2 Amendments of Philippe DE BACKER related to 2012/2011(COD)
Amendment 19 #
Proposal for a regulation
Recital 123
Recital 123
(123) The processing of personal data concerning health may be necessary for reasons of public interest in the areas of public health, without consent of the data subject. In that context, ‘public health’ should be interpreted as defined in Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work, meaning all elements related to health, namely health status, including morbidity and disability, the determinants having an effect on that health status, health care needs, resources allocated to health care, the provision of, and universal access to, health care as well as health care expenditure and financing, and the causes of mortality. Such processing of personal data concerning health for reasons of public interest should not result in personal data being processed for other purposes by third parties such as employers, insurance and banking companies, except in those cases when they are participating in the organisation and execution of the social security system.
Amendment 36 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller. There shall be no significant imbalance when the data processing is clearly intended to have legally or financially advantageous consequences for the data subject, particularly in the employment context or when protecting against risk.