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With internet-based communications services, such as webmail, messaging services and internet telephony, becoming subject to the strict confidentiality requirements of the e-Privacy Directive, providers' deployments of specific technologies to detect, report and remove child sexual abuse material online now appear unlawful. To accommodate such practices, the European Commission proposed a regulation that would temporarily exempt them from certain provisions of the e-Privacy Directive, without, however ...

The spectrum auctions of fifth-generation (5G) mobile telecoms networks planned in 17 EU Member States for 2019 or 2020 have sparked a highly politicised debate in the EU about whether the use of Chinese 5G equipment in critical EU infrastructure poses a threat to security. While Australia, Japan, and New Zealand have followed the United States (US) in imposing a (partial) ban on Chinese telecom vendors, EU Member States appear to privilege EU-coordinated national risk-mitigating measures over a ...

One of the 16 key elements of the Commission’s digital single market strategy, presented in 2015, was a legislative proposal to facilitate the free flow of non-personal data. The mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas in the second half of the strategy’s implementation. It found the European data economy could grow 18-fold, given favourable policy and legislative conditions, representing 4 % of EU GDP by 2020. On 13 ...

In order to avoid conflict with the freedom to conduct a business and the freedom of contract the wording of article 4(1) should be amended and be addressed to the Member States; • The proposal underplays that information security has a legal dimension to it, notoriously so because member states’ national security activities operate outside the scope of EU law; • The principle aversion against locality that emanates from the proposal may not be fully aligned with state-of-the-art technology where ...

Data is not static in a personal/non-personal classification – with modern analytic methods, certain non-personal data can help to generate personal data – so the distinction may become blurred. Thus, de-anonymisation techniques with advances in artificial intelligence (AI) and manipulation of large datasets will become a major issue. In some new applications, such as smart cities and connected cars, the enormous volumes of data gathered may be used for personal information as well as for non-personal ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above Commission proposal (the proposal), submitted on 13 September 2017 and referred to Parliament's Committee on Internal Market and Consumer Protection (IMCO). The creation of a connected digital single market is one of the ten priorities identified by Commission President Jean-Claude Juncker in his political guidelines for the Commission at the start ...

Preventing radicalisation in the EU

Kratki prikaz 18-11-2015

The tragic attacks of 13 November in Paris have again painfully demonstrated the immediate security threat deriving from radicalisation, recruitment of EU citizens by terrorist organisations and 'foreign fighters'. The competence for national security lies with the Member States, but the cross border nature of these complex threats requires a coordinated response at EU level.

Although EU Regulation 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items system is in line with the main export control regimes and is seen as a model for others to follow, there are a number of ways in which the regulation could be enhanced and refined. Part One outlines the current state of play, purpose and implementation of the current regulation. In Part Two, against the backdrop of the European Commission's reform proposal ...

Parliamentary Immunity in Italy

Detaljna analiza 01-10-2015

This in-depth analysis was commissioned by the policy department on citizens' rights and constitutional affairs at the request of the JURI committee. It proposes to view the legal basis and practical developments of parliamentary privilege in Italy, providing an insight into the peculiarities of the country’s experience, with reference also to recent cases.

The main objective of part two of this study is to provide the European Parliament with policy options, based on technology foresight, with regard to the protection of the EuropeanInformation Society against mass surveillance from a perspective of technology and organisational foresight. Four scenarios with two to four technology options each were developed in this study, leading to twenty-three policy options.