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Article 2 of Directive 2002/21 provides:
‘For the purposes of this Directive:
…
(c)
“electronic communications service” means a service normally provided for remuneration
which consists wholly or mainly in the conveyance of signals on electronic communications
networks, including telecommunications services and transmission services in networks used
for broadcasting, but exclude services providing, or exercising editorial control over, content
transmitted using electronic communications networks and services; it does not include
information society services, as defined in Article 1 of Directive [98/34], which do not consist
wholly or mainly in the conveyance of signals on electronic communications networks;
…’
Directive 2002/58
14
Recitals 2, 6, 7, 11, 22, 26 and 30 of Directive 2002/58 state:
‘(2)
This Directive seeks to respect the fundamental rights and observes the principles
recognised in particular by the [Charter]. In particular, this Directive seeks to ensure full
respect for the rights set out in Articles 7 and 8 of that Charter.
…
(6)
The Internet is overturning traditional market structures by providing a common, global
infrastructure for the delivery of a wide range of electronic communications services. Publicly
available electronic communications services over the Internet open new possibilities for
users but also new risks for their personal data and privacy.
(7)
In the case of public communications networks, specific legal, regulatory and technical
provisions should be made in order to protect fundamental rights and freedoms of natural
persons and legitimate interests of legal persons, in particular with regard to the increasing
capacity for automated storage and processing of data relating to subscribers and users.
…
(11)
Like Directive [95/46], this Directive does not address issues of protection of fundamental
rights and freedoms related to activities which are not governed by [Union] law. Therefore it
does not alter the existing balance between the individual’s right to privacy and the possibility
for Member States to take the measures referred to in Article 15(1) of this Directive,
necessary for the protection of public security, defence, State security (including the economic
well-being of the State when the activities relate to State security matters) and the
enforcement of criminal law. Consequently, this Directive does not affect the ability of
Member States to carry out lawful interception of electronic communications, or take other
measures, if necessary for any of these purposes and in accordance with the European
Convention for the Protection of Human Rights and Fundamental Freedoms, [signed in Rome
on 4 November 1950,] as interpreted by the rulings of the European Court of Human Rights.
Such measures must be appropriate, strictly proportionate to the intended purpose and
necessary within a democratic society and should be subject to adequate safeguards in
accordance with the European Convention for the Protection of Human Rights and
Fundamental Freedoms.
2/15/2021, 4:58 PM