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Volume: 3 Issue: 6
(June 2017)

Keywords:
eu libe committee draft report eprivacy regulation supports encryption civil liberties justice home affairs (‘libe committee european parliament released

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EU Europe

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EU LIBE Committee draft Report on ePrivacy Regulation supports encryption

The Civil Liberties, Justice and Home Affairs (‘LIBE’) Committee of the European Parliament released on 9 June 2017 its draft report (‘Draft Report’) on the European Commission’s proposal for a Regulation of the European Parliament and of the Council on Privacy and Electronic Communications (‘the Draft ePrivacy Regulation’), which aims to repeal Directive 2002/58/EC. The Draft Report proposes a number of amendments to the Draft ePrivacy Regulation, after having received input from institutions and stakeholders.

In particular Amendment 116 of the Draft Report contains strong wording on the use by communication service providers of encryption, stating that ‘when encryption of electronic communications data is used, decryption, reverse engineering or monitoring of such communications shall be prohibited’ and further that ‘Member States shall not impose any obligations on electronic communications service providers that would result in the weakening of the security and encryption of their networks and services.’

Following the presentation of the Draft Report to the LIBE Committee on 21 June 2017 and presuming it is successfully adopted, the Draft Report will then need to be adopted by the Plenary of the European Parliament, prior to the trilogue process on the Draft ePrivacy Regulation also involving the European Commission and the European Council.

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