Dear Anna,
Please find attached a first draft on the Proposal regarding Terrorist Content
Online. Since the Proposal is not big and is also (rather) well drafted, an Opinion
would be quite brief, so I was not sure whether we want to go there. If you
consider that we should go for an Opinion, the necessary changes can be done
fast.
https://saas.fabasoft.com/edps/mx/COO.6515.100.2.339223
Best,
[1] See at page 105-106 of the Impact Assessment: “the requirement under option 3 for HSP to
preserve content removed through proactive measures would have an impact on the right to data
protection and privacy, as it is likely that preservation of the aforesaid content will also involve
retention of the data related to the content provider (and possibly other third parties).”
[2] The Impact Assessment specifies the double function of this repository, namely “as a safeguard
in cases of erroneous removal and to facilitate criminal investigations”, at page 7; and “to ensure
the existence of evidence for any potential criminal investigations”, at page 29.
Recital 20 of the Proposal refers to the obligation to preserve content “for investigative and
prosecutorial purposes”; “the required preservation of data is limited to data that is likely to have a
link with terrorist offences”.
2