Примери за използване на Telephone and data traffic на Английски и техните преводи на Български
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Make explicit that access to telephone and data traffic directly from telecom companies is excluded.
Article 61(2)(d) of the Proposal empowers ESMA to‘require records of telephone and data traffic'(emphasis added).
(9) Normally the employees to whom the telephone and data traffic can be imputed as well as recipients and other users concerned.
The Proposal does not require prior judicial authorisation in order for ESMA to require access to records of telephone and data traffic.
Limit the power to require access to records of telephone and data traffic to trade repositories.
Access to telephone and data traffic records held by a telecommunications operator does not encompass access to the content of voice communications by telephone. .
In the first place,the meaning of‘records of telephone and data traffic' is not entirely clearand thus needs to be clarified.
As will be further explained below, the scope of the provision and in particular the exact meaning of‘records of telephone and data traffic' is not clear.
The provision might refer to records of telephone and data traffic, which trade repositories are obliged to retain in the course of their activities.
Therefore, should the provision refer to recordsheld by trade repositories, it is essential to define precisely the categories of telephone and data traffic that have to be retainedand can be required by ESMA.
Records of telephone and data traffic concerned will obviously involve personal data within the meaning of Directive 95/46/EC, Directive 2002/58/EC and Regulation(EC) No 45/2001.
The EDPS therefore strongly recommends specifying the categories of telephone and data traffic records which competent authorities can require.
The EDPS recommends introducing also the obligation for ESMA to report periodically on the use of its investigatory powers and particularly the power to require records of telephone and data traffic.
In particular, the potential addressees of a request to provide records of telephone and data traffic are not specified in Article 61(2)(d).
Clearly specify the categories of telephone and data traffic records which trade repositories are required to retain and/or to provide to the competent authorities.
This provision might therefore be used to further specify record-keeping requirements of trade repositories and thus, indirectly,the power granted by ESMA to access records of telephone and data traffic.
It is not clear in particular whether the powers to require records of telephone and data traffic would only be limited to trade repositories(16).
Limit access to records of telephone and data traffic to identified and serious violations of the proposed regulationand in cases where a reasonable suspicion(which should be supported by concrete initial evidence) exists that a breach has been committed.
However, none of these provisions specifies if and what records of telephone and data traffic must be retained by trade repositories(14).
It grants regulators the power to obtain telephone and data traffic records from telecoms operators or to access private documents or premises where a reasonable suspicion exists of insider dealing or market manipulation.
Existing recordings of telephone conversations and data traffic records from investment firms, credit institutions and financial institutions executing and documenting the execution of transactions, as well as existing telephone and data traffic records from telecommunications operators, constitute crucial, and sometimes the only, evidence to detect and prove the existence of insider dealing and market manipulation.
Telephone and data traffic records may establish the identity of a person responsible for the dissemination of false or misleading information or that persons have been in contact at a certain time, and that a relationship exists between two or more people engaged in market manipulation.
The present proposal empowers ESMA to‘require records of telephone and data traffic' in order to carry out duties related to the supervision of trade repositories.
The EDPS recommends limiting access to records of telephone and data traffic to specifically identifiedand serious violations of the proposed regulation and in cases where a reasonable suspicion(which should be supported by concrete initial evidence) exists that a breach has been committed.
Several instruments oblige Member States to grant the power to require telephone and data traffic records to national authorities‘in conformity with national law'(28).
The EDPS recommends introducing the requirement for ESMA to request records of telephone and data traffic by formal decision specifying the legal basisand the purpose of the request and what information is required, the time-limit within which the information is to be provided as well as the right of the addressee to have the decision reviewed by the Court of Justice.
According to Article 61(2)ESMA may require access to records of telephone and data traffic‘in order to carry out the duties set out in Articles 51 to 60, 62 and 63'.
Clarify that trade repositories shall provide records of telephone and data traffic only where they are requested by formal decision specifying, among others, the right to have the decision reviewed by the Court of Justice.
In order to be considered necessary and proportionate,the power to require records of telephone and data traffic should be limited to what is appropriate to achieve the objective pursuedand not go beyond what is necessary to achieve it.
No such condition is contained in the instruments which grant the power to require telephone and data traffic records directly to EU authorities, such as in the present proposal on OTC derivatives and the above-mentioned proposal for a Regulation amending Regulation 1060/2009 on credit rating agencies(the‘CRA Proposal').