Regulation 2021/1232 - Temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse - Main contents
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Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2021/1232 |
| Original proposal | COM(2020)568  |
| CELEX number i | 32021R1232 |
| Document | 14-07-2021; Date of signature |
|---|---|
| Publication in Official Journal | 30-07-2021; OJ L 274 p. 41-51 |
| Signature | 14-07-2021 |
| Effect | 02-08-2021; Entry into force Date pub. +3 See Art 10 |
| Deadline | 03-09-2021; See Art 3.2(b) And 3.3(b) And 4 And 7.1 03-10-2021; See Art 7.2 03-02-2022; See Art 3.1(vii) 03-04-2022; See Art 3.2 And 3.3 03-08-2022; See Art 8.1 03-08-2023; See Art 9.1 |
| End of validity | 03-08-2024; See Art. 10 |
30.7.2021 |
EN |
Official Journal of the European Union |
L 274/41 |
REGULATION (EU) 2021/1232 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 July 2021
on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2), in conjunction with Article 114(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Directive 2002/58/EC of the European Parliament and of the Council (3) lays down rules ensuring the right to privacy and confidentiality with respect to the processing of personal data in exchanges of data in the electronic communication sector. That Directive particularises and complements Regulation (EU) 2016/679 of the European Parliament and of the Council (4). |
(2) |
Directive 2002/58/EC applies to the processing of personal data in connection with the provision of publicly available electronic communication services. Until 21 December 2020, the definition of ‘electronic communication service’ set out in Article 2, point (c), of Directive 2002/21/EC of the European Parliament and of the Council (5) applied. On that date, Directive (EU) 2018/1972 of the European Parliament and of the Council (6) repealed Directive 2002/21/EC. The definition of ‘electronic communications service’ in Article 2, point (4), of Directive (EU) 2018/1972 includes number-independent interpersonal communications services as defined in Article 2, point (7), of that Directive. Number-independent interpersonal communications services, which include, for example, Voice over internet Protocol, messaging and web-based email services, were therefore brought within the scope of Directive 2002/58/EC on 21 December 2020. |
(3) |
In accordance with Article 6(1) of the Treaty on European Union (TEU), the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union (the ‘Charter’). Article 7 of the Charter protects the fundamental right of everyone to the respect for his or her private and family life, home and communications, which includes the confidentiality of communications. Article 8 of the Charter contains the right to the protection of personal data. |
(4) |
Article 3(1) of the 1989 United Nations Convention on the Rights of the Child (UNCRC) and Article 24(2) of the Charter provide that, in all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration. Article 3(2) UNCRC and Article 24(1) of the Charter furthermore evoke the right of children to such protection and care as is necessary for their well-being. |
(5) |
The protection of children, both offline and online, is one of the Union’s priorities. Sexual abuse and sexual exploitation of children constitute serious violations of human and fundamental rights, in particular of the rights of children to be protected from all forms of violence, abuse and neglect, maltreatment or exploitation, including sexual abuse, as provided for by the UNCRC and by the Charter. Digitalisation has brought about many benefits for society and the economy, but it has also brought about challenges, including an increase of online child sexual abuse. On 24 July 2020, the... |
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