9 Amendments of Josef WEIDENHOLZER related to 2012/0010(COD)
Amendment 171 #
Proposal for a directive
Citation 1
Citation 1
– Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(21) and Article 16(2) thereof, as well as to Article 82(2)(b) and Article 82(2)(c) thereof as well as to Article (7) of the Charter of Fundamental Rights of the European Union as well to Articles 8(2)(3) thereof,
Amendment 172 #
Proposal for a directive
Recital 1
Recital 1
(1) The protection of natural persons in relation to the processing of personal data is fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the Treaty of the Functioning of the European Union lay down that everyone has the right to the protection of personal data concerning him or her. Article 8(2) of the Charter of Fundamental Rights of the European Union lays down that such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law and that everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
Amendment 173 #
Proposal for a directive
Recital 4
Recital 4
(4) TWherever necessary and proportionate this requires facilitating the free flow of data between competent authorities within the Union and the transfer to third countries and international organisations, while ensuring a high level of protection of personal data. These developments require building a strong and more coherent data protection framework in the Union, backed by strong enforcement.
Amendment 176 #
Proposal for a directive
Recital 7
Recital 7
(7) Ensuring a consistent and high level of protection of the personal data of individuals and thus facilitating the exchange of personal data between competent authorities of Members States is crucial in order to ensure effective judicial co- operation in criminal matters and police cooperation. To that aim, the level of protection of the rights and freedoms of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties must be equivalent in all Member States. Consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data should be ensured throughout the Union. Effective protection of personal data throughout the Union requires strengthening the rights of data subjects and the obligations of those who process personal data, but also equivalent powers for monitoring and ensuring compliance with the rules for the protection of personal data in the Member States.
Amendment 272 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 365 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall provide that measures which produce an adverse legal effect for the data subject or significrelevantly affect them and which are based soleprimarily on automated processing of personal data intended to evaluate certain personal aspects relating to the data subject shall be prohibited unless authorised by a law which also lays down measures to safeguard the data subject's legitimate interests.
Amendment 382 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Member States shall provide that the information and any action taken by the controller following a request referred to in paragraphs 3 and 4 are free of charge. Where requests are vexatious, in particular because of their repetitive character, or the size or volume of the request, the controller may charge a fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the vexatious character of the request.
Amendment 404 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the purposes of the processing as well as the legal grounds for processing;
Amendment 568 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall provide that the controller or the processor designates at least one data protection officer.