Tuesday 11th December 2018

ePrivacy Proposal

This text is a draft proposal published by the European Council on 4th May, 2018

Chapter 1 (Articles 1 - 4)

General provisions

Chapter 2 (Articles 5 - 11)

Protection of electronic communications of end-users and of the integrity of their terminal equipment

Chapter 3 (Articles 12 - 17)

End-users' rights to control electronic communications

Chapter 4 (Articles 18 - 20)

Independent supervisory authorities and enforcement

Chapter 5 (Articles 21 - 24)

Remedies, liability and penalties

Chapter 6 (Articles 25 - 26)

Delegated Acts and Implementing Acts

Chapter 7 (Articles 27 - 29)

Final provisions

Recitals (1-42)

Select an Article

Select a Recital

Recital 28

Bases for identifying calling lines

(28) There is justification for overriding the elimination of calling line identification presentation in specific cases. End-users’ rights to privacy with regard to calling line identification should be restricted where this is necessary to trace malicious or nuisance calls and with regard to calling line identification and location data where this is necessary to allow emergency services, such as eCall, to carry out their tasks as effectively as possible. Location information established by the terminal equipment, using its built-in Global Navigation Satellite Systems (GNSS) capabilities or other types of terminal equipment based location data, such as location data derived from the WiFi functionality, may supplement the location data supplied by providers of number-based interpersonal communications services when a call is made to emergency services. The temporary denial or absence of consent of an end-user to access location data provided by the terminal equipment GNSS, for example, because location settings are turned off, shall not prevent the transfer of such information to emergency services for the purposes of facilitating access to such services. Directive 2014/53/EU empowers the Commission to adopt delegated acts requiring that specific categories or classes of radio equipment support certain features ensuring access to emergency services.