321 Amendments of Dimitrios DROUTSAS
Amendment 9 #
2013/2277(INI)
Draft opinion
Recital C
Recital C
C. whereas the Memorandum signed by euro area countriesMember States of the euro-area seeking financial assistance affects fundamental rights and the social situation of those countries, but the development and implementation of actions are notwithout being subject to any democratic scrutinyparliamentary control at neither national nor EU level;
Amendment 16 #
2013/2277(INI)
Draft opinion
Paragraph 1a (new)
Paragraph 1a (new)
1a. Points out that Troika was set up without the EU Primary Law providing for an appropriate legal basis;
Amendment 17 #
2013/2277(INI)
Draft opinion
Paragraph 1b (new)
Paragraph 1b (new)
1b. Deplores the unpreparedness of the EU and its institutions to address swiftly and efficiently the sovereign debt crisis of large magnitude inside the monetary union;
Amendment 19 #
2013/2277(INI)
Draft opinion
Paragraph 1c (new)
Paragraph 1c (new)
1c. Regrets deeply that the system of financial assistance established has not yet been brought under proper parliamentary scrutiny and accountability in the framework of the EU Treaties;
Amendment 30 #
2013/2277(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that some of theRegrets that certain conditionalities set by the Troika violatein the various adjustment programmes are in violation of certain fundamental rights.
Amendment 34 #
2013/2277(INI)
Draft opinion
Paragraph 5a (new)
Paragraph 5a (new)
5a. Notes that recommendations contained in Memorandum of Unsderstdandings (MoUs) mark a clear departure from the aims of the “Lisbon Strategy” and the “Europe 2020 Strategies”, particularly to ensure high levels of growth, competitiveness and employment;.
Amendment 35 #
2013/2277(INI)
Draft opinion
Paragraph 5b (new)
Paragraph 5b (new)
5b. Stresses that pursuing economic and financial stability in the Member States and the Union as a whole must not undermine social stability, the European social model and social rights of EU citizens; calls for the full involvement of social partners in the design and implementation of adjustment programmes, current and future;
Amendment 36 #
2013/2277(INI)
Draft opinion
Paragraph 5c (new)
Paragraph 5c (new)
5c. Calls for the current Troika setting to be discontinued and points out that any future structure of the Troika has to be duly democratically legitimised and included in the Community framework; demands close cooperation with and full participation of the European Parliament and a greater involvement of National Parliaments, especially of those Member States under financial assistance programmes;
Amendment 37 #
2013/2277(INI)
5d. Calls for a Treaty change which will provide for all necessary instruments and means to allow the Union and its institutions to address swiftly and efficiently and in a duly democratically legitimised way challenges that might put in danger the economic, financial and social stability of the euro area and its Member States in the future;
Amendment 20 #
2013/0542(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that it is time to put an end to the fragmentation of the defence market as regards supply and demand, and rules and standards; fully supports Commission efforts to underpin the internal defence and security market through suitable assistance for small and medium-sized enterprises playing a major role in innovation and job creation under the 'Europe 2020' strategy;
Amendment 72 #
2013/0542(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Is convinced that space contributes to EU strategic autonomy and independent access for the Member States and plays an essential role in the defence and security sector; stresses the importance of maintaining a space industry which is innovative and technologically advanced;
Amendment 26 #
2013/0309(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. This ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures.
Amendment 30 #
2013/0309(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The freedomright of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedomright by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules and Directive 2000/31/EC.
Amendment 33 #
2013/0309(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimLegally mandated interferences, including voluntary actions of providers to prevent access to and distribution of child pornography traffic flows does not constitute traffic management. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances.
Amendment 36 #
2013/0309(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service qualityoptimisations in order to ensure adequate service characteristics offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video- conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhancoptimised quality of service with either providers of electronic communications to the public or providers of content, applications or services. Where such agreements are implemented alongside Internet access services, the responsible providers should ensure that the optimised quality service does not impair the quality of Internet access.
Amendment 38 #
2013/0309(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services.
Amendment 54 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characterioperated within closed electronic communications networks using the Internet Protocol with stricst are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access servicedmission control that is not marketed or used as a substitute for internet access service; and that is not functionally identical to services available over the public internet;
Amendment 57 #
2013/0309(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point -a (new)
Article 17 – paragraph 1 – point -a (new)
(-a) fully respects the rules on protection of personal data, privacy, security and integrity of networks and transparency in conformity with Union law.
Amendment 58 #
2013/0309(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 59 #
2013/0309(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 63 #
2013/0309(COD)
Proposal for a regulation
Article 19 – paragraph 4 – point e
Article 19 – paragraph 4 – point e
Amendment 64 #
2013/0309(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 70 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be freehave the right to access and distribute information and content, run applications and use ser, connect hardware and use services, software and devices of their choice via their internet access service.
Amendment 75 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 81 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be freehave the right to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of service.
Amendment 86 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free tomay enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the generalthe quality of internet access services.
Amendment 89 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 95 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 99 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
a) implement a legislative provision or a court order, or prevent or impede serious crimes;
Amendment 102 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point b
Article 23 – paragraph 5 – subparagraph 1 – point b
b) preserve the integrity and security of the European electronic communications providers network, services provided via this network, and the end-users' terminals;
Amendment 113 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph. Processing of the content part of the communication during transmission for these purposes is not permitted.
Amendment 120 #
2013/0309(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5) and Article 2 (15), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversity and innovation. National regulatory authorities shall report on an annual basis to the Commission and, BEREC and the public on their monitoring and findings.
Amendment 124 #
2013/0309(COD)
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
National regulatory authorities shall, in good time before imposing any such requirements, provide the Commission with a summary of the grounds for action, the envisaged requirements and the proposed course of action. This information shall also be made available to BEREC. The Commission mayshall, having examined such information, make comments or recommendations thereupon, in particular to ensure that the envisaged requirements do not adversely affect the functioning of the internal market. The envisaged requirements shall not be adopted during a period of two months from the receipt of complete information by the Commission unless otherwise agreed between the Commission and the national regulatory authority, or the Commission has informed the national regulatory authority of a shortened examination period, or the Commission has made comments or recommendations. National regulatory authorities shall take the utmost account of the Commission's comments or recommendations and shall communicate the adopted requirements to the Commission and BEREC.
Amendment 125 #
2013/0309(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Commission mayshall adopt implementing, after consultation with BEREC and other stakeholders, delegated acts defining uniform conditions for the implementation of the obligations of national competent authorities under this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33 (2)2.
Amendment 243 #
2013/0309(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. This ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures.
Amendment 254 #
2013/0309(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services and the general characteristics of the service, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstancesMinimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances and if, upon request from the competent national authorities, the provider can demonstrate that equal treatment of traffic would be substantially less efficient. When a provider of electronic communications takes such measures, it should also inform the content, applications and services providers which are affected.
Amendment 269 #
2013/0309(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service qualityoptimisations in order to ensure adequate service characteristics offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video- conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhancoptimised quality of service with either providers of electronic communications to the public or providers of content, applications or services. Where such agreements are implemented alongside Internet access services, the responsible providers should ensure that the optimised quality service does not impair the general quality of internet access.
Amendment 360 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access or use specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to in order to ensure adequate characteristics from end-to-end. A specialised service is operated within closend or receive data to or from a determined number of parties or endpoints; and thatelectronic communications networks and thus clearly separated from internet access services and is not marketed or widely used as a substitute for internet access service;
Amendment 405 #
2013/0309(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 585 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be free to access and distribute information and content, run applications and use services and devices of their choice, irrespective of their origin or destination, via their internet access service.
Amendment 604 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of serviceoperated in closed electronic networks with an enhanced quality of service. Providers of electronic communications to the end-user shall not discriminate against contents, services or applications from other sources that are competing with their own specialised services.
Amendment 678 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Amendment 775 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 4 a (new)
Article 37 – point 4 a (new)
Regulation (EU) No 531/2012
Article 6a (new)
Article 6a (new)
Amendment 801 #
2013/0309(COD)
Proposal for a regulation
Article 38 – point 1 a (new)
Article 38 – point 1 a (new)
Regulation (EU) No 531/2012
Article 4 – paragraph 6a (new)
Article 4 – paragraph 6a (new)
(1a) In Article 3, a new paragraph 2a is added: BEREC’s advisory role upstream of any legislative proposals affecting the electronic communications sector should be made methodical
Amendment 29 #
2013/0234(NLE)
Proposal for a regulation
Recital 5
Recital 5
(5) In accordance with the Horizon 2020 Framework Programme and Decision (EU) No […]/2013 of the Council of […] 2013 establishing the Specific Programme implementing Horizon 2020 (2014-2020)19 further support shouldmay be provided to Joint Undertakings established under Decision No 1982/2006/EC under the conditions specified in Decision (EU) No […]/2013the conditions specified in the Horizon 2020 Framework Programme, in particular Article 25 thereof and in full compliance with the general principles laid down in the Horizon 2020 Framework Programme, and in particular the principles on gender equality and open access. The Industrial Leadership priority targets two specific activity lines under Information and Communication Technologies: ‘micro- and nanoelectronics’, and ‘a new generation of components and systems, engineering of advanced and smart embedded components and systems’. Embedded computing systems (ARTEMIS) and nanoelectronics (ENIAC) should be combined into a single initiative. __________________ 19 OJ [H2020 SP]. OJ [H2020 SP].
Amendment 30 #
2013/0234(NLE)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Without prejudice to the interim evaluation referred to in Article 11(1) of this Regulation and in accordance with Article 32 of the Horizon 2020 Framework Programme, the Joint Technology Initiatives, as a particular funding instrument, should be subject to an in-depth interim assessment, which should specifically include an analysis of their openness, transparency effectiveness and efficiency.
Amendment 36 #
2013/0234(NLE)
Proposal for a regulation
Recital 26
Recital 26
Amendment 39 #
2013/0234(NLE)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The ECSEL Joint Undertaking should operate in a transparent way, providing all relevant available information to its appropriate bodies as well as promoting its activities accordingly.
Amendment 54 #
2013/0234(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) to provide access for all stakeholders to a world-class infrastructure for the design and manufacture of electronic components and embedded/cyber-physical and smart systems; promoting the involvement of small and medium-sized enterprises (SMEs) in its activities, in line with the objectives of the Horizon 2020 Framework Programme.
Amendment 71 #
2012/2308(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas Euro-scepticism is growing at an increasing rate in some Member States and whereas Parliament, the only institution to be elected directly, has to stand for greater credibility and greater closeness to citizens;
Amendment 111 #
2012/2308(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Maintains that it will be necessary to evaluate the financial and economic consequences entailed in a change of Parliament’s seat, or as regards its places of work, and to agree on an appropriate compromise whereby existing Parliament buildings can continue to be used;
Amendment 2 #
2012/0309(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II.
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 355 #
2012/0011(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Rapid technological developments and globalisation have brought new challenges for the protection of personal data. The scale of data sharing and collectiong has increased spectacularly. Technology allows both private companies and public authorities to make use of personal data on an unprecedented scale in order to pursue their activities. Individuals increasingly make personal information available publicly and globally. Technology has transformed both the economy and social life, and requires to furtherimproved legal safeguards to facilitate the free flow of data within the Union, into the Union and the transfer to third countries and international organisations, while ensuring an high level of the protection of personal data.
Amendment 363 #
2012/0011(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation does not address issues of protection of fundamental rights and freedoms or the free flow of data related to activities which fall outside the scope of Union law, nor does it cover the processing of personal data by the Union institutions, bodies, offices and agencies, which are subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, or the processing of personal data by the Member States when carrying out activities in relation to the common foreign and security policy of the Union. To ensure a coherent data protection framework throughout the Union, Regulation (EC) No 45/2001 should be brought into line with this Regulation.
Amendment 371 #
2012/0011(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The protection of individuals with regard to the processing of personal data by competent public authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, is subject of a specific legal instrument at Union level. Therefore, this Regulation should not apply to the processing activities for those purposes. However, data processed by public authorities under this Regulation when used for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties should be governed by the more specific legal instrument at Union level (Directive XX/YYY).
Amendment 453 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) TIn exceptional circumstances, the legitimate interests of a controller 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 461 #
2012/0011(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) The enforcement of legal claims against a data subject, such as debt collection or civil damages and remedies, should constitute a legitimate interest, provided the legal claim was established prior to the collection and processing of personal data. The same principle also applies to the prevention or limitation of damages by the data subject suffered by the controller, for example to prevent payment default.
Amendment 469 #
2012/0011(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) Processing of personal data collected for another purpose should be made available for public scientific research when a scientific relevance of the processing of the collected data can be justified. Privacy by design should be taken into account when making data available for public scientific research.
Amendment 476 #
2012/0011(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Data subjects should be informed about the data processing operations employed by the entity they are interacting with without being overwhelmed by the sheer amount of information they are provided with. A transparent and understandable information policy is therefore a pivotal element of every data processing framework. In order to allow a quicker understanding and better comparability of data protection policies, when providing information to the data subject, controllers should disclose short icon based information policies before laying down in detail their information policies. These icon based information policies should be standardized so that they can be provided in written and electronic form and be also easily readable on mobile devices. Detailed explanations or further remarks can follow as part of the more detailed information provisions to the data subjects. When provided electronically, the standardized information policies should be machine readable to allow for innovative implementation schemes.
Amendment 510 #
2012/0011(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Where personal data are processed for the purposes of direct marketingone or more specific purposes, the data subject should have the right to object to such processing in advance, free of charge and in a manner that can be easily and effectively invoked..
Amendment 538 #
2012/0011(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) A personal data breach may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud, to the individual concerned. Therefore, as soon as the controller becomes aware that such a breach has occurred, the controller should notify the breach to the supervisory authority without undue delay and, where feasible, within 724 hours. Where this cannot achieved within 724 hours, an explanation of the reasons for the delay should accompany the notification. The individuals whose personal data could be adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions. A breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in, for example, identity theft or fraud, physical harm, significant humiliation or damage to reputation. The notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects. Notifications to data subjects should be made as soon as reasonably feasible, and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities (e.g. law enforcement authorities). For example, the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay.
Amendment 562 #
2012/0011(COD)
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, it relates to more than 500 data subjects per year, or where its core activities, regardless of the size of the enterprise, involve processing operations on sensitive data, or processing operations which require regular and systematic monitoring, a person should assist the controller or processor to monitor internal compliance with this Regulation. When establishing whether data about a large number of data subjects are processed, archived data that is restricted in such a way that they are not subject to the normal data access and processing operations of the controller and can no longer be changed should not be taken into account. Such data protection officers, whether or not an employee of the controller and whether or not performing that task full time, should be in a position to perform their duties and tasks independently.
Amendment 573 #
2012/0011(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) In order to enhance transparency and compliance with this Regulation, the establishment of certification mechanisms, data protection seals and marks should be encouraged, allowing data subjects to quickly assess the level of data protection of relevant products and servicessupervisory authorities should award controllers and processors which properly apply this Regulation with the same standardised data protection mark, the ‘European Data Protection Seal’. When certifying controllers, supervisory authorities should apply the same standards; the fee for the certification should be the same in all Member States and should be elaborated by the European Data Protection Board. The European Data Protection Seal should create trust among data subjects, legal certainty for controllers and at the same time export European data protection standards by allowing non-European companies to more easily enter European markets by being certified.
Amendment 585 #
2012/0011(COD)
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, or to competent public authorities for the prevention, investigation, detection and prosecution of criminal offences.
Amendment 587 #
2012/0011(COD)
Proposal for a regulation
Recital 88
Recital 88
Amendment 592 #
2012/0011(COD)
Proposal for a regulation
Recital 89
Recital 89
(89) In any case, where the Commission has taken no decision on the adequate level of data protection in a third country, the controller or processor should make use of solutions that provide data subjects with a legally binding guarantee that they will continue to benefit from the fundamental rights and safeguards as regards processing of their data in the Union once this data has been transferred.
Amendment 596 #
2012/0011(COD)
Proposal for a regulation
Recital 97
Recital 97
(97) Where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union takes place in more than one Member State, one single supervisory authority should be competent for monitoring the activities ofact as the single contact point for the controller or processor throughout the Union and taking the related decisions, in order to increase the consistent application, provide legal certainty and reduce administrative burden for such controllers and processors..
Amendment 599 #
2012/0011(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) The competentlead authority, providing such one-stop shop, should be the supervisory authority of the Member State in which the controller or processor has its main establishment.
Amendment 606 #
2012/0011(COD)
Proposal for a regulation
Recital 107
Recital 107
(107) In order to ensure compliance with this Regulation, the Commission may adopt an opinion on this matter, or a decision, requiring the supervisory authority to suspend it reasoned recommendation on matters draft measureised.
Amendment 628 #
2012/0011(COD)
Proposal for a regulation
Recital 121
Recital 121
(121) TWhe processing of personal data solely for journalistic purposes, or for the purposes of artistic or liternever necessary, expression should qualify for exempemptions or derogations from the requirements of certain provisions of this Regulation for the processing of personal data should be possible 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 637 #
2012/0011(COD)
Proposal for a regulation
Recital 124 a (new)
Recital 124 a (new)
(124a) In Member States where it has been left to the parties on the labour market to regulate wages and other work conditions through collective agreements, social partners´ obligations and rights under collective agreements should be taken into specific consideration when applying Article 6(1)f.
Amendment 655 #
2012/0011(COD)
Proposal for a regulation
Recital 132
Recital 132
Amendment 657 #
2012/0011(COD)
Proposal for a regulation
Recital 134
Recital 134
(134) Directive 95/46/EC should be repealed by this Regulation. However, Commission decisions adopted and authorisations by supervisory authorities based on Directive 95/46/EC should remain in force. Commission decisions and authorisations by supervisory authorities relating to transfers of personal data to third countries should remain in force for a transition period of two years.
Amendment 681 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) by competent public authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties.
Amendment 728 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2a) ‘pseudonym’ means a unique identifier which is specific to one given context and which does not permit the direct identification of a natural person, but allows the singling out of a data subject;
Amendment 741 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
(3a) ‘profiling’ means any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person or to analyse or predict in particular that natural person’s performance at work, economic situation, location, health, personal preferences, reliability or behaviour;
Amendment 815 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Personal data mustshall be:
Amendment 836 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) kept in a form which permits identification or singling out of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the data will be processed solely for historical, statistical or scientific research purposes in accordance with the rules and conditions of Article 83 and if a periodic review is carried out to assess the necessity to continue the storage;
Amendment 846 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) processed under the responsibility and liability of the controller, who shall ensure and be able to demonstrate for each processing operation the compliance with the provisions of this Regulation.;
Amendment 849 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Processing of personal data shall be organised and carried out in a way that ensures compliance with the principles referred to in paragraph 1.
Amendment 854 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the data subject has given explicit and informed consent to the processing of their personal data for one or more specific purposes;
Amendment 872 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 905 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Only if none of the legal grounds for the processing of personal data referred to in paragraph 1 apply, processing of personal data for specific purposes can be based on the legitimate interests of the controller. The data controller shall in that case inform the data subject about the data processing explicitly and separately. The controller shall publish the reasons for believing that its interests override the interests or fundamental rights and freedoms of the data subject. This paragraph shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 909 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The following interests of the controller are presumed to be legitimate: (a) processing of personal data is necessary for the prevention or limitation of damages suffered by the controller, or, in exceptional cases, by a third party; (b) the data subject has provided the personal data to the data controller on the legal ground referred to in point (b) of paragraph 1, the personal data are used for direct marketing for its own similar products and services and are not transferred, and the data controller is clearly identified towards the data subject.
Amendment 914 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Any legitimate interests pursued by the controller, must be balanced against the interests or fundamental rights and freedoms of the data subject. This fundamental rights and interests are presumed to override the legitimate interest of the controller, if: (a) the processing causes a serious risk of damage to the data subject; (b) the processing leads to a serious risk of infringement of any of the fundamental rights of the data subjects involved, as laid down in the Charter of Fundamental Rights of the European Union; (c) the processing involves location data or biometric data; (d) the processing entails the processing of personal data that are the result of profiling of the data subject; (e) there is a significant risk of processing of personal data without legal ground, in particular if personal data is made accessible for a large number of persons or if large amounts of personal data about the data subject are processed or combined with other data; or (f) the data subject is a child.
Amendment 915 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. Processing is necessary due to national practices for the social partners concerning collective agreements.
Amendment 929 #
2012/0011(COD)
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) collective agreements in the employment context.
Amendment 940 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 961 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 1001 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The Commission shall be empowered to adopt, after requesting an opinion from the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying the requirements and conditions for technical standards referred to in paragraph 2a, and for declaring that a technical standard is in line with this Regulation and has general validity within the Union.
Amendment 1010 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information societygoods or services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custolegal guardian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology. The methods to obtain verifiable consent shall not lead to the further processing of personal data which would otherwise not be necessary.
Amendment 1029 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall, after requesting an opinion from the European Data Protection Board, be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the methods to obtain verifiable consent referred to in paragraph 1. In doing so, the Commission shall consider specific measures for micro, small and medium- sized enterprises.
Amendment 1042 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, sexual orientation or gender identity, trade-union membership and activities, and the processing of genetic or biometric data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited.
Amendment 1051 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by Union law or Member State law or collective agreements providing for adequate safeguards; or
Amendment 1080 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminaladministrative sanctions, judgments, criminal offences, 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, 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 1093 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall be empowered to adopt, after requesting an opinion from the European Data Protection Board, delegated acts in accordance with Article 86, for the purpose of further specifying the criteria, conditions and appropriate safeguards for the processing of the special categories of personal data referred to in paragraph 1 and the exemptions laid down in paragraph 2.
Amendment 1101 #
2012/0011(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
If the data processed by a controller do not permit the controller to identify or single out a natural person, or consist only of data relating to pseudonyms, the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.
Amendment 1140 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are manifestly excessive, in particular because of their repetitive character, the controller may charge a fee for providing the information or taking the action requested, or the controller may notreasonable fee taking into account the administrative costs for providing the information or takeing the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive character of the request.
Amendment 1154 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Commission shall be empowered to adopt, after requesting an opinion the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the manifestly excessive requests and the fees referred to in paragraph 4.
Amendment 1162 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Commission may lay down standard forms and specifying standard procedures for the communication referred to in paragraph 2, including the electronic format. In doing so, the Commission shall take the appropriate measures for micro, small and medium-sized enterprises. Those implementing acts shall be adopted after adopting an opinion of the European Data Protection Board in accordance with the examination procedure referred to in Article 87(2).
Amendment 1172 #
2012/0011(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 13a Standardised information policies 1. Where personal data relating to a data subject are collected, the controller shall provide the data subject with the following particulars before providing information pursuant to Article 14: (a) whether personal data are collected beyond the minimum necessary for each specific purpose of the processing; (b) whether personal data are retained beyond the minimum necessary for each specific purpose of the processing; (c) whether personal data are processed for purposes other than the purposes for which they were collected; (d) whether personal data are disseminated to non-public third parties for purposes other than the purposes for which they were collected; (e) whether personal data are sold; (f) whether personal data are retained in encrypted form. 2. The particulars referred to in paragraph 1 shall be presented pursuant to Annex X in an aligned tabular format, using text and symbols, in the following three columns: (a) the first column depicts graphical forms symbolising those particulars; (b) the second column contains essential information describing those particulars; (c) the third column depicts graphical forms indicating whether a specific particular is met. 3. The information referred to in paragraphs 1 and 2 shall be presented in an easily visible and clearly legible way and shall appear in a language easily understood by the consumers of the Member States to whom the information is provided. Where the particulars are presented electronically, they shall be machine readable. 4. Additional particulars shall not be provided. Detailed explanations or further remarks regarding the particulars referred to in paragraph 1 may be provided together with the other information requirements pursuant to Article 14. 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the particulars referred to in paragraph 1 and their presentation as referred to in paragraph 2 and in Annex X.
Amendment 1282 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying the criteria for categories of recipients referred to in point (f) of paragraph 1, the requirements for the notice of potential access referred to in point (g) of paragraph 1, the criteria for the further information necessary referred to in point (h) of paragraph 1 for specific sectors and situations, and the conditions and appropriate safeguards for the exceptions laid down in point (b) of paragraph 5. In doing so, the Commission shall take the appropriate measures for micro, small and medium-sized-enterprises.
Amendment 1288 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 8
Article 14 – paragraph 8
8. The Commission mayshall lay down standard forms for providing the information referred to in paragraphs 1 to 3, taking into account the specific characteristics and needs of various sectors and data processing situations where necessary. Those implementing acts shall be adopted as well as the needs of the relevant stakeholders. Those implementing acts shall be adopted, after requesting an opinion of the European Protection Board, in accordance with the examination procedure referred to in Article 87(2).
Amendment 1295 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The data subject shall have the right to obtain from the controller at any time, on request, in clear and plain language, confirmation as to whether or not personal data relating to the data subject are being processed. Where such personal data a, and as to the existence of profiling and measures being processed,ased on profiling in respect of the data subject the controller shall provide the following information:
Amendment 1304 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) the recipients or categories of recipients to whom the personal data are to be or have been disclosed, in particularcluding to recipients in third countries;
Amendment 1314 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) the significance and envisaged consequences of such processing, at least in the case of measures referred to in Article 20profiling and of measures based on profiling.
Amendment 1321 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h a (new)
Article 15 – paragraph 1 – point h a (new)
(ha) intelligible information about the logic involved in any automated processing;
Amendment 1322 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h b (new)
Article 15 – paragraph 1 – point h b (new)
(hb) in the event of disclosure of personal data to a public authority as a result of a public authority request, confirmation of the fact that such a request has been made, information about whether or not the request has been fully or partly complied with and an overview of the data that were requested or disclosed.
Amendment 1330 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in an electronic format which allows for further use by the data subject, unless otherwise requested by the data subject.
Amendment 1341 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Where the data subject has provided the personal data and the processing is based on consent or on a contract, the data subject shall have the right to transmit those personal data, where technically feasible and appropriate, and retained by an automated processing system, into another one, in an electronic format which is commonly used, without hindrance from the controller from whom the personal data are withdrawn.
Amendment 1349 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2b. This Article shall be without prejudice to the obligation to delete data when no longer necessary under Article 5(1)(e).
Amendment 1352 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 1366 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Commission may specify standard forms and procedures for requesting and granting access to the information referred to in paragraph 1, including for verification of the identity of the data subject and communicating the personal data to the data subject, taking into account the specific features and necessities of various sectors and data processing situations. Those implementing acts shall be adopted, after requesting an opinion of the European Protection Board, in accordance with the examination procedure referred to in Article 87(2).
Amendment 1369 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Subject to the necessary legal safeguards, especially in order to ensure that information are not used to take measures or decisions regarding specific persons, Member States can, in cases with no risk of violation of privacy, by law limit the rights following Article 15 only if these rights are processed as part of scientific research in compliance with Article 83 of this Regulation or only if these personal data are stored in the specific time frame it takes to make statistics.
Amendment 1439 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
Amendment 1484 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 9 – introductory part
Article 17 – paragraph 9 – introductory part
9. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying:
Amendment 1490 #
2012/0011(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 1495 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 1508 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1518 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 1528 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The data subject shall have the right to object, on grounds relating to their particular situation, at any time to the processing of personal data which is based on points (d), (e) and (fe) of Article 6(1), unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject.
Amendment 1534 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. WhereProcessing of 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 shall require the explicit consent of the data subject. The data shall not be given to third parties. A withdrawal of consent shall be possible at all times and free of charge. This right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information.
Amendment 1563 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) is carried out in the course of the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfied or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such asincluding the right to be provided with meaningful information about the logic used in the profiling and the right to obtain human intervention; or
Amendment 1569 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a b (new)
Article 20 – paragraph 2 – point a b (new)
(ab) Profiling shall not be used to identify or single out children;
Amendment 1581 #
2012/0011(COD)
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 safeguards, including the possibility to withdraw consent at any time and effective protection against possible discrimination resulting from measures described in paragraph 1.
Amendment 1597 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Automated processing of personal data intended to evaluate certain personal aspectProfiling activities relating to a natural person shall not be based solely on the special categories of personal data referred to in Article 9.
Amendment 1622 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in points (a) to (e) of Article 5 andin Articles 11 to 20 and Article 32, when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard:
Amendment 1636 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point c
Article 21 – paragraph 1 – point c
(c) other public interests of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters and the protection of market stability and integrity;
Amendment 1648 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In particular, any legislative measure referred to in paragraph 1 must be necessary and proportionate in a democratic society and shall contain specific provisions at least as to: (a) the objectives to be pursued by the processing and; (b) the determination of the controller; (c) the specific purposes and means of processing; (d) the categories of persons authorised to process the data; (e) the procedure to be followed for the processing; (f) the safeguards to prevent abuse; (g) the right of data subjects to be informed about the restriction.
Amendment 1696 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The controller shall implement mechanisms to ensure the verification ofbe able to demonstrate the effectiveness of the measures referred to in paragraphs 1 and 2. If proportionate, this verification shall be carried outshall be verified by independent internal or external auditors.
Amendment 1705 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures referred to in paragraph 1 other than those already referred to in paragraph 2, the conditions for the verification and auditing mechanisms referred to in paragraph 3 and as regards the criteria for proportionality under paragraph 3, and considering specific measures for micro, small and medium-sized-enterprises.
Amendment 1727 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuringe that, by default, only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals and that data subjects are able to control the distribution of their personal data; pseudonymisation shall be used where possible.
Amendment 1738 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purposeEuropean Data Protection Board shall be entrusted with the task of specifying any further criteria and requirements for appropriate measures and mechanisms referred to in paragraphs 1, 2, and 2a, in particular for data protection by design requirements applicable across sectors, products and services, in accordance with Article 66.
Amendment 1744 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1760 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) an enterprise processing personal data relating to fewer than 500 data subject per year, or by an enterprise employing fewer than 250 persons; or
Amendment 1771 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The representative shall be established in one of those Member States where the data subjects whose personal data are processed in relation to the offering of goods or services to them, or whose behaviour is monitored, reside.
Amendment 1819 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 2100 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The controller or the processor as the case may be shall obtain an authorisation from the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2) or does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for thewhere it transfer ofs personal data to a third country or an international organisation based on the derogations in Article 44.
Amendment 2123 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
Amendment 2134 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 8
Article 34 – paragraph 8
Amendment 2139 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 9
Article 34 – paragraph 9
9. The Commission may set out standard forms and procedures for prior authorisations and consultations referred to in paragraphs 1 and 2, and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6. Those implementing acts shall be adopted, after requesting an opinion of the European Data Protection Board, in accordance with the examination procedure referred to in Article 87(2).
Amendment 2169 #
2012/0011(COD)
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 legal person and relates to more than 500 data subjects per year, or by an enterprise employing 250 persons or more, or processing is carried out on special categories of personal data as referred to in Article 9(1); or
Amendment 2228 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. The controller or the processor shall designate a data protection officer for a period of at least twofour years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties.
Amendment 2265 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The controller or processor shall ensure that the data protection officer performs the duties and tasks independently and does not receive any instructions as regards the exercise of the function. The data protection officer shall directly report to the executive management of the controller or the processor.
Amendment 2276 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The controller or the processor shall support the data protection officer in performing the tasks and shall provide staff, premises, equipment, continuous professional training and any other resources necessary to carry out the duties and tasks referred to in Article 37.
Amendment 2282 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. Data protection officers shall be bound by professional secrecy concerning the identity of data subjects and concerning circumstances enabling data subjects to be identified, unless they are released from that obligation by the data subject.
Amendment 2320 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point h a (new)
Article 37 – paragraph 1 – point h a (new)
(ha) to inform the workers representatives on data processing of the workers.
Amendment 2325 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 2344 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The Commission may adopt implementing actsshall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for deciding that the codes of conduct and amendments or extensions to existing codes of conduct submitted to it pursuant to paragraph 3 are in line with this Regulation and have general validity within the Union. Those implementingis delegated acts shall be adopted in accordance with the examination procedure set out in Article 87(2)confer enforceable rights on data subjects.
Amendment 2356 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Member States and the Commission shall encourage, in particular at European level, the establishment of data protection certification mechanisms and of data protection seals and marks, allowing data subjects to quickly assess the level of data protection provided by controllers and processors. The data protection certifications mechanisms shall contribute to the proper application ofAny controller or processor may request any supervisory authority in the Union, for a fixed fee, to certify that the processing of personal data is performed in compliance with this Regulation, taking account of the specific features of the various sectors and differents well as the contexts of and risks represented by the data processing operations.
Amendment 2360 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
Amendment 2361 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1a. The supervisory authorities shall co- operate with each other in accordance with Articles 46 and 57. In this regard, supervisory authorities shall grant controllers and processors which comply with this Regulation the standardised data protection mark, the "European Data Protection Seal".
Amendment 2363 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1 c (new)
Article 39 – paragraph 1 c (new)
1c. The "European Data Protection Seal" shall be valid for as long as the data protection level of the certified controller or processor fully complies with this Regulation.
Amendment 2364 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1 d (new)
Article 39 – paragraph 1 d (new)
1d. Notwithstanding paragraph 1c, the "European Data Protection Seal" shall be valid for maximum five years.
Amendment 2370 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. 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 data protection certification mechanisms referred to in paragraph 1, including conditions for granting and withdrawal, and requirements for recognition within the Union and in third countries. These delegated acts shall confer enforceable rights on data subjects.
Amendment 2376 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The Commission may lay down technicalshall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of laying down standards for certification mechanisms and data protection seals and marks and mechanisms to promote and recognize certification mechanisms and data protection seals and marks. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 2390 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1a. All transfers of data from a Cloud in European Union jurisdiction to a Cloud under the jurisdiction of a third country shall be accompanied with a notification to the data subject of such transfer and its legal effects.
Amendment 2392 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point a
Article 41 – paragraph 2 – point a
(a) the rule of law, relevant legislation in force, both general and sectoral, including concerning public security, defence, national security and criminal law, case law of the Courts, the professional rules and security measures which are complied with in that country or by that international organisation, as well as effective and enforceable rights including effective administrative and judicial redress for data subjects, in particular for those data subjects residing in the Union whose personal data are being transferred;
Amendment 2398 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. The Commission may decideshall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of deciding that a third country, or a territory or a processing sector within that third country, or an international organisation ensures an adequate level of protection within the meaning of paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 2400 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. The implementingdelegated act shall specify its geographical and secterritorial application, and, where applicable, identify the supervisory authority mentioned in point (b) of paragraph 2.
Amendment 2404 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The Commission may decideshall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of deciding that a third country, or a territory or a processing sector within that third country, or an international organisation does not ensure an adequate level of protection within the meaning of paragraph 2 of this Article, in particular in cases where the relevant legislation, both general and sectoral, in force in the third country or international organisation, does not guarantee effective and enforceable rights including effective administrative and judicial redress for data subjects, in particular for those data subjects residing in the Union whose personal data are being transferred. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2), or, in cases of extreme urgency for individuals with respect to their right to personal data protection, in accordance with the procedure referred to in Article 87(3).
Amendment 2409 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. The Commission shall publish in the Official Journal of the European Union, and on its website, a list of those third countries, territories and processing sectors within a third country and international organisations where it has decided that an adequate level of protection is or is not ensured.
Amendment 2413 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 8
Article 41 – paragraph 8
8. Decisions adopted by the Commission on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC shall remain in force, until amended, replaced or repealed by the Commisstwo years after the entry into force of this Regulation.
Amendment 2423 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point a a (new)
Article 42 – paragraph 2 – point a a (new)
(aa) a valid "European Data Protection Seal" pursuant to Article 39;
Amendment 2425 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point b
Article 42 – paragraph 2 – point b
Amendment 2444 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. A transfer based on standard data protection clauses or binding corporate rules as referred to in points (a), (b) or (c) of paragraph 2 shall not require any further authorisation.
Amendment 2456 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 2476 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 2 – point a
Article 43 – paragraph 2 – point a
(a) the structure and contact details of the group of undertakings and its members; and their external subcontractors;
Amendment 2485 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purposeEuropean Data Protection Board shall be entrusted with the task of further specifying the criteria and requirements for binding corporate rules within the meaning of this Article, in particular as regards the criteria for their approval, the application of points (b), (d), (e) and (f) of paragraph 2 to binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned, in accordance with Article 66.
Amendment 2489 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
4. The Commission mayshall, after requesting an opinion of the European Data Protection Board, be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying the format and procedures for the exchange of information by electronic means between controllers, processors and supervisory authorities for binding corporate rules within the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 2500 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point h
Article 44 – paragraph 1 – point h
Amendment 2511 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 2514 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Points (b), (c) and (hc) of paragraph 1 shall not apply to activities carried out by public authorities in the exercise of their public powers.
Amendment 2521 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
Amendment 2528 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying ‘'important grounds of public interest’' within the meaning of point (d) of paragraph 1 as well as the criteria and requirements for appropriate safeguards referred to in point (h) of paragraph 1.
Amendment 2530 #
2012/0011(COD)
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Article 44a Disclosures not authorized by Union law 1. No judgment of a court or tribunal and no decision of an administrative authority of a third country requiring a controller or processor to disclose personal data shall be recognized or be enforceable in any manner, without prejudice to a mutual assistance treaty or an international agreement in force between the requesting third country and the Union or a Member State. 2. Where a judgment of a court or tribunal or a decision of an administrative authority of a third country requests a controller or processor to disclose personal data, the controller or processor and, if any, the controller's representative, shall notify the supervisory authority of the request without undue delay and must obtain prior authorisation for the transfer by the supervisory authority. 3. The supervisory authority shall assess the compliance of the requested disclosure with the Regulation and in particular whether the disclosure is necessary and legally required in accordance with points (d) and (e) of paragraph 1 and paragraph 5 of Article 44. 4. The supervisory authority shall inform the competent national authority of the request. The controller or processor shall also inform the data subject of the request and of the authorisation by the supervisory authority. 5. The Commission may lay down the standard format of the notifications to the supervisory authority referred to in paragraph 2 and the information of the data subject referred to in paragraph 4 as well as the procedures applicable to the notification and information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 2595 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The supervisory authority shall notmay be competent to supervise processing operations of courts acting in their judicial capacity.
Amendment 2623 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point i a (new)
Article 53 – paragraph 1 – point i a (new)
(ia) to certify controllers and processors pursuant to Article 39;
Amendment 2639 #
2012/0011(COD)
Proposal for a regulation
Article 54
Article 54
Each supervisory authority must draw up an annual report on its activities at least every two years. The report shall be presented to the national parliament and shall be made be available to the public, the Commission and the European Data Protection Board.
Amendment 2640 #
2012/0011(COD)
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54a Lead Authority 1. Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member State, or where personal data of the residents in several Member States are processed, the supervisory authority of the main establishment of the controller or processor shall act as a single contact point for the controller or processor. 2. The lead authority shall ensure coordination with the authorities involved at any stage of supervisory proceedings against a controller or a processor within the meaning of paragraph 1. For that purpose it shall in particular submit any relevant information and consult the other authorities before it adopts a measure intended to produce legal effects vis-à-vis a controller or a processor within the meaning of paragraph 1. 3. Where the controller is not established in the Union, and residents in different Member States are affected by processing operations within the scope of this Regulation, the supervisory authorities of the Member States concerned shall designate the supervisory authority that will act as a single contact point for the controller or processor.
Amendment 2646 #
2012/0011(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Supervisory authorities shall provide each other relevant information and mutual assistance in order to implement and apply this Regulation in a consistent manner, and shall put in place measures for effective co- operation with one another. Mutual assistance shall cover, in particular, information requests and supervisory measures, such as requests to carry out prior authorisations and consultations, inspections and prompt information on the opening of cases and ensuing developments where the controller or processor has establishments in several Member States or where data subjects in several Member States are likely to be affected by processing operations. The lead authority as defined in Article 54a shall ensure the coordination with involved supervisory authorities and shall act as the single contact point for the controller or processor.
Amendment 2657 #
2012/0011(COD)
Proposal for a regulation
Article 55 – paragraph 10
Article 55 – paragraph 10
10. The CommissionEuropean Data Protection Board may specify the format and procedures for mutual assistance referred to in this article and the arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the European Data Protection Board, in particular the standardised format referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 2659 #
2012/0011(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. In cases where the controller or processor has establishments in several Member States or where data subjects in several Member States are likely to be affected by processing operations, a supervisory authority of each of those Member States shall have the right to participate in the joint investigative tasks or joint operations, as appropriate. The competent supervisory authoritylead authority as defined in Article 54a shall invite the supervisory authority of each of those Member States to take part in the respective joint investigative tasks or joint operations and respond to the request of a supervisory authority to participate in the operations without delay. The lead authority shall act as the single contact point for the controller or processor.
Amendment 2670 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. Any supervisory authority or the European Data Protection Board may request that any matter shall be dealt with in the consistency mechanism, in particular where a supervisory authority does not submit a draft measure referred to in paragraph 2 or does not comply with the obligations for mutual assistance in accordance with Article 55 or for joint operations in accordance with Article 56, or where a competent supervisory authority does not agree with the draft measure proposed by the lead authority.
Amendment 2677 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 7
Article 58 – paragraph 7
7. The European Data Protection Board shall issue an opinion on the matter, if the European Data Protection Board so decides by simple majority of its members or any supervisory authority or the Commission so requests within onetwo weeks after the relevant information has been provided according to paragraph 5. The opinion shall be adopted within one monthsix weeks by simple majority of the members of the European Data Protection Board. The chair of the European Data Protection Board shall inform, without undue delay, the supervisory authority referred to, as the case may be, in paragraphs 1 and 3, the Commission and the supervisory authority competent under Article 51 of the opinion and make it public.
Amendment 2680 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 8
Article 58 – paragraph 8
8. The supervisory authority referred to in paragraph 1 and the supervisory authority competent under Article 51 shall take the utmost account of the opinions of the European Data Protection Board and shall within two weeks after the information on the opinion by the chair of the European Data Protection Board, electronically communicate to the chair of the European Data Protection Board and to the Commission whether it maintains or amends its draft measure and, if any, the amended draft measure, using a standardised format.
Amendment 2684 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 8 a (new)
Article 58 – paragraph 8 a (new)
8a. Where the lead authority pursuant to Article 54a intends not to follow the opinion of the European Data Protection Board, it shall inform the European Data Protection Board thereof in writing within one month and provide a reasoned justification.
Amendment 2685 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 8 b (new)
Article 58 – paragraph 8 b (new)
8b. In a case where the European Data Protection Board still objects to the measure of the supervisory authority as referred to in paragraph 9, it may inform the Commission and invite it to submit a reasoned recommendation to the lead authority.
Amendment 2688 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
Amendment 2690 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 2692 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 2695 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
Amendment 2700 #
2012/0011(COD)
Proposal for a regulation
Article 60
Article 60
Amendment 2716 #
2012/0011(COD)
Proposal for a regulation
Article 61 a (new)
Article 61 a (new)
Article 61a Intervention by the Commission 1. Within ten weeks after a matter has been raised under Article 58, or at the latest within six weeks in the case of Article 61, the Commission may adopt, in order to ensure correct and consistent application of this Regulation, a reasoned recommendation in relation to matters raised pursuant to Articles 58 or 61. 2. Where the Commission has adopted a reasoned recommendation, in accordance with paragraph 1, the supervisory authority concerned shall take the utmost account of the Commission's recommendation and inform the Commission and the European Data Protection Board whether it intends to maintain or amend its draft measure 3. Where the supervisory authority concerned intends not to follow the opinion of the Commission, it shall inform the Commission and the European Data Protection Board thereof within one month and provide a reasoned justification. This reasoned justification shall be made publicly available. The supervisory authority may withdraw the draft measure at any stage of the procedure.
Amendment 2719 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – introductory part
Article 62 – paragraph 1 – subparagraph 1 – introductory part
1. The Commission may adopt implementing acts, after requesting an opinion of the European Data Protection Board, for:
Amendment 2720 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – point a
Article 62 – paragraph 1 – subparagraph 1 – point a
Amendment 2723 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – point b
Article 62 – paragraph 1 – subparagraph 1 – point b
Amendment 2725 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – point c
Article 62 – paragraph 1 – subparagraph 1 – point c
Amendment 2729 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 2736 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or at the request of the European Parliament, Council and the Commission, in particular:
Amendment 2738 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point a
Article 66 – paragraph 1 – point a
(a) advise the CommissEuropean Institutions on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
Amendment 2740 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point b
Article 66 – paragraph 1 – point b
(b) examine, on its own initiative or on request of one of its members or on request of the European Parliament, the Council or the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this Regulation, including on the use of enforcement powers;
Amendment 2743 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point d a (new)
Article 66 – paragraph 1 – point d a (new)
(da) provide an opinion on which authority should be the lead authority pursuant to Article 54a(3);
Amendment 2744 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point g a (new)
Article 66 – paragraph 1 – point g a (new)
(ga) give its opinion to the Commission in the preparation of delegated and implementing acts based on this Regulation;
Amendment 2749 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point g b (new)
Article 66 – paragraph 1 – point g b (new)
(gb) give an opinion on codes of conduct drawn up at Union level;
Amendment 2751 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point g c (new)
Article 66 – paragraph 1 – point g c (new)
(gc) elaborate with the supervisory authorities the fixed fee for the granting of the standardised data protection mark, the "European Data Protection Seal".
Amendment 2753 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. Where the European Parliament, the Council or the Commission requests advice from the European Data Protection Board, it may lay out a time limit within which the European Data Protection Board shall provide such advice, taking into account the urgency of the matter.
Amendment 2758 #
2012/0011(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The European Data Protection Board shall take decisions by a simple majority of its members, unless otherwise provided in its rules of procedure.
Amendment 2820 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered material or immaterial 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. It is in the responsibility of the processor to prove that the damage was not caused by him.
Amendment 2842 #
2012/0011(COD)
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2a. In applying the penalties referred to in paragraph 1 Member States shall show full respect for the principle of ne bis in idem, meaning that penalties may not be imposed twice regarding the same infringement of this Regulation.
Amendment 2850 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Each supervisory authority shall be empowered to impose administrative sanctions in accordance with this Article. The supervisory authorities shall cooperate with each other in accordance with Articles 46 and 57 to guarantee a consistent level of sanctions within the Union.
Amendment 2862 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the intentional or negligent character of the infringement, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach.
Amendment 2868 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 2 a (new)
Article 79 – paragraph 2 a (new)
2a. In order to determine the type, the level and the amount of the administrative sanction, the supervisory authority shall take into account all relevant circumstances, with due regard to the following criteria: (a) the possession of a valid "European Data Protection Seal" pursuant to Article 39, by the controller or the processor; (b) the nature, gravity and duration of the infringement; (c) the intentional or negligent character of the infringement; (d) the degree of responsibility of the natural or legal person and of previous infringements by this person; (e) the technical and organisational measures and procedures implemented pursuant to Articles 23 and 30, such as pseudonymisation; (f) the specific categories of personal data affected by the infringement; (g) the repetitive nature of the infringement; (h) the degree of harm suffered by data subjects, (i) the pecuniary interest leading to the infringement by the person responsible and the level of the profits gained or losses avoided by the person responsible, insofar as they can be determined; (j) the degree of cooperation with the supervisory authority in order to remedy the infringement and mitigate the possible adverse effects of the infringement; and (k) the refusal to cooperate with or obstruction of inspections, audits and controls carried out by the supervisory authority pursuant to Article 53.
Amendment 2888 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 4 – introductory part
Article 79 – paragraph 4 – introductory part
4. The supervisory authority shall impose a fine up tothat shall not exceed 250 000 EUR, or in case of an enterprise up to 0,51 % of its annual worldwide turnover, to anyone who, intentionally or negligently: (a) does not provide the mechanisms for requests by data subjects or does not respond promptly or not in the required format to data subjects pursuant to infringes Articles 12(1) and (2); (b) charges a fee for the information or for responses to the requests of data subjects in violation of Article 12(4).
Amendment 2901 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5 – introductory part
Article 79 – paragraph 5 – introductory part
5. The supervisory authority shall impose a fine up tothat shall not exceed 500 000 EUR, or in case of an enterprise up to 12 % 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 or hinders the data subject to transmit the personal data 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 infringes Articles 11, 12(3) and (4), 13, 14, 15, 16, 17, 18, 24, 28, 31(4), 44(3), 80, 82, 83.
Amendment 2921 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6
Article 79 – paragraph 6
6. The supervisory authority shall impose a fine up tothat shall not exceed 1 000 000 EUR or, in case of an enterprise up to 25 % 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 pursu infringes the provisions of this Regulation other thant 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 37; (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(2); (o) does not comply with the rules for safeguarding professional secrecy pursuant to Article 84hose referred to in paragraphs 4 and 5.
Amendment 2945 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 7
Article 79 – paragraph 7
7. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of updating the absolute amounts of the administrative fines referred to in paragraphs 4, 5 and 6, taking into account the criteria referred to in paragraph 2. and the development of standard costs of living.
Amendment 2955 #
2012/0011(COD)
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 general principles in Chapter II, the rights of the data subject in Chapter III, on controller and processor in Chapter IV, on the transfer of personal data to third countries and international organisations in Chapter V, the independent supervisory authorities in Chapter VI and on co-operation and consistency in Chapter VII for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expressionwhenever it is necessary in order to reconcile the right to the protection of personal data with the rules governing freedom of expression in accordance with the Charter of Fundamental Rights of the European Union.
Amendment 2996 #
2012/0011(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying other reasons of public interest in the area of public health as referred to in point (b) of paragraph 1, as well as criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1.
Amendment 3005 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. WIn accordance within the limits ofrules set out in this Regulation, Member States may adopt by law, in accordance with national law and practices, adopt specific rules regulating the processing of employees‘' personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. This is without prejudice to the Member States right to promote or permit collective agreements concluded between social partners which are more favourable to workers. The level of protection of this Regulation is to be the minimum standard by law or collective agreements.
Amendment 3034 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 2 a (new)
Article 82 – paragraph 2 a (new)
Amendment 3037 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 2 b (new)
Article 82 – paragraph 2 b (new)
2b. Open optical – electronic control or biometric devices are only allowed in exceptional cases and only with the consent of the workers representatives. The conditions for control are to be laid down through law or collective agreements.
Amendment 3041 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
Amendment 3045 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 3 a (new)
Article 82 – paragraph 3 a (new)
3a. Trade unions have the right to represent the workers concerned when taking a complaint to the supervisory authority, or when seeking a judicial remedy.
Amendment 3046 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 3 b (new)
Article 82 – paragraph 3 b (new)
3b. On a proposal from the Commission, the European Parliament and the Council shall review this Article no later than 2 years after the date referred to in Article 91(2).
Amendment 3078 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2 a (new)
Article 83 – paragraph 2 a (new)
2a. Member States can adopt specific measures to regulate the processing of personal data for historical, statistical or scientific purposes while respecting the provisions of paragraphs 1 and 2 of this Article as well as respecting fundamental rights as enshrined in the Charter of fundamental rights of the European Union.
Amendment 3081 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2 b (new)
Article 83 – paragraph 2 b (new)
2b. Each Member State shall notify to the Commission those provisions which it adopts pursuant to paragraph 1b, by the date specified in Article 91(2) at the latest and, without delay, any subsequent amendment affecting them.
Amendment 3091 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 3
Article 83 – paragraph 3
Amendment 3107 #
2012/0011(COD)
Proposal for a regulation
Article 85 a (new)
Article 85 a (new)
Article 85a General provision on Fundamental Rights The provisions of this Regulation shall guarantee the consistent application of the Charter of Fundamental Rights of the European Union and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union.
Amendment 3112 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
2. The delegation of power referred to in Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 336), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3)[Articles XXX] shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 3114 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. The delegation of power referred to in Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3)[Articles XXX] may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 3118 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. A delegated act adopted pursuant to Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3)[Articles XXX] shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of twofour months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 3122 #
2012/0011(COD)
Proposal for a regulation
Article 87 – paragraph 3
Article 87 – paragraph 3
Amendment 3130 #
2012/0011(COD)
Proposal for a regulation
Article 89 a (new)
Article 89 a (new)
Article 89a Data processing by EU Institutions, bodies, offices and agencies The Commission shall present by the date specified in Article 91(2) at the latest and, without delay a proposal for the revision of the legal framework applicable to the processing of personal data by the Union institutions, bodies, offices and agencies, to bring them in line with this Regulation with a view to ensuring consistent and homogeneous legal rules relating to the fundamental right to the protection of personal data in the European Union.
Amendment 3133 #
2012/0011(COD)
Proposal for a regulation
Annex 1 (new)
Annex 1 (new)
Amendment 350 #
2012/0010(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Further processing 1. Member States shall provide that personal data may only be further processed for another purpose set out in Article 1(1) which is not compatible with the purposes for which the data were initially collected if and to the extent that such further processing is necessary and proportionate in a democratic society and specifically required by Union or national law. Prior to any processing, the Member State shall consult the data protection supervisor and conduct a data protection impact assessment. 2. In addition to the requirements set out in Article 7(1a), Union or national law authorising further processing as referred to in paragraph 1 shall contain explicit and detailed provisions specifying at least as to: (a) the specific purposes and means of that particular processing; (b) that access is allowed only by the duly authorised staff of the competent authorities in the performance of their tasks where in a specific case there are reasonable grounds for believing that the processing of the personal data will contribute substantially to the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties; and (c) that appropriate safeguards are established to ensure the protection of fundamental rights and freedoms in relation to the processing of personal data. Member States may require that access to the personal data is subject to additional conditions such as judicial authorisation, in accordance with their national law. 3. Member States may also allow further processing for historical, statistical or scientific purposes provided that they establish appropriate safeguards, such as making the data anonymous.
Amendment 351 #
2012/0010(COD)
Proposal for a directive
Article 7 b (new)
Article 7 b (new)
Article 7b Different categories of data subjects 1. Member States shall provide that the competent authorities, for the purposes referred to in Article 1(1), may only process personal data of the following different categories of data subjects: (a) persons with regard to whom there are reasonable grounds for believing that they have committed or are about to commit a criminal offence; (b) persons convicted of a crime; (c) victims of a criminal offence, or persons with regard to whom certain facts give reasons for believing that he or she could be the victim of a criminal offence; (d) third parties to the criminal offence, such as persons who might be called on to testify in investigations in connection with criminal offences or subsequent criminal proceedings, or a person who can provide information on criminal offences, or a contact or associate to one of the persons mentioned in (a) and (b). 2. Personal data of other data subjects than those referred to under paragraph 1 may only be processed: (a) as long as necessary for the investigation or prosecution of a specific criminal offence in order to assess the relevance of the data for one of the categories indicated in paragraph 1; or (b) when such processing is indispensable for targeted, preventive purposes or for the purposes of criminal analysis, if and as long as this purpose is legitimate, well- defined and specific and the processing is strictly limited to assess the relevance of the date for one of the categories indicated in paragraph 1. This is the subject to regular review at least every six months, any further use is prohibited. 3. Member States shall provide that additional limitations and safeguards, according to national law, apply to the further processing of personal data relating to data subjects referred to in paragraph 1(c) and (d).
Amendment 649 #
2012/0010(COD)
Proposal for a directive
Article 46 a (new)
Article 46 a (new)
Article 46a 1. Member States shall ensure that each supervisory authority shall have the investigative power to obtain from the controller or the processor access to any of its premises, including to any data processing equipment and means. 2. Member States shall ensure that each supervisory authority shall be provided with any information and all documents necessary for the exercise of their investigative powers. No secrecy requirements may be opposed to the requests of the supervisory authorities, except for the professional secrecy requirement referred to in Article 43. 3. Member States may provide that additional security screening in line with national law is required for access to information classified at a level similar to EU CONFIDENTIAL or higher. If no additional security screening is required under the law of the Member State of the supervisory authority, this must be recognized by all other Member States.
Amendment 26 #
2011/2157(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and the Council to conclude mobility agreements with third countries in a spirit of reciprocity, specifically when concluding agreements dealing with the return or re- integration of irregular migrants;
Amendment 31 #
2011/2157(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that mobility agreements should focus particularly on enhancing mobility for students, university teachers and researchers, paying special attention in avoiding the repercussions of the phenomenon of brain drain for third countries;
Amendment 45 #
2011/2157(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to favourcontinue and strengthen the channelling of EU funds to projects aimed at protecting migrants' rights;
Amendment 190 #
2011/0402(CNS)
Proposal for a decision
Article 3 – paragraph 1 – subparagraph 1 – point d a (new)
Article 3 – paragraph 1 – subparagraph 1 – point d a (new)
(da) Spreading excellence and widening participation; Or. en(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 194 #
2011/0402(CNS)
Proposal for a decision
Article 3 – paragraph 1 – subparagraph 1 – point d b (new)
Article 3 – paragraph 1 – subparagraph 1 – point d b (new)
(db) Responsible research and innovation. Or. en(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 228 #
2011/0402(CNS)
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 243 #
2011/0402(CNS)
Proposal for a decision
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The President shall be appointed by the Commission following a transparent recruitment process involving an independent dedicated search committee, for a term of office limited to four years, renewable once. The recruitment process and the candidate selected shall have the approval of the Scientific Council.
Amendment 318 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 1 – point 1.4 – paragraph 3
Annex 1 – point 1 – point 1.4 – paragraph 3
The equity facility will provide venture and/or mezzanine capital to individual enterprises in the early stage (start-up window) as well as knowledge and technology transfer processes at the stages prior to the industry uptake phase (proof- of-concept window). The facility will also have the possibility to make expansion and growth- stage investments in conjunction with the Equity Facility for Growth under the Programme for the Competitiveness of Enterprises and SMEs, including in funds- of-funds.
Amendment 321 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 1 – point 1.4 – paragraph 4
Annex 1 – point 1 – point 1.4 – paragraph 4
These facilities will be central to the specific objective ‘Access to risk finance’ but may, where relevant, also be used across all other specific objectives of Horizon 2020. Every effort will be undertaken to ensure the widest possible participation in the programme, of companies and/or organisations from all Member States, and significantly facilitate access to funding.
Amendment 327 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 1 – point 1.5 – paragraph 1
Annex 1 – point 1 – point 1.5 – paragraph 1
A key added value of research and innovation funded at the Union level is the possibility to disseminate and communicate results on a continent wide scale to enhance their impact. Horizon 2020 will therefore include, under all of its specific objectives, dedicated support to dissemination (including through open access to research results), communication and dialogue actions, with a strong emphasis on communicating results to end- users, citizens, civil society organisations, industry and policy makers. To this extent, Horizon 2020 may make use of networks for information transfer. Communication activities undertaken in the context of Horizon 2020 will also seek to raise public awareness on the importance of research and innovation by means of publications, events, knowledge repositories, databases, websites or a targeted use of social media. Free open access to publications resulting from research funded by Horizon 2020 shall be mandatory. Free open access to scientific data produced or collected within research funded by Horizon 2020 shall be promoted.
Amendment 405 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 2 – point 2.4 – paragraph 2 a (new)
Annex 1 – section 1 – point 2 – point 2.4 – paragraph 2 a (new)
At least 60% of FEST resources will be devoted to bottom-up collaborative frontier research in all fields, whereas no more than 25% will be concentrated in pursuing a few challenging FEST flagships.
Amendment 410 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 3 – point 3.1 – paragraph 4
Annex 1 – section 1 – point 3 – point 3.1 – paragraph 4
These training programmes will address the development and broadening of core research competences, allowing researchers to develop their research curriculum, while equipping researchers with a creative mind, an entrepreneurial outlook and innovation skills that will match the future needs of the labour market. The programmes will also provide training in transferable competences such as team-work, risk- taking, project management, standardisation, entrepreneurship, ethics, IPR, communication and societal outreach which are essential for the generation, development, commercialisation and diffusion of innovation.
Amendment 413 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 3 – point 3.2 – paragraph 1
Annex 1 – section 1 – point 3 – point 3.2 – paragraph 1
Europe has to be attractive for the best researchers, European and non-European. This will be achieved in particular by supporting attractive career opportunities for early stage and experienced researchers in both public and private sectors, and encouraging them to move between countries, sectors and disciplines to enhance their creative and innovative potential.
Amendment 447 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.3 – paragraph 1
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.3 – paragraph 1
The aim is to achieve by 2020 a single and open European space for online research where researchers enjoy leading-edge, ubiquitous and reliable services for networking and computing, and seamless and open access to e-Science environments and global data resources. It is therefore appropriate for 38% of the budget under this specific objective to go towards research and innovation in e- infrastructures.
Amendment 450 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.3 – paragraph 2 a (new)
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.3 – paragraph 2 a (new)
Universal online access by European universities and research institutions to the bulk of the world scientific publications will be supported by consolidating a EU e-infrastructure for an Online Open Science Library.
Amendment 451 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 4 – point 4.2 – point 4.2.2 – paragraph 2
Annex 1 – section 1 – point 4 – point 4.2 – point 4.2.2 – paragraph 2
The Union funding will support the education and training of staff using, managing and operating research infrastructures of pan-European interest, the exchange of staff and best practices between facilities, including a secondment scheme for senior staff and project managers, and the adequate supply of human resources in key disciplines, including the emergence of specific education curricula.
Amendment 457 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 4 a (new)
Annex 1 – section 1 – point 4 a (new)
Amendment 480 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 1 – point 1.1 – point 1.1.4 – introductory part
Annex 1 – section 2 – point 1 – point 1.1 – point 1.1.4 – introductory part
1.1.4. Content technologies and information management: ICT for digital content, cultural industries including cultural heritage and tourism, and creativity
Amendment 483 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 1 – point 1.1 – point 1.1.4 – paragraph 1
Annex 1 – section 2 – point 1 – point 1.1 – point 1.1.4 – paragraph 1
The objective is to provide professionals and citizens with new tools to create, exploit and preserve all forms of digital content in any language and to model, analyse, and visualise vast amounts of data, including linked data. This includes new technologies for language, learning, interaction, digital preservation, content access and analytics; intelligent information management systems based on advanced data mining in fields such as tourism, machine learning, statistical analysis and visual computing technologies.
Amendment 549 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 2 – point 2.2 – paragraph 1 a (new)
Annex 1 – section 2 – point 2 – point 2.2 – paragraph 1 a (new)
The equity facility will also support knowledge and technology transfer processes at the stages prior to the industry uptake phase with the aim of verifying and, where appropriate, increasing the innovatory market impact of the transfer.
Amendment 565 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 2
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 2
Amendment 585 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.2 – point 3.2.3 a (new)
Annex 1 – section 2 – point 3 – point 3.2 – point 3.2.3 a (new)
3.2.3 a. (da) Supporting the transfer of knowledge and technology between public research and the market. The objective is to support the transfer processes between the sphere of public research and innovative SMEs, as an effective mechanism for the market transfer of research results and inventions generated by universities and research centres.
Amendment 586 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – introductory part
Annex 1 – section 3 – point 1 – introductory part
1. Health, demographic change and wellbeing
Amendment 593 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – paragraph 3
Annex 1 – section 3 – point 1 – paragraph 3
An increasing disease, particularly chronic disease, and disability burden in the context of an aging population places further demands on health and care sectors. If effective health and care is to be maintained for all ages, efforts are required to improve decision making in prevention and treatment provision, to identify and support the dissemination of best practice in the healthcare sector, and to support integrated care and the uptake of technological, organisational and social innovations empowering older persons in particular to remain active and independent. Doing so will contribute to increasing, and lengthening the duration of their physical, social, and mental well- being.
Amendment 603 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.1 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.1 – paragraph 1
A better understanding of the determinants of health is required in order to provide evidence for effective health promotion and disease prevention, and will also allow the development of comprehensive health and wellbeing indicators in the Union. Environmental, occupational, behavioural (including life- style), socio-economic and genetic(with special attention to poverty), genetic and pathogen factors, in their broadest senses will be studied. Approaches will include the long term study of cohorts and their linkage with data derived from ‘-omics’ research, and other methods.
Amendment 614 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.5 – introductory part
Annex 1 – section 3 – point 1 – point 1.5 – introductory part
1.5. Developing new and better preventive vaccines
Amendment 615 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.5 – introductory part
Annex 1 – section 3 – point 1 – point 1.5 – introductory part
1.5. Developing better preventive vaccines and drugs
Amendment 617 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.5 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.5 – paragraph 1
There is a need for more effective drugs and preventive vaccines (or alternative preventive interventions) and evidence- based vaccination schemes for an expanded range of diseases. This relies on a better understanding of disease and disease processes and their consequent epidemics, and that clinical trials and associated studies are undertaken.
Amendment 626 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.8 – introductory part
Annex 1 – section 3 – point 1 – point 1.8 – introductory part
1.8. TDeveloping adapted treatments and treating disease
Amendment 632 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.8 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.8 – paragraph 1
There is a need to support the improvement of cross-cutting support technologies for drugs, vaccines and other therapeutic approaches, including transplantation, gene and cell therapy; to increase success in the drug and vaccine development process (including alternative methods to replace classical safety and effectiveness testing e.g. the development of new methods); to develop regenerative medicine approaches, including approaches based on stem cells; to develop improved medical and assistive devices and systems; to maintain and enhance our ability to combat communicable, rare, major and chronic diseases and undertake medical interventions that depend on the availability of effective antimicrobial drugs; and to develop comprehensive approaches to treat co-morbidities at all ages and avoid poly-pharmacy. These improvements will facilitate the development of new, more efficient and adapted, effective and sustainable treatments for disease and for the management of disability.
Amendment 635 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.9 – introductory part
Annex 1 – section 3 – point 1 – point 1.9 – introductory part
1.9. Transferring knowledge to clinical practice and scalable innovation actions including psychosocial aspects
Amendment 640 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.10 – introductory part
Annex 1 – section 3 – point 1 – point 1.10 – introductory part
1.10. Better collection and use of health data and standardised data analysis techniques
Amendment 645 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.12 – introductory part
Annex 1 – section 3 – point 1 – point 1.12 – introductory part
1.12. AHealthy and active ageing, independent and assisted living
Amendment 646 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.13 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.13 – paragraph 1
Empowering individuals to improve and manage their health throughout life will result in cost savings to healthcare systems by enabling the management of chronic disease outside institutions and improve health outcomes. This requires research into behavioural and social models, social attitudes and aspirations in relation to personalised health technologies, mobile and/or portable tools, new diagnostics and personalised services which promote a healthy lifestyle, wellbeing, self-care, improved citizen/healthcare professional interaction, personalised programmes for disease and disability management to enhance patients' personal and social autonomy, as well as support for knowledge infrastructures.
Amendment 649 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.14 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.14 – paragraph 1
Supporting the management of chronic disease outside institutions also depends on improved cooperation between the providers of health and social or informal care. Research and innovative applications will be supported for decision making based on distributed information, and for providing evidence for large scale deployments and market exploitation of novel solutions, including interoperable tele-health and tele-care services. Research and innovation to improve the organisation of public health systems and long-term care delivery will also be supported.
Amendment 665 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.1 – introductory part
Annex 1 – section 3 – point 2 – point 2.1 – introductory part
2.1. Sustainable agriculture, including livestock farming and forestry
Amendment 672 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.1 – paragraph 1
Annex 1 – section 3 – point 2 – point 2.1 – paragraph 1
Appropriate knowledge, tools, services and innovations are necessary to support more productive, resource-efficient and resilient agriculture and forestry systems that supply sufficient food, feed, biomass and other raw-materials and deliver ecosystems services while at the same time supporting the development of thriving rural livelihoods, safeguarding consumer health and reducing the environmental impact. Research and innovation will provide options for integrating agronomic and environmental goals into sustainable production, thus: increasing productivity and resource efficiency of agriculture; reducing agricultural greenhouse gases (GHGs) emissions; reducing leaching of nutrients from cultivated lands into terrestrial and aquatic environments; decreasing dependence from international plant derived protein imports to Europe; increasing the level of biodiversity in primary production systems.
Amendment 676 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.1 – point 2.1.1 – paragraph 1
Annex 1 – section 3 – point 2 – point 2.1 – point 2.1.1 – paragraph 1
Activities will enhance productivity as well as the adaptive capacity of plants, animals and production systems to cope with rapidly changing environmental/climatic conditions and increasingly scarce natural resources. The resulting innovations will help to move towards a low energy, low emission and low waste economy, along the entire food and feed supply chain. In addition to contributing to food security and consumer health, new opportunities will be created for the use of biomass and by-products from agriculture and forestry for a wide range of non-food applications.
Amendment 692 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.1 – point 2.1.2 – paragraph 1
Annex 1 – section 3 – point 2 – point 2.1 – point 2.1.2 – paragraph 1
Agriculture and forestry are unique systems delivering commercial products but also wider societal public goods (including cultural and recreational value) and important ecological services such as functional and in-situ biodiversity, pollination, water regulation, and landscape, erosion reductionand in areas relating to erosion, drought and carbon sequestration / GHG mitigation. Research activities will support the provisions of these public goods and services, through the delivery of management solutions, decision-support tools and the assessment of their non- market value. Specific issues to be dealt with include the identification of farming/forest systems and landscape patterns likely to achieve these goals. Shifts in the active management of agricultural systems - including the use of technologies and change of practices - will increase GHG mitigation and the adaptive capacity of the agriculture sector to the adverse effects of climate change.
Amendment 699 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.2 – paragraph 1
Annex 1 – section 3 – point 2 – point 2.2 – paragraph 1
Consumer needs for safe, healthy and affordable food have to be addressed, while considering the impacts of food consumption behaviour and food and feed production on human health and the total ecosystem. Food and feed security and safety, the competitiveness of the European agri-food industry and the sustainability of food production and supply will be addressed, covering the whole food chain and related services, whether conventional or organic, from primary production to consumption. This approach will contribute to (a) achieving food safety and security for all Europeans and eradication of hunger in the world (b) decreasing the burden of food- and diet-, diet- and (child and adult) obesity- related diseases by promoting the shift towards healthy and sustainable diets, via consumer education and innovations in the food industry (c) reducing water and energy consumption in food processing, transport and distribution and (d) reducing food waste by 50 % by 2030.
Amendment 711 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.3 – introductory part
Annex 1 – section 3 – point 2 – point 2.3 – introductory part
2.3. Unlocking the potential of aquatic living resourcfisheries, aquaculture and marine biotechnologies
Amendment 724 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.4 a (new)
Annex 1 – section 3 – point 2 – point 2.4 a (new)
2.4a. Cross-cutting marine and maritime research 2.4a.1.Climate change impact on marine ecosystems and maritime economy Activities will be supported to increase the current understanding of the functioning of marine ecosystems, the interactions between oceans-atmosphere. This will increase the ability to assess the role of the oceans on climate and the impact of climate change and ocean acidification on marine ecosystems and coastal areas. 2.4a.2.Develop the potential of marine resources through an integrated approach Boosting long-term, sustainable maritime growth and create synergies across all the maritime sectors requires an integrated approach. Research activities will focus on preserving the marine environment as well as the impact of maritime activities and products on non-maritime sectors. This will allow advances in the field of eco-innovation such as new products, processes and the application of management concepts, tools and measures to assess and mitigate the impact of human pressures on the marine environment in order to advance towards a sustainable management of maritime activities. 2.4a.3. Cross-cutting concepts and technologies enabling maritime growth Advances in cross-cutting enabling technologies (e.g. ICT, electronics, nanomaterials, alloys, biotechnologies, etc) and new developments and concepts in engineering will continue to enable growth. Activities will allow major breakthroughs in the field of marine and maritime research and ocean observation (e.g. deep-sea research, observing systems, sensors, automated systems for monitoring of activities and surveillance, screening marine biodiversity, marine geohazards, ROVs, etc). The aim is to reduce the impact on the marine environment (e.g. underwater noise, introduction of invasive species and pollutants from sea and land, etc) and minimize the carbon foot-print of human activities. Cross-cutting enabling technologies will underpin the implementation of marine and maritime Union policies.
Amendment 816 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 3 – point 3.8 – paragraph 3
Annex 1 – section 3 – point 3 – point 3.8 – paragraph 3
Partnering with European stakeholders will be important to share resources and implement jointly. It may be envisaged, on a case by case basis, that existing European Industrial Initiatives of the SET Plan are turned into formalised public-private partnerships, if considered appropriate, to increase the level and coherence of national funding and to stimulate joint research and innovation actions among Member States. Consideration will be given to provide support, including with Member States, to alliances of public research performers, in particular, the European Energy Research Alliance established under the SET Plan to pool public research resources and infrastructures to address critical research areas of European interest. International coordination actions shall support the SET Plan priorities according to the variable geometry principle, taking account of countries capabilities and specificities. Horizon 2020 funding will not be provided through mechanisms that require the pooling of national co-funding unless measures are in place that allow the full participation of project partners from countries unable to provide co- funding.
Amendment 829 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 4 – point 4.1 – paragraph 3 – point 4.1.2 – paragraph 1
Annex 1 – section 3 – point 4 – point 4.1 – paragraph 3 – point 4.1.2 – paragraph 1
This will help optimise transport operations and reduce resource consumption. The focus will be on the efficient use and management of airports, ports, logistic platforms and surface transport infrastructures, as well as on autonomous and efficient maintenance and inspection systems. Particular attention will be given to the climate resilience of infrastructures, cost-efficient solutions based on a life- cycle approach, and the wider take-up of new materials allowing for more efficient and lower cost maintenance. Attention will also be paid to accessibility –particularly in isolated and island areas – and social inclusiveness.
Amendment 840 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 4 – point 4.3 a (new)
Annex 1 – section 3 – point 4 – point 4.3 a (new)
4.3 a. Smart logistics This will help to design and develop more efficient and greener logistics transport systems through facilitation and cost/time optimisation. This includes a better understanding of consumer patterns and the impact on urban freight logistics, traffic and congestion is needed in order to develop smart logistics; to develop new IT and management tools for logistics, by improving real time information systems to manage, track and trace freight flows, integration and communication on vehicle and with infrastructure; to develop unconventional systems for goods distribution; to develop competitive intermodal solutions for the supply chain and logistics platforms that improve freight flows.
Amendment 847 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 5 – point 5.1 – point 5.1.2 – paragraph 1
Annex 1 – section 3 – point 5 – point 5.1 – point 5.1.2 – paragraph 1
There is incomplete knowledge on the ability of society and the economy to adapt to climate change. Effective, equitable and socially acceptable measures towards a climate resilient environment and society require the integrated analysis of current and future impacts, vulnerabilities, population exposure, risks, costs and opportunities associated with climate change and variability, taking into account extreme events and related climate-induced hazards and their recurrence. This analysis will also be developed on the adverse impacts of climate change on biodiversity, ecosystems and ecosystem services, infrastructures and economic and natural assets. Emphasis will be placed on the most valuable natural ecosystems and built environments in the most vulnerable areas, such as islands, as well as key societal, cultural and economic sectors across Europe. Actions will investigate the impacts and growing risks for human health stemming from climate change and increased greenhouse gases concentrations in the atmosphere. Research will evaluate innovative, equitably distributed and cost- effective adaptation responses to climate change, including the protection and adaptation of natural resources and ecosystems, and related effects, to inform and support their development and implementation at all levels and scales. This will also include the potential impacts, costs and risks, of geo-engineering options. The complex inter-linkages, conflicts and synergies of adaptation and risk-prevention policy choices with other climate and sectoral policies will be investigated, including impacts on employment and the living standards of vulnerable groups.
Amendment 865 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 5 – point 5.3 – paragraph 1
Annex 1 – section 3 – point 5 – point 5.3 – paragraph 1
Sectors such as construction, chemicals, automotive, aerospace, machinery and equipment, which have a combined added value in excess of EUR 1,000 billion and provide employment for some 30 million people, all depend on access to raw materials. The Union is self-sufficient in construction minerals. Nonetheless, whilst the Union is one of the world's largest producers of certain industrial minerals, it remains a net importer of most of them. Furthermore, the Union is highly dependent on imports of metallic minerals and is totally import dependent for some critical raw materials.
Amendment 878 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 6 – introductory part
Annex 1 – section 3 – point 6 – introductory part
6. Inclusive, innovative and secure societiesUnderstanding European societies and societal change
Amendment 888 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 6 – point 6.1 – point 6.1.1 – introductory part
Annex 1 – section 3 – point 6 – point 6.1 – point 6.1.1 – introductory part
6.1.1. Promoting smart, sustainable and inclusive growth taking into account the economic and social European diversity and its dynamics of change
Amendment 890 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 6 – point 6.1 – point 6.1.2 – introductory part
Annex 1 – section 3 – point 6 – point 6.1 – point 6.1.2 – introductory part
6.1.2. Building resilient and inclusive societies in Europe by strengthening the knowledge base in areas such as inequalities, demographic and family change, mobility, education and social policies, as well as citizenship
Amendment 896 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 6 – point 6.1 – point 6.1.2 a (new)
Annex 1 – section 3 – point 6 – point 6.1 – point 6.1.2 a (new)
6.1.2a. Efforts to address European models for social cohesion and well-being as international benchmarks Europe and the Union have developed a specific and rather unique combination of economic progress, social policies aimed at a high level of social cohesion, humanistic shared cultural values embracing democracy and the rule of common law, human rights, the respect and preservation of the diversity of cultural heritage, as well as the promotion of education and science, arts and humanities as fundamental drivers of social and economic progress and wellbeing. This "European Social Model" has somehow contributed to shaping the unity of Europe and its international role. Globalisation and demography, as well as European integration itself, and the shifting international economical and financial environment, can now be perceived both as major challenges and as factors shaping the diversity and the future of European social models of economic development. Research able to contribute new knowledge to our understanding of those factors and challenges across Europe, and how public policies may interact and contribute to the sustainability of our major social and economic objectives, is therefore a priority to be addressed. Benchmarking the dynamics of European societies and economies in view of strengthening Europe's unity and inclusiveness as fundamental drivers of economic and social progress, assessing and comparing public policies against the variety of challenges across Europe, understanding the new conditions and opportunities for greater European integration, assessing the role of the European model and of its social, cultural, scientific and economic components and synergies as sources of comparative Union advantages at world level, shall be considered.
Amendment 926 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 6 – point 6.2 – point 6.2.3 a (new)
Annex 1 – section 3 – point 6 – point 6.2 – point 6.2.3 a (new)
6.2.3a. Research on and compare processes which provide a favourable background to creativity and innovation. Providing a better understanding of the social, cultural, economic and political context for innovation shall be a priority. New knowledge on how "innovative societies" emerge and prosper is needed. In the current international economic context, this requires a fresh view of the conditions for sustainability of innovative socio-economic environments based on detailed and systematic field work and comparative analysis. Social cohesion and predictable justice, education, democracy, tolerance and diversity are factors that need to be carefully considered with a view to identifying and better exploiting European comparative advantages at world level and of providing improved evidence-based support to innovation policies. In particular, the role of youth perception of the opportunities for innovation in the current economic environment of high unemployment in many EU regions shall be carefully understood in relation to education and to the risk of brain-drain. The role of risk governance policies need to be better understood in its relations with innovation policies and the shaping factors and actors of innovation. Clarifying, in the context of innovation, some of the current controversies, namely the debate risk versus precaution, or the role of distinct regulatory environments, is of major importance and requires new unbiased scientific approaches.
Amendment 927 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 6 – point 6.2 – point 6.2.4 – introductory part
Annex 1 – section 3 – point 6 – point 6.2 – point 6.2.4 – introductory part
6.2.4. PromotingUnderstand how coherent and effective cooperation in research and advanced training with third countries fosters innovation.
Amendment 928 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 6 – point 6.2 – point 6.2.4 – paragraph 1
Annex 1 – section 3 – point 6 – point 6.2 – point 6.2.4 – paragraph 1
Horizontal activities will ensure the strategic development of international cooperation across Horizon 2020 and address cross-cutting policy objectives. AThere is a need to understand and promote activities to support bilateral, multilateral and bi-regional policy dialogues in research and innovation with third countries, regions, international fora and organisations will facilitate policy exchange, mutual learning and priority setting, promote reciprocal access to programmes and monitor the impact of cooperation. Networking and twinning activities will facilitate optimal partnering between research and innovation actors on both sides and improve competencies and cooperation capacity in less advanced third countries. Activities will explore and promote coordination of Union and national cooperation policies and programmes as well as joint actions of Member States and Associated Countries with third countries in order to enhance their overall impact. Finally, the European research and innovation ‘presence’ in third countries will be consolidated and strengthened, notably by promoting the creation of European ‘science and innovation houses’, services to European organisations extending their activities into third countries and the opening of research centres established jointly with third countries to organisations or researchers from other Member States and Associated Countries.
Amendment 5 #
2011/0167(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that both the content of previous versions of the agreement as well as the current text together with the level of transparency connected with the negotiations of the agreement have been questioned repeatedly by Parliament; underlines that in line with Article 218(10) of the Treaty on the Functioning of the European Union (TFEU) Parliament must be immediately and fully informed at all stages of the procedure; takes the view that adequate transparency has not been achieved throughout the negotiations on ACTA; recognises that efforts to inform Parliament have been undertaken by the Commission1, but regrets that the requirement of transparency has been construed very narrowly and only as a result of pressure by Parliament and civil society; ______________ 1 http://ec.europa.eu/trade/tackling-unfair- trade/acta/transparency/
Amendment 19 #
2011/0167(NLE)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates that limitations on the exercise of the rights and freedoms recognised by the Charter must comply with the provisions of the ECHR and with Article 52 of the Charter which prescribe that such limitations be provided for by law, necessary and proportionate to the legitimate aims pursued;
Amendment 24 #
2011/0167(NLE)
Draft opinion
Paragraph 12
Paragraph 12
12. Underlines that there is still significant legal uncertainty in the manner in which some key provisions of ACTA have been drafted (e.g. Article 11 (Information related to Infringements), Article 23 (criminal offences), Article 27 (scope of the enforcement measures in the digital environment), especially Article 27(3) (cooperation mechanisms),and Article 27(4)); warns against the potential to deliver 'fragmented approaches within the EU' with risks of inadequate compliance with the right to protection of personal data; points out that these risks are especially present as regards Article 27(3) and 27(4) in light of the lack of precision of those texts but also having in mind the practices currently taking place in some Member States (e.g. large scale monitoring of Internet by private parties) whose conformity with the Charter is questionable;
Amendment 27 #
2011/0167(NLE)
Draft opinion
Paragraph 13
Paragraph 13
13. Moreover, points out, that while several ACTA provisions (e.g. Article 27 (3) and (4)) are of non-mandatory nature and thus do not establish ‘any legal obligation of the Parties which would be contrary to fundamental rights’, the lack of specificity of the provisions, of sufficient limitations and safeguards casts a doubt on the necessary level of legal certainty required from ACTA (e.g. safeguards against misuse of personal data or to protect the right of defence); emphasises that these deficiencies should not be acceptable in an agreement where the Union is a contracting party; recalls that other international agreements with fundamental rights implications have secured a higher level of precision and safeguards1 ______________ 1 See for example Council of Europe - Convention on Cybercrime CETS No. 185, Budapest 23 November 2001.
Amendment 28 #
Amendment 29 #
2011/0167(NLE)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Finds it disappointing that additional and substantial efforts to further consult all the stakeholders and incorporate their views were not undertaken in the run-up to the negotiations on ACTA; deplores that the high standards of transparency and good governance the Union is striving to set have not been met as regards ACTA; believes, therefore, that ACTA comes at a very premature stage in particular with regard to areas where the Union has not yet had the chance to have thorough public deliberation;
Amendment 33 #
2011/0167(NLE)
15. Considers that when fundamental rights are at stake ambiguity must be avoided and at the least reduced to a minimum; moreover, and without assigning any wrongful intentions ("procès d'intention") to the ACTA implementation measures, takes the view that in the current state of affairs precaution should be exercised as regards ACTA in lightis of the view that ACTA has not avoided such ambiguity, but, ofn the serious and remaining question-marks surrounding the balance reached within the agreement between IPRs and other core fundamental rights and its level of legal certaincontrary, has entailed additional and various layers of ambiguity.;
Amendment 38 #
2011/0167(NLE)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is of the view that ACTA fails to secure adequate safeguards and an appropriate balance between IPRs and other core fundamental rights, as well as failing to secure the necessary legal certainty for key provisions of ACTA;
Amendment 42 #
2011/0167(NLE)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. In light of all of the above and without prejudice to the CJEU's assessment on the matter, but taking into consideration Parliament's role in the protection and promotion of fundamental rights, concludes that ACTA is incompatible with the rights enshrined in the Charter and calls on the Committee on International Trade, as the committee responsible, to recommend that Parliament declines to consent to the conclusion of ACTA.
Amendment 1846 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The documentation shall contain at least the following information: (a) the name and contact details of the controller, or any joint controller or processor, and of the representative, if any; (b) the name and contact details of the data protection officer, if any; (c) the purposes of the processing, including the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1); (d) a description of categories of data subjects and of the categories of personal data relating to them; (e) the recipients or categories of recipients of the personal data, including the controllers to whom personal data are disclosed for the legitimate interest pursued by them; (f) where applicable, transfers of data to a third country or an international organisation, including the identification of that third country or international organisation and, in case of transfers referred to in point (h) of Article 44(1), the documentation of appropriate safeguards; (g) a general indication of the time limits for erasure of the different categories of data; (h) the description of the mechanisms referred to in Article 22(3) listed in Article 14.
Amendment 1890 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The obligations referred to in paragraphs 1 and 2 shall not apply to the following controllers and processors: (a) a natural person processing personal data without a commercial interest; or (b) an enterprise or an organisation employing fewer than 250 persons that is processing personal data only as an activity ancillary to its main activities.
Amendment 1908 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1914 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 1930 #
2011/0011(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The controller and the processor shall, following an evaluation of the risks, take the measures referred to in paragraph 1 to protect personal data against accidental or unlawful destruction or accidental loss and to prevent any unlawful forms of processing, in particular any unauthorised disclosure, dissemination or access, or alteration of personal data implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected, such as pseudonymisation, having regard to the state of the art and the costs of their implementation.
Amendment 1938 #
2011/0011(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purposeEuropean Data Protection Board shall be entrusted with the task of further specifying the criteria and conditions for the technical and organisational measures referred to in paragraphs 1 and 2, including the determinations of what constitutes the state of the art, for specific sectors and in specific data processing situations, in particular taking account of developments in technology and solutions for privacy by design and data protection by default, unless paragraph 4 applies, in accordance with Article 66.
Amendment 1944 #
2011/0011(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 1954 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 724 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 724 hours.
Amendment 1989 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for establishing the data breach referred to in paragraphs 1 and 2 and for the particular circumstances in which a controller and a processor is required to notify the personal data breach.
Amendment 1994 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The Commission may lay down the standard format of such notification to the supervisory authority, the procedures applicable to the notification requirement and the form and the modalities for the documentation referred to in paragraph 4, including the time limits for erasure of the information contained therein. Those implementing acts shall be adopted, after requesting an opinion of the European Data Protection Board, in accordance with the examination procedure referred to in Article 87(2).
Amendment 2009 #
2011/0011(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements as to the circumstances in which a personal data breach is likely to adversely affect the personal data referred to in paragraph 1.
Amendment 2013 #
2011/0011(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The Commission may lay down the format of the communication to the data subject referred to in paragraph 1 and the procedures applicable to that communication. Those implementing acts shall be adopted, after requesting an opinion of the European Data Protection Board, in accordance with the examination procedure referred to in Article 87(2).
Amendment 2041 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
(d) personal data in large scale filing systems on children, geneticrocessing of special categories of data as referred to in Article 9(1), location data or , biometric data, or data on children;
Amendment 2048 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The assessment shall contain at least a general description of (a) the envisaged processing operations, and their necessity and proportionality in relation to the purpose; (b) an assessment of the risks to the rights and freedoms of data subjects,; (c) the measures envisaged to address the risks, and minimise the volume of personal data which is processed; (d) safeguards, security measures and mechanisms to ensure the protection of personal data, such as pseydonymisation, and to demonstrate compliance with this Regulation, taking into account the rights and legitimate interests of data subjects and other persons concerned.
Amendment 2080 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
6. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the processing operations likely to present specific risks referred to in paragraphs 1 and 2 and the requirements for the assessment, referred to in paragraph 3, including conditions and procedures for scalability, verification and auditability. In doing so, the Commission shall consider specific measures for micro, small and medium- sized enterprises.
Amendment 2085 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
Amendment 20 #
2010/0275(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The representatives of the Member States, meeting in the European Council on 13 December 2003, decided that the European Network and Information Security Agency (ENISA), that was to be established on the basis of the proposal submitted by the Commission, would have its seat in a town in Greece to be determined by the Greek Government. The seat of the Agency is in Heraklion, Crete.