But it will keep an amendment for processing traffic data in support of graduated response, in the e-Privacy directive.

 

The European Council review of the e-Privacy directive in the Telecoms Package will dump a proposal for a study on IP addresses  from the European Data Protection Supervisor (EDPS). The proposal was included in the Telecom Package - Universal Service

Directive, Article 18  -  in September. It followed concerns raised by the Data Protection Supervisor in relation to  various privacy issues and the way they were being addressed in the Telecoms Package. He expressed particular concern about IP addresses and the issue of whether or not they should be regarded as personal data, and an amendment  that were then in the Telecoms Package.  That amendment attempted to define the circumstances when an IP address is or is not considered to be personal data. The Data Protection Supervisor said in a  report that, in view of the complexity of this topic, it should be separately addressed through a study.  Following his intervention, an amendment was agreed, which proposed setting up a study to look into the issue.

I have had sight of the French Presidency's compromise proposal  (but am not in a position to publish it). This particular amendment, is not in the document, and is therefore presumed to be dropped. 

Amendment 181 of the Harbour report, which permits the processing of retained traffic data for the purposes of graduated response, remains in the proposal. 

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