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Parliamentary questions
26 April 2010
E-1621/2010(ASW)
Reply
Question reference: E-1621/2010

It is not for the Council to interpret Directive 95/46/EC(1). Furthermore, the Commission, as guardian of the treaties, is responsible for overseeing Member States' application of EC law.

As to the third question related to the principles of network neutrality and privacy, Directive 2002/58/EC of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (the ePrivacy Directive)(2) as amended by Directive 2009/136/EC(3) sets out the rules and safeguards to be observed when processing personal data and other sensitive information in the context of the provision of electronic communication services. It provides for the required harmonisation of the provisions of the Member States to ensure an equivalent level of protection of fundamental rights and freedoms, in particular the right to privacy and the right to confidentiality, with respect to the processing of personal data in the electronic communications sector, and to ensure the free movement of such data and of electronic communications equipment and services in the EU. Directive 2009/136/EC also introduces rules on technological neutrality in the field of information technology and telecommunications.

(1)OJ L 281, 23.11.1995, p. 31.
(2)OJ L 201, 31.7.2002, p. 37.
(3)OJ L 337, 18.12.2009, p. 11.

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