraph 4, point (d), remain limited to what is strictly necessary; | |
| (b) subject to paragraph 6, ensure that the period of application remains limited to what is strictly necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The Coordinating Authority shall specify in the blocking order the period during which it applies, indicating the start date and the end date. | deleted |
| The period of application of blocking orders shall not exceed five years. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. In respect of the blocking orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority shall, where necessary and at least once every year, assess whether any substantial changes to the grounds for issuing the blocking orders occurred and, in particular, whether the conditions of paragraph 4 continue to be met. | deleted |
| That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the blocking order the modification or revocation of such order, where necessary in the light of the outcome of that assessment or to take account of justified requests or the reports referred to in Article 18(5) and (6), respectively. The provisions of this Section shall apply to such requests, mutatis mutandis. |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Coordinating Authority of establishment shall issue the blocking orders referred to in Article 16 using the template set out in Annex VII. Blocking orders shall include: | deleted |
| (a) the reference to the list of uniform resource locators, provided by the EU Centre, and the safeguards to be provided for, including the limits and safeguards specified pursuant to Article 16(5) and, where applicable, the reporting requirements set pursuant to Article 18(6); | |
| (b) identification details of the competent judicial authority or the independent administrative authority issuing the blocking order and authentication of the blocking order by that authority; | |
| (c) the name of the provider and, where applicable, its legal representative; | |
| (d) the specific service in respect of which the detection order is issued; | |
| (e) the start date and the end date of the blocking order; | |
| (f) a sufficiently detailed statement of reasons explaining why the blocking order is issued; | |
| (g) a reference to this Regulation as the legal basis for the blocking order; | |
| (h) the date, time stamp and electronic signature of the judicial authority or the independent administrative authority issuing the blocking order; | |
| (i) easily understandable information about the redress available to the addressee of the blocking order, including information about redress to a court and about the time periods applicable to such redress. |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the specific service in respect of which the detection order is issued; | (d) the specific service in respect of which the targeted detection order is issued; |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The competent judicial authority or independent administrative authority issuing the blocking order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The blocking order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The blocking order shall be drafted in the language declared by the provider pursuant to Article 23(3). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. If the provider cannot execute the blocking order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex VIII. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to amend Annexes VII and VIII where necessary to improve the templates in view of relevant technological developments or practical experiences gained. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Liability of providers | |
| Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements. |
| Text proposed by the Commission | Amendment |
|---|---|
| Liability of providers | Liability of providers and hotlines |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements. | Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, or because of the voluntary measures they take to remove or disable access to child sexual abuse material on their services. |
Providers shall not be held liable for the measures they implement on a voluntary basis. All providers have strong incentives to fight against child sexual abuse materials and shall not be discouraged from proactively or reactively act or build measures to do so. This exemption must be specifically stated in the regulation.
| Text proposed by the Commission | Amendment |
|---|---|
| Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements. | Providers of relevant information society services and hotlines shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements. |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements. | Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing or reporting online child sexual abuse in accordance with those requirements. |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements. | Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing or reporting online child sexual abuse in accordance with those requirements. |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements. | Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, labelling, or reporting online child sexual abuse in accordance with those requirements. |
Moritz Körner, Sophia in 't Veld, Yana Toom, Morten Petersen, Abir Al-Sahlani, Michal Šimečka, Jan-Christoph Oetjen, Svenja Hahn, Karen Melchior
| Text proposed by the Commission | Amendment |
|---|---|
| Article19a | |
| Respect to Privacy | |
| Nothing in this Regulation shall be interpreted as a requirement to | |
| 1. break cryptography; | |
| 2. scan content on users’ devices; | |
| 3. restrict anonymous access to online services and software applications. |
Connections
The dossier, the decisions on this text and its other versions.
No connections found for this item.
Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2023). “AMENDMENTS 954 - 1332 - Draft report Laying down rules to prevent and combat child sexual abuse”. Text, 28 July 2023. docId LIBE-AM-749190. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-749190 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/LIBE-AM-749190 (CC BY 4.0).
BibTeX
@misc{epw-text-libe-am-749190,
author = {{European Parliament}},
title = {{AMENDMENTS 954 - 1332 - Draft report Laying down rules to prevent and combat child sexual abuse}},
year = {2023},
date = {2023-07-28},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-749190}},
url = {https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-749190},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId LIBE-AM-749190. Data: EP Open Data API: document record (CC BY 4.0)}
}