EdLaw
Subject matter, scope and definitions
What the Directive covers — the processing of personal data in connection with publicly available electronic communications services in public communications networks — and the definitions (consent by reference to the data-protection regime, traffic data, location data, value added service).
Article 1 — Scope and aim
Verbatim from EUR-Lex (Directive 2002/58/EC (ePrivacy) 02002L0058-20091219), via the Publications Office Cellar API.
1. This Directive provides for the harmonisation of the national provisions required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and confidentiality, with respect to the processing of personal data in the electronic communication sector and to ensure the free movement of such data and of electronic communication equipment and services in the Community.
2. The provisions of this Directive particularise and complement Directive 95/46/EC for the purposes mentioned in paragraph 1. Moreover, they provide for protection of the legitimate interests of subscribers who are legal persons.
3. This Directive shall not apply to activities which fall outside the scope of the Treaty establishing the European Community, such as those covered by Titles V and VI of the Treaty on European Union, and in any case to activities concerning public security, defence, State security (including the economic well-being of the State when the activities relate to State security matters) and the activities of the State in areas of criminal law.
Article 2 — Definitions
Verbatim from EUR-Lex (Directive 2002/58/EC (ePrivacy) 02002L0058-20091219), via the Publications Office Cellar API.
Save as otherwise provided, the definitions in Directive 95/46/EC and in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) ( ^8 ) shall apply.
The following definitions shall also apply:
- (a) ‘user’ means any natural person using a publicly available electronic communications service, for private or business purposes, without necessarily having subscribed to this service;
- (b) ‘traffic data’ means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof;
- (c) ‘location data’ means any data processed in an electronic communications network or by an electronic communications service, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications service;
- (d) ‘communication’ means any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of a broadcasting service to the public over an electronic communications network except to the extent that the information can be related to the identifiable subscriber or user receiving the information;
- (f) ‘consent’ by a user or subscriber corresponds to the data subject's consent in Directive 95/46/EC;
- (g) ‘value added service’ means any service which requires the processing of traffic data or location data other than traffic data beyond what is necessary for the transmission of a communication or the billing thereof;
- (h) ‘electronic mail’ means any text, voice, sound or image message sent over a public communications network which can be stored in the network or in the recipient's terminal equipment until it is collected by the recipient;
- (i) ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a publicly available electronic communications service in the Community.
Article 3 — Services concerned
Verbatim from EUR-Lex (Directive 2002/58/EC (ePrivacy) 02002L0058-20091219), via the Publications Office Cellar API.
This Directive shall apply to the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the Community, including public communications networks supporting data collection and identification devices.
Sources
Meta
All article text above is reproduced verbatim from the EUR-Lex consolidated ePrivacy Directive (CELEX 02002L0058-20091219 — Directive 2002/58/EC as amended by Directives 2006/24/EC and 2009/136/EC), extracted mechanically via the Publications Office Cellar API — see tools/eur-lex/build_eu_eprivacy.py, whose verify mode confirms every source paragraph appears verbatim. Do not hand-edit article text. Anchors: official ELI ids (e.g. {#art_5}, valid as EUR-Lex HTML fragments) plus derived paragraph/point anchors from printed labels (e.g. {#art_5-3}).