26 Amendments of Michał BONI related to 2017/0002(COD)
Amendment 64 #
Proposal for a regulation
Recital 8
Recital 8
(8) In Declaration No 21 on the protection of personal data in the fields of judicial cooperation in criminal matters and police cooperation, annexed to the final act of the intergovernmental conference which adopted the Treaty of Lisbon, the conference acknowledged that specific rules on the protection of personal data and the free movement of personal data in the fields of judicial cooperation in criminal matters and police cooperation based on Article 16 TFEU could prove necessary because of the specific nature of those fields. This Regulation should therefore not apply to Union agencies carrying out activities in the fields of judicial cooperation in criminal matters and police cooperation only to the extent that Union law applicable to such agencies does not contain specific rules on the processing of personal datathe processing of operational personal data, such as personal data processed for criminal investigation purposes by Union bodies, offices or agencies carrying out activities which fall within the scope of Chapters 4 and 5 of Title V of Part Three of the TFEU where the acts establishing these bodies, offices or agencies provide for comprehensive data protection rules applicable to the processing of such data, such as the acts establishing Eurojust, Europol and the European Public Prosecutor's Office. Processing of administrative personal data by those bodies, offices or agencies, such as staff data, should be covered by this Regulation.
Amendment 66 #
Proposal for a regulation
Recital 9
Recital 9
(9) Directive (EU) 2016/680 provides harmonised rules for the protection and the free movement of personal data processed for the purposes of the prevention, investigation, detection or prosecution of criminal offences or execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. In order to foster the same level of protection for natural persons through legally enforceable rights throughout the Union and to prevent divergences hampering the exchange of personal data between Union bodies, offices and agencies carrying out activities in the fields of judicial cooperation in criminal matwhich fall within the scope of Chapters 4 and police cooperation5 of Title V of Part Three of the TFEU and competent authorities in Member States, the rules for the protection and the free movement of operational personal data processed by such Union agencies should draw on the principlbodies, offices uanderpinning this Regulation an agencies should be consistent with Directive (EU) 2016/680.
Amendment 68 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 71 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) This Regulation should apply to the processing of personal data by Union institutions, bodies, offices or agencies carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU. This Regulation does not apply to the processing of personal data by missions referred to in Articles 42(1), and 43 and 44 of the TEU, which implement the common security and defence policy. Where appropriate, relevant proposals could be put forward to further regulate the processing of personal data in the field of the common security and defence policy.
Amendment 83 #
Proposal for a regulation
Recital 24
Recital 24
(24) The processing of special categories of personal data may be necessary for reasons of public interest in the areas of public health without consent of the data subject. Such processing should be subject to suitable and specific measures so as to protect the rights and freedoms of natural persons. In that context, ‘public health’ should be interpreted as defined in Regulation (EC) No 1338/2008 of the European Parliament and of the Council15 , namely 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 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 or insurances and banking companies. _________________ 15 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 (OJ L 354, 31.12.2008, p. 70).
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the processing of personal data by all Union institutions and bodies insofar as such processing is carried out in the exercise of activities which fall, wholly or partially within the scope of, except Eurojust, Europol and the European Public Prosecutor's Office. Specific data protection rules apply to these Union lawbodies.
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Eurojust, Europol and the European Public Prosecutor's Office shall only be covered by this Regulation for the processing of administrative personal data. Separate provisions apply to the processing of operational personal data by Eurojust, EPPO and the European Public Prosecutor's Office. The before mentioned Union bodies are not subject to this Regulation for the processing of operational personal data.
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the definitions in Regulation (EU) 2016/679, with the exception of the definition of ‘'controller’' in point (7), , 'main establishment' in point (16), 'enterprise' in point (18), 'group of undertaking' in point (19) and 'binding cooperate rules' in point (5) of Article 4 of that Regulation;
Amendment 109 #
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) 'operational personal data' means all personal data processed by the Union bodies, offices or agencies carrying out activities which fall within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU to meet the objectives laid down in the acts establishing these bodies, offices or agencies;
Amendment 110 #
Proposal for a regulation
Article 3 – paragraph 2 – point a b (new)
Article 3 – paragraph 2 – point a b (new)
(ab) 'administrative personal data' means all personal data processed by the Union bodies, offices or agencies which fall in the scope of this Regulation;
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) processing is necessary for the performance of a task carried out in the public interest on the basis or in the exercise of official authority vested in the Union institution or bodythe data subject has given consent to the processing of his or her personal data for one or more specific purposes;
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) processing is necessary for compliance with a legal obligation to which the controller is subjethe performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
Amendment 114 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contracompliance with a legal obligation to which the controller is subject;
Amendment 115 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the data subject has given consent to the processing of his or her personal data for one or more specific purposesprocessing is necessary in order to protect the vital interests of the data subject or of another natural person;
Amendment 116 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) processing is necessary in order to protect the vitalfor the performance of a task carried out in the public interests ofn the data subjectbasis or in the exercise orf of another natural personficial authority vested in the Union institution or body.
Amendment 123 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) that it is strictly necessary to have the data transmitted, it is proportionate to the purposes of the transmission having regard to the recipient's objectives, and ifthat there is not any reason to assume that the data subject's rights and freedoms and legitimate interests might be prejudiced by the requested data transfer or the reasonably to be expected further use of that personal data by the recipient.
Amendment 125 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject, or
Amendment 127 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Processing of personal data relating to criminal convictions and offences or related security measures pursuant to Article 5(1) mayshall be carried out only ifwhen authorised by Union law, which may include internal rules, providing the appropriate specific safeguards for the rights and freedoms of data subjects.
Amendment 133 #
Proposal for a regulation
Article 16 – paragraph 5 – point b
Article 16 – paragraph 5 – point b
(b) the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interest, including making the information publicly available;
Amendment 140 #
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
(d) the internal security of Union institutions and bodies, including of their servers, IT and electronic communication networks;
Amendment 141 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
Amendment 143 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 173 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Union institutions and bodies may designate a single data protection officer for several of them, taking into account their organisational structure and size of the Union institutions and bodies.
Amendment 207 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The list drawn up by the Commission from which the European Data Protection Supervisor shall be chosen shall be made up of persons whose independence is beyond doubt and who are acknowledged as having the experience and skills required to perform the duties of European Data Protection Supervisor, for example because they belong or have belonged to the supervisory authorities established under Article 41 of Regulation (EU) 2016/679.
Amendment 208 #
Proposal for a regulation
Article 58 – paragraph 1 – point a
Article 58 – paragraph 1 – point a
(a) monitor and enforcsure the application of this Regulation and other Union acts relating to the protection of natural persons with regard to the processing of personal data by a Union institution or body, withby a Union institution or body, with the exception of the processing of personal data by the Court of Justice of the European Union acting in its judicial capacity and the exception of the processing of operational personal data by the Court of Justice of the European Union acting in its judicial capacityEuropol, Eurojust and the European Public Prosecutor's Office;
Amendment 229 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Where a Union act refers to this Article, the European Data Protection Supervisor shall cooperate actively with the national supervisory authorities, in order to ensure effective supervision of large IT systems or Union bodies and agencies.