At a Glance – Squaring privacy rules with measures to combat child sexual abuse online – 01-07-2021

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, stipulating the legality of these practices with respect to the wider EU data protection framework. During its July plenary session, the European Parliament is due to vote at first reading on the final text resulting from interinstitutional negotiations.

Source : © European Union, 2021 – EP

Related Articles

Briefing – Protection of animals during transport: Data on live animal transport – 07-07-2021

Each year, millions of live animals are transported by road, sea, rail and air within, and to and from, the European Union, for a number of reasons, such as slaughter, fattening or breeding. To protect their welfare during those journeys, the EU adopted Regulation 1/2005 on the protection of animals during transport. An evaluation of the regulation showed that, when correctly implemented and enforced, it had a positive impact on animal welfare. However, in some areas weaknesses still persist, largely due to insufficient implementation. In the light of these conclusions, and bearing in mind its 2012-2015 animal welfare strategy, the European Commission announced its intention to revise the animal welfare legislation, including legislation on animal transport. Despite the action taken, however, in recent years, repeated breaches of the rules, resulting in accidents and severe animal welfare crises, have been highlighted by EU and national control bodies and by animal welfare organisations. On 19 June 2020, the European Parliament set up the Committee of Inquiry on the Protection of Animals during Transport (ANIT). The work of the committee focused on investigating how EU rules laid down in Regulation 1/2005 are being implemented by Member States and enforced by the European Commission. It held public hearings with the participation of stakeholders, representatives of national authorities and experts. Insight from these debates fed into the committee’s report and recommendations to Council and the Commission. This briefing is one of four requested by the ANIT committee to provide research and analysis following the results of a questionnaire sent out by the committee to Member States. It gives an overview of available data on the transport of live animals.

Source : © European Union, 2021 – EP

Briefing – Rail passengers’ rights and obligations in the EU – 12-07-2021

In 2007, the EU established a set of basic rights for rail passengers, which became applicable at the end of 2009. These rights provide for all passengers, including those with reduced mobility, a harmonised minimum level of protection, information and assistance. Reports have concluded that the implementation of these rights, although relatively smooth, is not done uniformly across the EU. Moreover, other shortcomings have prevented these rights from being used to their full potential. In September 2017, the European Commission presented a new proposal to address these issues and to strike a new balance between keeping rail operators competitive and providing adequate passenger protection. The European Parliament adopted its first-reading position on this proposal on 15 November 2018. For its part, the Council adopted its general approach on 2 December 2019, under the Finnish Presidency. Interinstitutional negotiations began at the end of January 2020, and on 1 October 2020, under the Germany Presidency, Council and Parliament reached a provisional agreement on the text. On 29 April 2021, the European Parliament voted in favour of the agreed text as adopted by the Council. The new rules were published in the Official Journal of the EU on 17 May 2021. They will apply in principle to all international and domestic rail journeys and services in the EU from 7 June 2023. However, Member States may exempt domestic rail services for a limited time. Seventh edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Source : © European Union, 2021 – EP

Briefing – Re-starting tourism in the EU amid the pandemic – 13-07-2021

Tourism plays an enormously important role in the EU economy and society. It generates foreign exchange, supports jobs and businesses, and drives forward local development and cultural exchanges. It also makes places more attractive, not only as destinations to visit but also as locations to live, work, invest and study. Furthermore, as tourism is closely linked with many other sectors – particularly transport – it also affects the wider economy. The coronavirus pandemic has hit the tourism sector hard. The impact on various tourist destinations in the EU has been asymmetrical and highly localised, reflecting differences in types of tourism on offer, varying travel restrictions, the size of domestic tourism markets, level of exposure to international tourism, and the importance of tourism in the local economy. At the beginning of summer 2021, several EU Member States started to remove certain travel restrictions (such as the requirements for quarantine or testing for fully vaccinated travellers coming from certain countries). However, all continue to apply many sanitary and health measures (such as limits on the number of people in common areas, and cleaning and disinfection of spaces). Such measures and restrictions change in line with the evolving public health situation, sometimes at short notice, making recovery difficult for the sector. The EU and its Member States have provided the tourism sector with financial and other support. Some measures were already adopted in 2020. Others were endorsed only shortly before the beginning of summer 2021. One flagship action has been the speedy adoption of an EU Digital Covid Certificate. This certificate harmonises, at EU level, proof of vaccination, Covid-19 test results and certified recovery from the virus. However, it does not end the patchwork of travel rules. Despite efforts to harmonise travel rules at Council level, Member States still apply different rules to various categories of traveller (such as children or travellers arriving from third countries).

Source : © European Union, 2021 – EP

Briefing – Measures to advance the realisation of the trans-European transport network: Integrated and faster project procedures – 02-07-2021

With the trans-European transport network (TEN-T) policy, the European Union seeks to develop a modern, efficient and climate-friendly network covering all transport modes. Despite the TEN-T’s importance for the economy and society, and despite the binding timelines and targeted financial support, it risks not being completed as planned. This is partly due to complex administrative procedures linked to permit-granting for cross-border projects as well as broader regulatory uncertainty, often resulting in delays and increased cost. To speed up the network’s completion, the Commission has proposed regulatory measures to integrate and shorten permit-granting for projects, and facilitate public consultations and the involvement of private investors. On 8 June 2020, the Parliament and the Council agreed on a ‘smart TEN-T directive’, with this legal form giving Member States more flexibility. The text could not however be adopted before the finalisation of the new Connecting Europe Facility programme, as the annexes of both texts are interlinked. The Council adopted its first-reading position on the ‘smart TEN-T directive’ on 14 June 2021 and the Parliament is due to vote on it during the July plenary session. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Source : © European Union, 2021 – EP

Briefing – European Union data challenge – 28-07-2021

The exponential growth and importance of data generated in industrial settings have attracted the attention of policymakers aiming to create a suitable legal framework for its use. While the term ‘industrial data’ has no clear definition, such data possess certain distinctive characteristics: they are a subset of big data collected in a structured manner and within industrial settings; they are frequently proprietary and contain various types of sensitive data. The GDPR rules remain of great relevance for such data, as personal data is difficult to be filtered out from mixed datasets and anonymisation techniques are not always effective. The current and planned rules relevant for B2B sharing of industrial data exhibit many shortcomings. They lack clarity on key issues (e.g. mixed datasets), increase the administrative burden for companies, yet not always provide the data protection that businesses need. They do not provide an additional value proposition for B2B data sharing and hinder it in some cases. While this situation warrants policy intervention, both the instrument and its content should be carefully considered. Instead of a legal instrument, soft law could clarify the existing rules; model terms and conditions could be developed and promoted and data standardisation and interoperability efforts supported.

Source : © European Union, 2021 – EP

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