Activities of Wim van de CAMP related to 2012/0011(COD)
Plenary speeches (1)
Protection of individuals with regard to the processing of personal data - Processing of personal data for the purposes of crime prevention (debate)
Amendments (112)
Amendment 358 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure a consistent level of protection for individuals throughout the Union and to prevent divergences hampering the free movement of data within the internal market, a Regulation is necessary to provide legal certainty and transparency for economic operators, including micro, small and medium-sized enterprises, and to provide individuals in all Member States with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the processing of personal data, and equivalent sanctions in all Member States as well as effective co-operation by the supervisory authorities of different Member States. To take account of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a number of derogations. In additionhe level of protection of personal data and the measures to be taken by the controller or the processor should not be dependent on the size of the enterprise processing the personal data, but on the risk posed by such processing. However, the Union institutions and bodies, Member States and their supervisory authorities are encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of this Regulation. The notion of micro, small and medium-sized enterprises should draw upon Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises.
Amendment 396 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) This regulation recognises that pseudonymisation is in the benefit of all data subjects as, by definition, personal data is altered so that it of itself cannot be attributed to a data subject without the use additional data. By this, controllers should be encouraged to the practice of pseudonymising data.
Amendment 414 #
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given explicitunambiguously by any appropriate method within the context of the product or the service being offered enabling a freely given specific and informed indication of the data subject’s wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. This nevertheless leaves the provisions of 2002/58/EC untouched which state that under certain circumstances consent can be expressed via appropriate settings in the user’s device. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject’s consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
Amendment 420 #
Proposal for a regulation
Recital 26
Recital 26
(26) Personal data relating to health should include in particular all personal data pertaining to the health status of a data subject including genetic information; information about the registration of the individual for the provision of health services; information about payments or eligibility for healthcare with respect to the individual; a number, symbol or particular assigned to an individual to uniquely identify the individual for health purposes; any information about the individual collected in the course of the provision of health services to the individual; informationpersonal data derived from the testing or examination of a body part or, bodily substance, including or biological samples; identification of a person as provider of healthcare to the individual; or any information on e.g. a disease, disability, disease risk, medical history, clinical treatment, or the actual physiological or biomedical state of the data subject independent of its source, such as e.g. from a physician or other health professional, a hospital, a medical device, or an in vitro diagnostic test.
Amendment 423 #
Proposal for a regulation
Recital 27
Recital 27
(27) TWhere a controller or a processor has multiple establishments in the Union, including but not limited to cases where the controller or the processor is a group of undertakings, the main establishment of a controller in the Union for the purposes of this Regulation should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes, conditions and means of processing through stable arrangements. This criterion should not depend whether the processing of personal data is actually carried out at that location; the presence and use of technical means and technologies for processing personal data or processing activities do not, in themselves, constitute such main establishment and are therefore not determining criteria for a main establishment. The main establishment of the processor should be the place of its central administrationA group of undertakings may nominate a single main establishment in the Union.
Amendment 443 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 455 #
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controller or the third party to which the data have been transferred may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.
Amendment 467 #
Proposal for a regulation
Recital 40
Recital 40
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particular where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
Amendment 497 #
Proposal for a regulation
Recital 53
Recital 53
(53) Any person should have the right to have personal data concerning them rectified and a ‘the right to be forgotten’have such personal data erased where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for rheasons of public interlth purposest in the area of public healthaccordance with Article 81, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them. Also, the right to erasure should not apply when the retention of personal data is necessary for the performance of a contract with the data subject, or when there is a regulatory requirement to retain this data, or for the prevention of financial crime.
Amendment 513 #
Proposal for a regulation
Recital 58
Recital 58
(58) Every natural and legal person should have the right not to be subject to a measure which is based on profiling by means of automated processing. However, such measure and which produces legal effects concerning that natural or legal person or significantly affects that natural or legal person. Actual effects should be comparable in their intensity to legal effects to fall under this provision. This is not the case for measures relating to commercial communication, like for example in the field of customer relationship management or customer acquisition. However, a measure based on profiling by automated data processing and which produces legal effects concerning a natural or legal person or significantly affects a natural person should be allowed when expressly authorised by law, carried out in the course of entering or performance of a contract, or when the data subject has given his consent. In any case, such processing should be subject to suitable safeguards, including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child.
Amendment 524 #
Proposal for a regulation
Recital 62
Recital 62
(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller.
Amendment 529 #
Proposal for a regulation
Recital 65
Recital 65
(65) In order to demonstrate compliance with this Regulation, the controller or processor should document each processing operations, which following a risk assessment pose a high degree of risk to the fundamental rights of the data subjects, in particular their right to privacy. Each controller and processor should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations. Each processor should provide the controller with all information necessary to meet his obligations under this Regulation.
Amendment 532 #
Proposal for a regulation
Recital 65
Recital 65
(65) In order to demonstrate compliance with this Regulation, the controller or processor should document each processing operation under its responsibility. Each controller and processor should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations.
Amendment 544 #
Proposal for a regulation
Recital 70
Recital 70
(70) Directive 95/46/EC provided for a general obligation to notify processing of personal data to the supervisory authorities. While t allowing the Member States to exempt processing, which were unlikely to pose risks to the data subjects, from this obligation. This obligation produces administrative and financial burdens, and it did not in all cases contribute to improving the protection of personal data. Therefore such indiscriminate general notification obligation should be abolished, and replaced by effective procedures and mechanism which focus instead on those processing operations which are likely to present specifichigh degree of risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes. In such cases, a data protectionprivacy impact assessment should be carried out by the controller or processor prior to the processing, which should include in particular the envisaged measures, safeguards and mechanisms for ensuring the protection of personal data and for demonstrating the compliance with this Regulation.
Amendment 554 #
Proposal for a regulation
Recital 74
Recital 74
(74) Where a data protection impact assessment indicates that processing operations involve a high degree of specific risks to the rights and freedoms of data subjects, such as excluding individuals from their right, or by the use of specific new technologies, the supervisory authority should be consulted, prior to the start of operations, on a risky processing which might not be in compliance with this Regulation, and to make proposals to remedy such situation. Such consultation should equally take placecontroller should document the privacy impact assessment and make such assessment available to the supervisory authority upon request. The supervisory authority should be consulted in the course of the preparation either of a measure by the national parliament or of a measure based on such legislative measure which defines the nature of the processing and lays down appropriate safeguards.
Amendment 561 #
Proposal for a regulation
Recital 75
Recital 75
(75) Where the processing is carried out in the public sector or where, in the private sector, processing is carried out by a large enterprise, or where which relates to its core activities, regardless of the size of the enterprise, involve processing operations which require regular and systematic monitoring and poses a high degree of risk to the rights and freedoms of data subjects especially their right to privacy, such as the regular and systematic monitoring of data subjects, irrespective of the measures taken to mitigate such risks, a person should assist the controller or processor to monitor internal compliance with this Regulation. Such data protection officers, whether or not an employee of the controller, should be in a position to perform their duties and tasks independently. In any other case, the appointment of such a person should be optional. The data protection officer should be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil his or her tasks. The necessary level of expert knowledge should be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller.
Amendment 583 #
Proposal for a regulation
Recital 87
Recital 87
(87) These derogations should in particular apply to data transfers required and necessary for the protection of important grounds of public interest, for example in cases of international data transfers between competition authorities, tax or customs administrations, financial supervisory authorities, between services competent for social security matters, between bodies responsible for fighting fraud in sports, or to competent authorities for the prevention, investigation, detection and prosecution of criminal offences.
Amendment 610 #
Proposal for a regulation
Recital 112
Recital 112
Amendment 615 #
Proposal for a regulation
Recital 114
Recital 114
Amendment 630 #
Proposal for a regulation
Recital 121
Recital 121
(121) The processing of personal data solely for journalistic purposes, or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this Regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression, and notably the right to receive and impart information, as guaranteed in particular by Article 11 of the Charter of Fundamental Rights of the European Union. This should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures, which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights. Such exemptions and derogations should be adopted by the Member States on general principles, on the rights of the data subject, on controller and processor, on the transfer of data to third countries or international organisations, on the independent supervisory authorities and on co-operation and consistency. This should not, however, lead Member States to lay down exemptions from the other provisions of this Regulation. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary to interpret notions relating to that freedom, such as journalism, broadly. Therefore, Member States should classify activities as ‘journalistic’ for the purpose of the exemptions and derogations to be laid down under this Regulation if the object of these activities is the disclosure to the public of information, opinions or ideas, irrespective of the medium which is used to transmit them. They should not be limited to media undertakings and may be undertaken for profit-making or for non- profit making purposes.
Amendment 696 #
Proposal for a regulation
Article 2 – paragraph 2 – point e c (new)
Article 2 – paragraph 2 – point e c (new)
(ec) which have been rendered anonymous;
Amendment 717 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person working together with the controller, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person; and who is not acting in his/her professional capacity;
Amendment 730 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2a) ‘pseudonymous data’ means any personal data that has been collected, altered or otherwise processed so that it of itself cannot be attributed to a data subject without the use of additional data which is subject to separate and distinct technical and organisational controls to ensure such non attribution, or that such attribution would require a disproportionate amount of time, expense and effort;
Amendment 734 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2 b (new)
Article 4 – paragraph 1 – point 2 b (new)
(2b) ‘anonymous data’ means any personal data that has been collected, altered or otherwise processed in such a way that it can no longer be attributed to a data subject; anonymous data shall not be considered personal data;
Amendment 748 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘controller’ means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, conditions and means of the processing of personal data; where the purposes, conditions and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;
Amendment 765 #
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Article 4 – paragraph 1 – point 8
(8) ‘the data subject’s consent’ means any freely given specific, informed and explicitunambiguous indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed; Silence or inactivity does not in itself indicate acceptance;
Amendment 786 #
Proposal for a regulation
Article 4 – paragraph 1 – point 13
Article 4 – paragraph 1 – point 13
(13) ‘main establishment’ means as regards the controller, the place of its establishment in the Union where the main decisions as to the purposes, conditions and meansthe location as determined by the data controller or data processor on the basis of the following transparent and objective criteria: the location of the pgrocessing of personal data are taken; if no decisions as to the purposes, conditions and means of the processing of personal data are taken in the Union, the main establishment is the place where the main processing activities in the context of the activities ofup’s European headquarters, or, the location of the company within the group with delegated data protection responsibilities, or, the location of the company which is best placed (in terms of management function, administrative capability etc) to address and establishment of a controller in the Union take place. As regards the processor, ‘main establishment’ means the place of its central administration in the Unionnforce the rules as set out in this Regulation, or, the place where the main decisions as to the purposes of processing are taken for the regional group;
Amendment 878 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, or on behalf of a controller or a processor, or by a third party or parties in whose interest the data is processed, including for the security of processing, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply tosuch as in the case of processing data pertaining to a child. The interest or fundamental rights and freedoms of the data subject shall not override processing carried out by public authorities in the performance of their tasks.
Amendment 890 #
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) the data are collected from public registers lists or documents accessible by everyone;
Amendment 898 #
Proposal for a regulation
Article 6 – paragraph 1 – point f c (new)
Article 6 – paragraph 1 – point f c (new)
(fc) processing is limited to pseudonymised data, where the data subject is adequately protected and the recipient of the service is given a right to object pursuant to Article 19(3);
Amendment 900 #
Proposal for a regulation
Article 6 – paragraph 1 – point f d (new)
Article 6 – paragraph 1 – point f d (new)
(fd) processing is necessary for the purpose of anonymisation or pseudonymisation of personal data;
Amendment 921 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Processing of pseudonymised data to safeguard the legitimate interests pursued by a controller shall be lawful, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 928 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point b a (new)
Article 6 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) international conventions to which the EU or a Member State is a party.
Amendment 932 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The international conventions, EU law or the law of the Member State must meet an objective of public interest or must be necessary to protect the rights and freedoms of others, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued.
Amendment 943 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of furtherPersonal data have may not be processed further if the intended purpose for which the personal data will be processinged is inot compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points. The data controller must assess the compatibility of the purposes in taking into account: (a) the affiliation between the intended and original processing purposes; (ab) to (e) of paragraph 1. This shall in particular apply to any change of terms and generhe nature of the data concerned; (c) the consequences of the intended processing for the data subjects or third parties; (d) the ways and means used for the original condillections of a contractthe data; (e) any adequate safeguards the data controller has provided.
Amendment 945 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (e) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
Amendment 951 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Further processing of personal data for historical, statistical and scientific purposes shall not be considered as incompatible when the data controller has provided all necessary precautions to ensure that the personal data can only be further processed for these specific purposes.
Amendment 952 #
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. Further processing of personal data is prohibited if the processing is not compatible with any legal, professional or other binding obligation of secrecy.
Amendment 954 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 964 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 988 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 1048 #
Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
(aa) processing is necessary for the performance or execution of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
Amendment 1062 #
Proposal for a regulation
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) processing is necessary for the establishment, exercise or defence of legal claims or the legally justified fulfilment of claims of third parties affected; or
Amendment 1065 #
Proposal for a regulation
Article 9 – paragraph 2 – point g
Article 9 – paragraph 2 – point g
(g) processing is necessary for the performance of a task carried out in the public interest, on the basis of international conventions to which the EU or a Member State is a party, Union law, or Member State law which shall provide for suitable measures to safeguard the data subject's legitimate interests; or
Amendment 1070 #
Proposal for a regulation
Article 9 – paragraph 2 – point h
Article 9 – paragraph 2 – point h
(h) processing of data concerning health and insurance is necessary for health purposes and subject to the conditions and safeguards referred to in Article 81; or
Amendment 1077 #
Proposal for a regulation
Article 9 – paragraph 2 – point j
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject, for the prevention or detection of fraud, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A complete register of criminal convictions shall be kept only under the control of official authority.
Amendment 1084 #
Proposal for a regulation
Article 9 – paragraph 2 – point j a (new)
Article 9 – paragraph 2 – point j a (new)
(ja) processing of data concerning health is necessary for private social protection, especially by providing income security or tools to manage risks that are in the interests of the data subject and his or her dependants and assets, or by enhancing inter-generational equity by means of distribution.
Amendment 1103 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
If the data processed by a controller do not permit the controller or a processor to identify a natural person, in particular when rendered anonymous or pseudononymous the controller shall not be obliged to process or acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.
Amendment 1176 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Where personal data relating to a data subject are collected, the controller shall provide the data subject with at least the following information:. The following paragraphs do not apply to small enterprises in the course of their own activity and for data which is strictly and exclusively for their internal use.
Amendment 1180 #
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the identity and the contact details of the controller and, if any, of the controller's representative and of the data protection officer;
Amendment 1189 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);
Amendment 1193 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
Amendment 1201 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the existence of the right to request from the controller access to and rectification or erasure of the personal data concerning the data subject orand to object to the processing of such personal data;
Amendment 1203 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
Amendment 1215 #
Proposal for a regulation
Article 14 – paragraph 1 – point h
Article 14 – paragraph 1 – point h
Amendment 1222 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the personal data are collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, whether the provision of personal data is obligatory or voluntary, as well as the possible consequences of failure to provide such data.
Amendment 1238 #
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) where the personal data are not collected from the data subject, at the time of the recording or within a reasonable period after the collection, having regard to the specific circumstances in which the data are collected or otherwise processed, or, if a disclosure to another recipient is envisaged, and at the latest when the data are first disclosed; or, if the data shall be used for communication with the person concerned, at the latest at the time of the first communication to that person.
Amendment 1248 #
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
(b) the data are not collected from the data subject or the data processes do not allow the verification of identity and the provision of such information proves impossible or would involve a disproportionate effort such as by generating excessive administrative burden, especially when the processing is carried out by a SME; or
Amendment 1250 #
Proposal for a regulation
Article 14 – paragraph 5 – point c
Article 14 – paragraph 5 – point c
(c) the data are not collected from the data subject and recording or disclosure is expressly laid down by law; or
Amendment 1253 #
Proposal for a regulation
Article 14 – paragraph 5 – point d
Article 14 – paragraph 5 – point d
(d) the data are not collected from the data subject and the provision of such information will impair the rights and freedoms of others, as defined in Union law or Member State law in accordance with Article 21.; or
Amendment 1262 #
Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
Article 14 – paragraph 5 – point d a (new)
(da) the data originates from publicly available sources; or
Amendment 1266 #
Proposal for a regulation
Article 14 – paragraph 5 – point d b (new)
Article 14 – paragraph 5 – point d b (new)
(db) the data must be kept secret in accordance with legislation or by virtue of their nature, particularly because of a legitimate overriding interest of a third party.
Amendment 1268 #
Proposal for a regulation
Article 14 – paragraph 5 – point d c (new)
Article 14 – paragraph 5 – point d c (new)
(dc) the data are processed in the exercise of his profession by, or are entrusted or become known to, a person who is subject to an obligation of professional secrecy regulated by the State or to a statutory obligation of secrecy.
Amendment 1279 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
Amendment 1296 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. TOnly the data subject shall have the right to obtain from the controller at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed unless this request is manifestly excessive according to 12 (4). Where such personal data are being processed, the controller shall - so far as the data subject has not received - provide the following information:
Amendment 1311 #
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) if known the period for which the personal data will be stored;
Amendment 1324 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 1357 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the communication to the data subject of the contentdata subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data which were provided by the data subject itself and that undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject. This right shall not restrict rights of others as trade secrets or intellectual property rights. This does not apply on the processing of anonymised and pseudonymised data, insofar as the data subject is not sufficiently identifiable ofn the personal data referbasis of such data or identification would required to in point (g) of paragraph 1he controller to undo the process of pseudonymisation.
Amendment 1358 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. There shall be no right to information where: (a) data are involved which a person bound by professional secrecy is required to protect; (b) data must be kept secret in accordance with legislation or by virtue of their nature, particularly because of the overriding interest of a third party; (c) the public entity responsible has ascertained in relation to the entity responsible that disclosure of the data would endanger public safety or order; (d) data comprise trade secrets.
Amendment 1376 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Paragraph 1 shall not apply to pseudonymous data.
Amendment 1420 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the controller referred to in paragraph 1 has made the personal data public, it shall take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third parties which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller has authorised a third party publication of personal data, the controller shall be considered responsible for that publication. Anonymised data, pseudonymised data and encrypted data are exempted, where compliance with this provision would require the controller to undo the process of anonymisation, pseudonymisation or encryption.
Amendment 1447 #
Proposal for a regulation
Article 17 – paragraph 3 – point e a (new)
Article 17 – paragraph 3 – point e a (new)
(ea) for purposes of the prevention and detection of fraud, and to the extent criminal data are processed, such processing is in accordance with Article 9(2) point j).
Amendment 1492 #
Proposal for a regulation
Article 18
Article 18
Amendment 1537 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object free of charge to the processing of their personal data for such marketing. This right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information. This right shall include a right to object to the collection and use of personal data obtained through online tracking of the data subject's preferences and behaviour across websites. Where a data subject expresses this right to object through technical means, such as a browser setting, controllers and processors shall respect such objection, consistent with technical industry standards, and must obtain the consent of the data subject to process personal data derived from online tracking for marketing purposes. Consent to online tracking shall enable persistent online tracking across all websites unless such consent is subsequently revoked by the data subject.
Amendment 1543 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. Where pseudonymised data is processed pursuant to Article 6(1) the data subject shall have the right to object free of charge. This right shall be offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information.
Amendment 1549 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every ndatural persona subject shall have the right not to be subject to a measureprocessing of personal data which produces adverse legal effects concerning this ndatural person or significanta subject or comparably affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this ndatural persona subject or to analyse or predict in particular the ndatural persona subject's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 1579 #
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguardslawful pursuant to Article 6(1)(a) to (f) of this Regulation.
Amendment 1585 #
Proposal for a regulation
Article 20 – paragraph 2 – point c a (new)
Article 20 – paragraph 2 – point c a (new)
(ca) is limited to pseudonymised data. Such pseudonymised data must not be collated with data on the bearer of the pseudonym. Article19(3a) shall apply correspondingly.
Amendment 1598 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be based solely on the special categories of personal data referred to in Article 9. unless the data subject has given consent.
Amendment 1616 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 1631 #
Proposal for a regulation
Article 21 – paragraph 1 – point b a (new)
Article 21 – paragraph 1 – point b a (new)
(ba) national security;
Amendment 1657 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The controller shall adopt appropriate policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this Regulation.
Amendment 1678 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) complying with the requirements for prior authorisation or prior consultation of the supervisory authority pursuant to Article 34(1) and (2);
Amendment 1693 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The controller shall implement appropriate mechanisms to ensure the verification of the effectiveness of the measures referred to in paragraphs 1 and 2. If proportionate, this verification shall be carried out by independent internal or external auditors.
Amendment 1750 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them.
Amendment 1778 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller and stipulating in particular that the processor shall. The controller and the processor shall be free to determine respective roles and responsibilities with respect to the requirements of this Regulation and shall provide for the following:
Amendment 1784 #
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
Amendment 1788 #
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
Amendment 1792 #
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
Amendment 1796 #
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
Amendment 1804 #
Proposal for a regulation
Article 26 – paragraph 2 – point h
Article 26 – paragraph 2 – point h
(h) make available to the controller and the supervisory authority on request all information necessary to control compliance with the obligations laid down in this Article.
Amendment 1821 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 2149 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor shall designate a data protection officer in any case where:
Amendment 2166 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the processing is carried out by an enterprise employing 250 persons or more; orand the outcome of any privacy impact assessment, as referred to in Article 33, on the processing related to its core activities, especially core activities which by virtue of their nature, scope or purposes require regular and systematic monitoring of data subjects, indicates a high degree of risk to the rights and freedoms of data subjects, especially their right to privacy, irrespective of the measures taken by the controller or processor to mitigate such risks. In all other cases, the designation of a data protection officer is optional;
Amendment 2177 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
Amendment 2191 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. In the case referred to in point (b) of paragraph 1, aA group of undertakings may appoint a single data protection officer.
Amendment 2518 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. The public interest referred to in point (d) of paragraph 1 must be recognised in international conventions, Union law or in the law of the Member State to which the controller is subject.
Amendment 2777 #
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 2779 #
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 2786 #
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 2789 #
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 2811 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 2813 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 2825 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
Amendment 2830 #
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage, notwithstanding the contractual agreement they might have concluded according to Article 24.
Amendment 2837 #
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or the processor proves that they are not responsible for the event giving rise to the damage.
Amendment 2900 #
Proposal for a regulation
Article 79 – paragraph 5
Article 79 – paragraph 5
5. The supervisory authority shallmay impose a fine up to 500 000 EUR, or in case of an enterprise up to 1 % of its annual worldwide turnover, to anyone who, intentionally or negligently: (a) does not provide the information, or does provide incomplete information, or does not provide the information in a sufficiently transparent manner, to the data subject pursuant to Article 11, Article 12(3) and Article 14; (b) does not provide access for the data subject or does not rectify personal data pursuant to Articles 15 and 16 or does not communicate the relevant information to a recipient pursuant to Article 13; (c) does not comply with the right to be forgotten or to erasure, or fails to put mechanisms in place to ensure that the time limits are observed or does not take all necessary steps to inform third parties that a data subjects requests to erase any links to, or copy or replication of the personal data pursuant Article 17; (d) does not provide a copy of the personal data in electronic format orhas not provided a mechanism pursuant Article 17a. When determining a fine for a violation as referred to in this section, the supervisory authority shall take into account the extent to which the controller, or the main establishment as referred to in article 22(4), has put in place mechanisms for ensuring that the time limits with respect to the retention of the personal data are observed; (d) hinders the data subject to transmit the personal datahis user- generated content to another application in violation of Article 18; (e) does not or not sufficiently determine the respective responsibilities with co- controllers pursuant to Article 24; (f) does not or not sufficiently maintain the documentation pursuant to Article 28, Article 31(4), and Article 44(3); (g) does not comply, in cases where special categories of data are not involved, pursuant to Articles 80, 82 and 83 with rules in relation to freedom of expression or with rules on the processing in the employment context or with the conditions for processing for historical, statistical and scientific research purposes.
Amendment 2919 #
Proposal for a regulation
Article 79 – paragraph 6
Article 79 – paragraph 6
6. The supervisory authority shallmay impose a fine up to 1 000 000 EUR or, in case of an enterprise up to 2 % of its annual worldwide turnover, to anyone who, intentionally or negligently: (a) processes personal data without any or sufficient legal basis for the processing or does not comply with the conditions for consent pursuant to Articles 6, 7 and 8; (b) processes special categories of data in violation of Articles 9 and 81; (c) does not comply with an objection or the requirement pursuant to Article 19; (d) does not comply with the conditions in relation to measures based on profiling pursuant to Article 20; (e) does not adopt internal policies or does not implement appropriate measures for ensuring and demonstrating compliance pursuant to Articles 22, 23 and 30; (f) does not designate a representative pursuant to Article 25; (g) processes or instructs the processing of personal data in violation of the obligations in relation to processing on behalf of a controller pursuant to Articles 26 and 27; (h) does not alert on or notify a personal data breach or does not timely or completely notify the data breach to the supervisory authority or to the data subject pursuant to Articles 31 and 32; (i) does not carry out a data protection impact assessment pursuant or processes personal data without prior authorisation or prior consultation of the supervisory authority pursuant to Articles 33 and 34; (j) does not designate a data protection officer or does not ensure the conditions for fulfilling the tasks pursuant to Articles 35, 36 and 37f) does not designate a representative pursuant to Article 25; (h) does not alert on or notify a personal data breach or does not timely or completely notify the data breach to the supervisory authority or to the data subject pursuant to Articles 31 and 32; (k) misuses a data protection seal or mark in the meaning of Article 39; (l) carries out or instructs a data transfer to a third country or an international organisation that is not allowed by an adequacy decision or by appropriate safeguards or by a derogation pursuant to Articles 40 to 44; (m) does not comply with an order or a temporary or definite ban on processing or the suspension of data flows by the supervisory authority pursuant to Article 53(1); (n) does not comply with the obligations to assist or respond or provide relevant information to, or access to premises by, the supervisory authority pursuant to Article 28(3), Article 29, Article 34(6) and Article 53(23); (o) does not comply with the rules for safeguarding professional secrecy pursuant to Article 84.
Amendment 2940 #
Proposal for a regulation
Article 79 – paragraph 6 a (new)
Article 79 – paragraph 6 a (new)
6a. A fine for violations referred to in paragraph 6 can only be imposed for a particular processing of personal data. When determining a fine for a violation as referred to in this paragraph, the supervisory authority shall take into account the following facts and circumstances: (a) the extent to which the controller, or the main establishment as referred to in Article 22(4), has adopted internal policies and has implemented the measures referred to in Articles 22, 23 and 30 with respect to such processing; (b) the fact whether or not the controller, or the main establishment as referred to in Article 22(4), has designated a data protection officer pursuant to Article 35; (c) the extent to which the controller has allowed the data protection officer, if any, to perform his tasks as referred to in Article 37 with respect to such processing; (d) the extent to which the data protection officer, if any, was involved in the decision making with respect to such processing or in the implementation thereof; (e) the fact whether or not the controller has performed a privacy impact assessment with respect to such processing; (f) the fact whether or not the controller, where relevant, has complied with Article 26; and (g) the extent to which the controller has instructed the processor, if any, pursuant to Article 27.
Amendment 2959 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. Member States shall provide for exemptions or derogations from the provisions on the Chapter II (general principles in), Chapter II, I (the rights of the data subject in), Chapter III, onV (the controller and processor in), Chapter IV, on the V (transfer of personal data to third countries and international organisations in), Chapter V, the independent I (supervisory authorities in), Chapter VI and on I (co-operation and consistency in) and Articles 73, 74, 76 and 79 of Chapters VII forI (legal remedies, liability and penalties) and X shall not apply to the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression.
Amendment 2984 #
Proposal for a regulation
Article 81 – paragraph 1 – point c a (new)
Article 81 – paragraph 1 – point c a (new)
(ca) purposes of the entering into, or performance of, insurance contracts, especially in order to make an assessment of insured risks, the calculation of premiums, the settlement of claims and payment of benefits and the prevention and detection of fraud under insurance contracts.
Amendment 3058 #
Proposal for a regulation
Article 83 – paragraph 1 – point b a (new)
Article 83 – paragraph 1 – point b a (new)
(ba) the personal data is processed for the purpose of generating aggregate data reports, wholly composed of either anonymous data, pseudonymous data or both.