Brussels, Feb. 10, 2021 (Lusa) – The Council of the European Union (EU) on Wednesday approved the start of the review of rules on privacy in electronic communications, which aims to increase online protection for users by mandating the Portuguese presidency to negotiate with the European Parliament.

"It was approved by a majority" at today's meeting of Member States' ambassadors to the EU, a source linked to the process told the Lusa agency.

Meanwhile, in a communiqué, the Council confirmed that "member states have agreed on a negotiating mandate to review the rules on the protection of privacy and confidentiality in the use of electronic communications services", thus allowing the Portuguese presidency to "now start talks with the European Parliament on this important proposal".

"These updated rules will define the cases in which service providers are allowed to process electronic communications data or to have access to data stored on end users' devices".

The document approved today, to which the Lusa agency had access, states that the aim is to follow up the proposal for regulation on privacy and electronic communications (ePrivacy proposal) adopted by the European Commission in 2017 and which provides for a review of the 2002 law.

"The aim of the Commission proposal was to ensure the protection of fundamental rights and freedoms, in particular the rights to respect for private life and communications and the protection of personal data in the electronic communications sector," the Portuguese presidency recalled in the document.

To that end, the new rules lay down "provisions ensuring the confidentiality of electronic communications, including provisions on the protection of users' terminal equipment, as well as provisions on the control of end-users over their electronic communications".

"The proposal also covers rules on enforcement and control authorities".

Speaking at a hearing of the European Parliament's Committee on Industry, Research and Energy at the end of January, Portuguese Minister for Infrastructure Pedro Nuno Santos noted that "four years is a long time" and argued that "the length of this discussion in the Council is not acceptable".

"It is not acceptable that we do not yet have an updated regime that guarantees digital privacy", he stressed, guaranteeing that the Portuguese presidency of the Council of the EU will "work to achieve a general approach" to the ePrivacy proposal.

Now quoted in the Council's communiqué, Pedro Nuno Santos argues that "robust privacy rules are vital to create and maintain trust in a digital world".

"We now have a mandate that strikes a good balance between solid protection of individuals' privacy and promoting the development of new technologies and innovation," said Pedro Nuno Santos, ensuring that "the Portuguese presidency is delighted to start talks with the European Parliament now.

This update of the 2002 rules aims at taking into account new technological and market developments as well as legislation in the meantime in force such as the general data protection regulation.

It will now be up to the Council and the European Parliament to negotiate the terms of the final text.

ANE/AYLS // AYLS

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