11 Amendments of Angelika MLINAR related to 2016/2225(INI)
Amendment 12 #
Motion for a resolution
Recital B
Recital B
B. whereas the progress of communication technologies and the ubiquitous use of electronic devices, monitoring gadgets, social media, web interactions and networks, including devices which communicate information without human interference, have led to the development of massive, ever-growing data sets which, through advanced processing techniques and analytics, provide unprecedented insight into human behaviour and our societies; whereas third countries and Member States' intelligence services have been increasingly relying on the processing and analytics of such datasets, outside of any legal framework, or most recently through the adoption of legislations for which compatibility with EU primary and secondary law raises concerns and remains to be ascertained;
Amendment 26 #
Motion for a resolution
Recital D
Recital D
D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter and Union law; whereas the interest of the individual as well as the protection of fundamental rights ought to be further scrutinized in the context of big data mergers;
Amendment 118 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the fundamental role that the Commission, the European Data Protection Board and other independent supervisory authorities should play in the coming years and decades to promote transparency, due process and legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics;
Amendment 140 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Invites the European Commission to consider taking into account data protection and consumer protection standards in the context of relevant merger control cases and cases of exploitative abuse as understood by competition law under Article 102 TFEU; believes that the Merger Regulation should be further interpreted to protect the rights under the EU Charter to privacy, data protection and freedom of expression online;
Amendment 149 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities; takes the view that the use of end-to-end encryption should also be encouraged and when necessary, mandated, in accordance with the principle of data protection by design; recommends in this regard that any future legislative framework specifically prohibit encryption providers, communications service providers and all other organisations (at all levels of the supply chain) from allowing or facilitating 'back-doors';
Amendment 156 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Reminds that in accordance with Article 15 of Directive 2001/31/EC, Member States shall not impose a general obligation on providers of transmission, storage and hosting services to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity; reiterates in particular that the Court of Justice of the European Union, in its Judgments C-360/10 and C- 70/10, rejected measures for the 'active monitoring' of almost all users of the services concerned (internet access providers in one case, a social network in the other) and specified that any injunction requiring a hosting services provider to undertake general monitoring shall be precluded;
Amendment 160 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Highlights that the increase of data generation and data flows due to technological development, and in particular the Internet of Things, also implies further vulnerabilities and new cyber security challenges; recommends in this regard to adapt and further develop minimum security standards to ensure big data development does not increase exposure to cyber security risks;
Amendment 170 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Union and the Member States to identify and minimise algorithmic discrimination and bias and to develop a strong and common ethics framework for thea transparent processing of personal data and automated decision-making;
Amendment 174 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Open government data Emphasises the need to ensure that big data developments effectively contribute to a greater access to data produced or commissioned by government or government controlled entities which can be freely used, reused and redistributed by anyone, thus strengthening the principle of open government data, and enhancing transparency, e-governance as well as social and commercial value;
Amendment 194 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Reminds that legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life, as guaranteed by Article 7 of the Charter;
Amendment 197 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities; insists in the regard on the need to guarantee adequate security for personal data, in accordance with Regulation(EU) 2016/679 and Directive (EU) 2016/680, as well as to minimize vulnerabilities through secured and decentralized database architectures;