Article 13 of ePrivacy Regulation: Exceptions to presentation and restriction of calling and connected line identification, to rejection of incoming calls and to provide access to emergency services (Proposed Text)
The proposed text for ePrivacy Regulation Article 13 from the 4th of May, 2018 is below, covering the exceptions to presentation and restriction of calling and connected line identification, to rejection of incoming calls and to provide access to emergency services. This will likely change in the next month or two as they are meeting to discuss the changes to the current ePrivacy Directive. We will update accordingly. Negotiations continue about the precise text and the current version gives one year from the date of entry into force for implementation. We will post the full text when it is available.
Article 13: Exceptions to presentation and restriction of calling and connected line identification, to rejection of incoming calls and to provide access to emergency services
1. Regardless of whether the calling end-user has prevented the presentation of the calling line identification, where emergency communications are made to emergency services, providers of number-based interpersonal communications services shall override the elimination of the presentation of the calling line identification and the denial or absence of consent of an end-user for the processing of metadata, on a per-line basis for organisations dealing with emergency communications, including public safety answering points, for the purpose of responding to such communications.
1a. Notwithstanding Article 8(1), regardless whether the called end-user rejects incoming calls where the presentation of the calling line identification has been prevented by the calling end-user, providers of number-based interpersonal communications services shall override this choice, where technically possible, when the calling end-user is an organisation dealing with emergency communications, including public safety answering points, for the purpose of responding to such communications.
2. Member States shall establish more specific provisions with regard to the establishment of transparent procedures and the circumstances where providers of number-based interpersonal communication services shall override, or otherwise address, the elimination of the presentation of the calling line identification on a temporary basis, where end-users request the tracing of unwanted, malicious or nuisance calls.
3. Regardless of whether the end-user has prevented access to the terminal equipment’s Global Navigation Satellite Systems (GNSS) capabilities capabilities or other types of terminal equipment based location data through the terminal equipment settings, when a call is made to emergency services, such settings may not prevent access to such location data to determine and provide the calling end-user’s location to an organisation dealing with emergency communications, including public safety answering points, for the purpose of responding to such calls.
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