Hungarian Presidency Proposes Review of e-Privacy Directive
The Hungarian presidency of the Council of the European Union is advocating for a renewed examination of the e-Privacy directive, as indicated in the latest draft Council conclusions dated October 9. This document represents the third version and the second compromise among the 27 member states, who aim to adopt a unified response to the European Commission’s February white paper on digital infrastructure needs during the upcoming Telecom Council of Ministers meeting in December.
The current draft emphasizes the importance of horizontal privacy regulation to maintain a competitive digital ecosystem. It suggests reassessing telecommunications privacy to align with technological advancements and ensure the confidentiality of electronic communications. This shift in focus may prioritize the review of the 2002 e-Privacy directive, which has been stalled since a failed review attempt in 2017. The proposed review could extend privacy and security requirements from SMS and MMS to social media messaging.
In terms of telecom consolidation, the revised document urges national regulatory authorities to evaluate consolidation efforts to foster effective competition in the market. The language has softened from previous drafts, which noted that consolidation could enhance investment in the industry. The new wording stresses that any recognition of market-driven consolidation creating economies of scale must be subject to regulatory assessment.
The text also addresses spectrum management, supporting the current system that grants member states significant authority. It highlights the need for EU support in mitigating malicious spoofing or jamming incidents, particularly referencing GPS jamming experienced by several member states. Additionally, the document leans toward recommendations from major telecom operators regarding green investments, suggesting that the EU taxonomy for such investments could incentivize the rollout of fiber and 5G networks.
