Article 15 of ePrivacy Regulation: Publicly available directories (Proposed Text)
The proposed text for ePrivacy Regulation Article 15 from the 4th of May, 2018 is below, covering publicly available directories. 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 15: Publicly available directories
1. The providers of number-based interpersonal communications services shall obtain the consent of end-users who are natural persons to include their personal data in the directory and for inclusion of such data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory.
1aa. Notwithstanding paragraph 1, Member States may provide by law that the inclusion of personal data of an end-user who is a natural person in a publicly available directory can take place provided that he end-user who is a natural person shall have the right to object to such inclusion.
2. The providers of number-based interpersonal communications services shall inform end-users who are natural persons whose personal data are in the directory of any search functions that is not based on name in the directory and obtain the consent of end-users’ before enabling such search functions related to their own data.
3. The providers of number-based interpersonal communications services shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory.
3a. The Providers of number-based interpersonal communications services shall give end-users the means to verify, correct and delete data included in a publicly available directory.
3aa. Notwithstanding paragraphs 1aa to 3a, Member States may provide by law that the requirements under those paragraphs apply to providers of publicly available directories, in addition to or instead of, providers of number-based interpersonal communications services.
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge.
4a. Where the personal data of the end-users of number based interpersonal communications services have been included in a publicly available directory before this Regulation enters into force, the personal data of such end-users may remain included in a publicly available directory, including version with search functions, unless the end-users have expressed their objection against their data being included in the directory or against the use of available search functions related to their data.
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