9 Amendments of Gabriele PREUSS related to 2017/0128(COD)
Amendment 54 #
Proposal for a directive
Recital 17
Recital 17
(17) The introduction of electronic toll systems will entail the processing of personal data. Such processing, on the basis of which movements can be comprehensively profiled. To safeguard privacy, Member States should accordingly allow for anonymous and encrypted advance- payment options for EETS. Processing of personal data 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) 2016/680 of the European Parliament and of the Council20 and Directive 2002/58/EC 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 Union. _________________ 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 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). 21 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).Directive (EU) 2016/680 of the Directive 2002/58/EC of the European
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) parking or other traffic fees.
Amendment 141 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Amendment 146 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take all necessary measures to ensure that the exchange of information is carried out by interoperable electronic means without exchange of data involving other databases which are not used for the purposes of this Directive. Member States shall ensure that such exchange of information is conducted in a cost-efficient and secure manner and that authorities not empowered under this Directive are not given access to data. Member States shall ensure the security and protection of the data transmitted, as far as possible using existing software applications such as the one referred to in Article 15 of Decision 2008/616/JHA and amended versions of those software applications, in compliance with Annex II to this Directive and with points 2 and 3 of Chapter 3 of the Annex to Decision 2008/616/JHA. The amended versions of the software applications shall provide for both online real-time exchange mode and batch exchange mode, the latter allowing for the exchange of multiple requests or responses within one message.
Amendment 147 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Under no circumstances shall Member States’ contact points allow private firms or individuals access to the data referred to in paragraph 1 of this Article.
Amendment 150 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. When sending the information letter to the owner, the holder of the vehicle or to the otherwise identified person suspected of failing to pay the road fee, the Member State in whose territory there was a failure to pay a road fee shall, in accordance with its law, include any relevant information, notably the nature of the failure to pay the road fee, the place, date and time of the failure to pay the road fee, the title of the texts of the national law infringed, the right to object and be given information, and the sanction and, where appropriate, data concerning the device used for detecting the offence. For that purpose, the Member State in whose territory there was a failure to pay a road fee mayshall use the template set out in Annex III.
Amendment 154 #
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, and that a time limit for theas quickly as possible, rectified if inaccurate, or automatically erased, and that a maximum storage of dataperiod is established in accordance with Regulation (EU) 2016/679 and the national laws, regulations or administrative provisions transposing Directive (EU) 2016/680. Data shall be regularly erased immediately after fees have been billed. Under no circumstances shall the storage period exceed 30 days; it may be extended only if storage is necessary for the purpose of investigations under Article 5. In that instance, data shall be immediately erased at the latest upon completion of the procedure concerned.
Amendment 155 #
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 blocking, compensation and judicial redress as provided for in Regulation (EU) 2016/679 and the national laws, regulations or administrative provisions transposing Directive (EU) 2016/680. They shall also ensure that authorities not empowered under this Directive are not given access to data collected.
Amendment 156 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any person concerned shall have the right to obtain information, at no cost, on which personal data recorded in the Member State of registration were transmitted to the Member State in which there was a failure to pay a road fee, including the date of the request and the competent authority of the Member State in whose territory there was a failure to pay a road fee.