8 Amendments of Morten PETERSEN related to 2017/0128(COD)
Amendment 17 #
Proposal for a directive
Recital 16
Recital 16
(16) Member States should be required to provide the Commission information and data necessary to evaluate the effectiveness and efficiency of the system for exchanging information on those who fail to pay a road fee. The Commission should be required to assess the data and information obtained, and to propose, if necessary, amendments to the legislation. No personal data should be transmitted to the Commission.
Amendment 19 #
Proposal for a directive
Recital 17
Recital 17
(17) The introduction of electronic toll systems will entails the processing of personal data. Article 8 of the Charter of Fundamental Rights and Article 16 TEU explicitly recognise the right to the processingtection of personal data. Such processing needs to be carried out in accordance with Union rules, as set out, inter alia, in Regulation (EU) 2016/679 of the European Parliament and of the Council19 , Directive (EU) 2016/6802002/58/EC of the European Parliament and of the Council201 and Directive 2002/58/EC(EU) 2016/680 of the European Parliament and of the Council21 . The right to protection of personal data is explicitly recognised by Article 8 of the Charter of Fundamental Rights of the European Union0 when the failure to pay a road fee is considered a criminal offence in the Member State where the payment is due. _________________ 19 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p.1), 20 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 21Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (OJ L 201, 31.7.2002, p. 37).
Amendment 32 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Member States shall ensure that processing of personal data that are necessary for the operation of the EETS is carried out in accordance with the Union rules protecting the freedoms and fundamental rights of individuals, including their privacy, and that, in particular, the provisions of Regulation (EU) 2016/679, and of Directive (EU) 2016/680 and of Directive 2002/58/EC are complied with2002/58/EC are complied with. Personal data processed under this Directive shall not be further processed for other purposes and shall be deleted as soon as they are no longer necessary for the purpose for which they were processed.
Amendment 35 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) data relating tonecessary to identify a specific vehicles; and
Amendment 36 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) data relatingnecessary to identify and contact to the owners or holders of the vehicle.
Amendment 45 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The provisions of Regulation (EU) 2016/679 and the national laws, regulations or administrativDirective 2002/58/EC shall apply to personal data processed under this Directive. The provisions transposing Directive (EU) 2016/680 shall only apply to personal data processed under this Directive when the failure to pay a road fee is considered a criminal offence in the Member State where the payment is due.
Amendment 51 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Member States shall ensure that personal data processed under this Directive are, within an appropriate time period, rectified if inaccurate, or erased or restricted, andfor the purposes of Article 1(1a) are processed for the sole purpose of facilitating the cross- border exchange of information on failures to pay road fees and shall not be further processed for any other purpose. Only personal data that are necessary to fulfill the purposes referred to in this Directive shall be processed. Member States shall also ensure that a time limit for the storage of data is established in accordance with Regulation (EU) 2016/679 and the national laws, regulations or administrative where applicable, national provisions transposing Directive (EU) 2016/680.
Amendment 55 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Member States shall ensure that all personal data processed under this Directive are only used for the purpose of facilitating the cross-border exchange of information on failures to pay road fees, and that the data subjects have the same rights to information, access, rectification, erasure and blockingthe data subjects have the same rights of information, access, rectification, erasure and restriction of processing, to lodge a complaint with a data protection supervisory authority, compensation, and effective judicial redressmedy as provided for in Regulation (EU) 2016/679 and the national laws, regulations or administrative provision, where applicable, the national laws transposing Directive (EU) 2016/680.