Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸9 unchanged paragraphs

on the proposal for a regulation of the European Parliament and of the Council Amending Regulation (EU) 2021/1232 of the European Parliament and of the Council on a temporary derogation from certain provisions of Directive 2002/58/EC for the purpose of combating online child sexual abuse

(COM(2023)0777 – C90437/2023 – 2023/0452(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0777),

– having regard to Article 294(2), Article 16(2) and Article 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90437/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee (XXXX)

–– having regard to Rule 59 of its Rules of Procedure,

Changed– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2024),(A9-0021/2024),

Added– having regard to the Report from the European Commission on the implementation of Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number- independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (COM(2023) 797 final),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedCitation 4 a (new): Having regard to the Report from the European Commission on the implementation of Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number- independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (COM(2023) 797 final)

Recital -1 (new): (-1) In order to facilitate compliance with providers’ reporting obligations, in particular to ensure the machine-readability and easy accessibility of the reports, the publication format for the reports pursuant to Article 3(1)(f)(vii) of Regulation 2021/1232 should be harmonised.

Recital 1 a (new): (1a) In order to ensure an adequate level of transparency and accountability, as well as to enable comprehensive and comparable reporting, it is necessary to lay down templates concerning the details of the reports that providers of number-independent interpersonal communications services should publish and submit to the competent supervisory authority and to the Commission on the processing of personal data under Regulation 2021/1232.

Recital 1 b (new): (1b) In order to enable effective scrutiny over processing of personal data, providers of number-independent interpersonal communications services should use the template and the instructions laid out in the Annex to this Regulation when complying with their reporting obligations pursuant to Regulation (EU) 2021/1232.

Change 2

RemovedRecital 4 a (new): (4a) In light of the implementing report from the European Commission of 19 December 2023 (COM(2023) 797) and to ensure consistency and clarity, definitions which are no longer relevant should be deleted from Regulation 2021/1232. Since the scope of this Regulation does not include solicitation of children, its definition should be deleted.

AddedRecital 1 c (new): (1c) In view of the Report from the Commission on the implementation of Regulation (EU) 2021/12321a, it is necessary to thoroughly improve the reporting mechanism to the European Commission from both the Member States and the providers of number-independent interpersonal communication services. It is also important to stress that the European Commission will be obliged to report on the implementation of the Regulation (EU) 2021/1232 in due time after the conclusion of the new period of application. / 1a REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse

RemovedRegulation (EU) 2021/1232

AddedRecital 2: (2) The proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse10, which the Commission adopted on 11 May 2022, aims to provide that long-term legal framework. The European Parliament adopted its position and the mandate to enter into inter-institutional negotiations on 22 November 2023 while the Council of the European Union has not reached a general approach yet. Consequently, it is certain that the legislative procedure will be not concluded before 3 August 2024.

RemovedRecital 4 b (new), Recital 16: (4b) In Recital 16 of Regulation (EU) 2021/1232, the text is replaced by the following: / (16) The types of technologies used for the purposes of this Regulation should be the least privacy-intrusive in accordance with the state of the art in the industry. Those technologies should not be used to systematically filter and scan text in communications unless it is solely to detect patterns which point to possible concrete reasons for suspecting online child sexual abuse, and they should not be able to deduce the substance of the content of the communications.

AddedRecital 3: (3) It is important that child sexual abuse online can be effectively combated which demonstrates the need for a permanent framework with a focus on preventive measures. Pending the conclusion of the legislative procedure and the adoption, entry into force and application of the long-term legal framework, a prolongation of Regulation (EU) 2021/1232 is only justified once and for a very limited period.

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AddedRecital 4: (4) Therefore, given this extraordinary circumstances and the lack of progress with the permanent solution within the Council of the European Union, Regulation (EU) 2021/1232 should be amended to extend its period of application for a limited period of time strictly necessary to adopt the long-term legislation. It is crucial to note that this extension is exceptional and should not establish a precedent for future extensions. Regulation (EU) 2021/1232 was initially designed as a transitional, temporary instrument serving as a link between the implementation of Directive (EU) 2018/1972, which brought number-independent interpersonal communications services within the scope of Directive 2002/58/EC starting on 21 December 2020, and the establishment of a permanent Regulation addressing the prevention and combatting of child sexual abuse online. Contrary to the co-legislators expectation, the absence of an agreed permanent Regulation requires the extension of the application of Regulation (EU) 2021/1232. However, this extension must not be prolonged any further, with a clear stipulation that it should not undergo a second prolongation, emphasising the unique nature of this circumstance.

RemovedRegulation (EU) 2021/1232

RemovedRecital 4 c (new), Recital 21: (4c) In Recital 21 of Regulation (EU) 2021/1232, the text is replaced by the following: / (21) In order to ensure transparency and accountability in respect of the activities undertaken pursuant to the derogation provided for by this Regulation, providers should, by 3 February 2022, and by 31 January every year thereafter, publish and submit reports to the competent supervisory authority designated pursuant to Regulation (EU) 2016/679 (‘supervisory authority’) and to the Commission. Such reports should cover processing falling within the scope of this Regulation, including the type and volumes of data processed, the specific grounds relied on for the processing of personal data pursuant to Regulation (EU) 2016/679, the grounds relied on for transfers of personal data outside the Union pursuant to Chapter V of Regulation (EU) 2016/679, where applicable, the number of cases of online child sexual abuse identified, the number of cases in which a user has lodged a complaint with the internal redress mechanism or sought a judicial remedy and the outcome of such complaints and judicial proceedings, the numbers and ratios of errors (false positives) of the different technologies used, the measures applied to limit the error rate and the error rate achieved, the retention policy and the data protection safeguards applied pursuant to Regulation (EU) 2016/679, and the names of the organisations acting in the public interest against child sexual abuse with which data have been shared pu…

Removed(32021R1232)

▸4 unchanged paragraphs

Regulation (EU) 2021/1232

Article -1 (new), Article 2 – point 3: Article -1 / In Article 2, the third paragraph is deleted.

(32021R1232)

Regulation (EU) 2021/1232

Change 3

ChangedArticle -1 a (new): Article -1a / Template for the reporting / (1)1. To ensure that the reports are machine-readable, providers shall publish the report in a CSV (comma-separated values) format. The Commission shall make available online the CSV- and XLSX-versions of the template in Annex I. / (2)2. For providers of number-independent interpersonal communications services, the first reporting cycle following the full entry into application date of Regulation (EU) 20XX/XX on 04 August 2024 shall cover the period 01from 1 January 2024 until 31 December 2024. In case the period 01from 1 January until 04 August 2024 does not follow the template set out in Annex I to this Regulation, it shall be included in a separate section of the next report.

Change 4

RemovedRegulation (EU) 2021/1232

RemovedArticle -1 b (new), Article 3 – paragraph 1 – point a – point i: Article -1b / In Article 3, paragraph 1, point (a)(i) is replaced by the following: / (i) strictly necessary for the use of specific technology for the sole purpose of detecting and removing online child sexual abuse material and reporting it to law enforcement authorities and to organisations acting in the public interest against child sexual abuse;

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RemovedRegulation (EU) 2021/1232

RemovedArticle -1 c (new), Article 3 – paragraph 1 – point d: Article -1c / In Article 3, paragraph 1, point (d) is replaced by the following: / (d) with regard to new technology, meaning technology used for the purpose of detecting online child sexual abuse mat erial that has not been used by any provider in relation to services provided to users of number-independent interpersonal communications services (‘users’) in the Union before 2 August 2021, the provider reports back to the competent authority on the measures taken to demonstrate compliance with written advice issued in accordance with Article 36(2) of Regulation (EU) 2016/679 by the competent supervisory authority designated pursuant to Chapter VI, Section 1, of that Regulation (‘supervisory authority’) in the course of the prior consultation procedure;

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RemovedRegulation (EU) 2021/1232

RemovedArticle -1 d (new), Article 3 – paragraph 1 – point f: Article -1d / In Article 3, paragraph 1, point (f) is deleted.

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RemovedRegulation (EU) 2021/1232

RemovedArticle -1 e (new), Article 3 – paragraph 1 – point g – point iii: Article -1e / In Article 3, paragraph 1, point (g)(iii) is replaced by the following: / ” (iii) ensure that material not previously identified as online child sexual abuse material, is not reported to law enforcement authorities or organisations acting in the public interest against child sexual abuse without prior human confirmation; ”

Removed(32021R1232)

RemovedRegulation (EU) 2021/1232

RemovedArticle -1 f (new), Article 3 – paragraph 1 – point g – point iii – point 4: Article -1f / In Article 3, paragraph 1, point (g)(iii)(4) is replaced by the following: / ” (4) the number of cases of online child sexual abuse identified; ”

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Regulation (EU) 2021/1232

Change 5

ChangedArticle 1 – paragraph 1, Article 10 – paragraph 2: It shall apply until 3 May 2025.2025, after which it shall elapse permanently.

Change 6

ChangedAnnex 1 a (new): ANNEX I / Template for providers of number-independent interpersonal communications services / PART I / GENERAL REMARKS / Pursuant to Article 3(1), point f, subparagraph (vii) of Regulation 2021/1232, providers of number-independent interpersonal communications services shall fill in the templates in this Annex. / These are the categories inof thedata under this Regulation: / (1) the type and volumes of data processed; / (2) the specific ground relied on for the processing pursuant to Regulation (EU) 2016/679; / (3) the ground relied on for transfers of personal data outside the Union pursuant to Chapter V of Regulation (EU) 2016/679, where applicable; / (4) the number of cases of online child sexual abuse identified, differentiating between online child sexual abuse material; / (5) the number of cases in which a user has lodged a complaint with the internal redress mechanism or with a judicial authority and the outcome of such complaints; / (6) the numbers and ratios of errors (false positives) of the different technologies used; / (7) the measures applied to limit the error rate and the error rate achieved; / (8) the retention policy and the data protection safeguards applied pursuant to Regulation (EU) 2016/679; / (9) the names of the organisations acting in the public interest against child sexual abuse with which data has been shared pursuant to this Regulation;

As Regulation 2021/1232 does not provide a template for the reporting, providers shared different types of information which were not necessarily comparable which makes it necessary to establish a template to fulfil the obligation for reporting by providers pursuant to Article 3(1)(g)(vii) of Regulation (EU) 2021/1232