Activities of Angelika MLINAR related to 2017/0002(COD)
Plenary speeches (1)
Protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and free movement of such data (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC PDF (1 MB) DOC (184 KB)
Amendments (17)
Amendment 74 #
Proposal for a regulation
Recital 16
Recital 16
(16) In accordance with the principle of accountability, where Union institutions and bodies transmit personal data within or to other Union institutions or bodies, they should verify whether such personal data is required for the legitimate performance of tasks covered by the competence of the recipient where the recipient is not part of the controller. In particular, following a recipient’s request for transmission of personal data, the controller should verify the existence of a relevant EU legal ground ofor its lawful processing of personal data, the competence of the recipient and should make a provisional evaluation of the necessity for the transmission of the data. If doubts arise as to this necessity, the controller should seek further information from the recipient. The recipient should ensure that the necessity for the transmission of the data can be subsequently verified.
Amendment 77 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Union law including the internal rules referred to in this Regulation should be clear and precise and its application should be foreseeable to persons subject to it, in accordance with the case-law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 87 #
Proposal for a regulation
Recital 37 – paragraph 1
Recital 37 – paragraph 1
Legal acts adopted on the basis of the Treaties or internal rules of Union institutions and bodies may impose ad hoc restrictions concerning specific principles and the rights of information, access to and rectification or erasure of personal data, the right to data portability, confidentiality of electronic communications as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers, as far as limited in time, necessary and proportionate in a democratic society to safeguard public security, the prevention, investigation and prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, including the protection of human life especially in response to natural or manmade disasters, internal security of Union institutions and bodies, other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others, including social protection, public health and humanitarian purposes.
Amendment 99 #
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, agencies and bodies insofar as such processing is carried out in the exercise of activities which fall, wholly or partially within the scope of Union law.
Amendment 119 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Article 8 a new Transfer of personal data within or between Community institutions or bodies Without prejudice to Articles 4, 5, 6 and 10: 1. Personal data shall only be transferred within or to other Community institutions or bodies if the data are necessary for the legitimate performance of tasks covered by the competence of the recipient. 2. Where the data are transferred following a request from the recipient, both the controller and the recipient shall bear the responsibility for the legitimacy of this transfer. The controller shall be required to verify the competence of the recipient and to make a provisional evaluation of the necessity for the transfer of the data. If doubts arise as to this necessity, the controller shall seek further information from the recipient. The recipient shall ensure that the necessity for the transfer of the data can be subsequently verified. 3. The recipient shall process the personal data only for the purposes for which they were transmitted.
Amendment 129 #
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) may be carried out only if authorised by Union law, which may include internal rules, providing the appropriate specific safeguards for the rights and freedoms of data subjects.
Amendment 137 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Legal acts adopted on the basis of the Treaties or, in matters relating to the operation of the Union institutions and bodies, internal rules laid down by the latter may restrict the application of Articles 14 to 22, 34 and 38, as well as Article 4 in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:
Amendment 145 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where a restriction is not provided for by a legal act adopted on the basis of the Treaties or by an internal rule in accordance with paragraph 1, the Union institutions and bodies may restrict the application of Articles 14 to 22, 34 and 38, as well as Article 4 in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22, if such a restriction respects the essence of the fundamental rights and freedoms, in relation to a specific processing operation, and is a necessary and proportionate measure in a democratic society to safeguard one or more of the objectives referred to in paragraph 1. The restriction shall be notified to the competent data protection officer.
Amendment 151 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
Amendment 156 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Union institutions and bodies mayshall decide to keep their records of processing activities in a central register. In this case, they mayshall also decide to make the register publicly accessible.
Amendment 157 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Amendment 159 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Union institutions and bodies shall ensure the confidentiality of electronic communications, in particular by securing their electronic communication networks.
Amendment 161 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
Union institutions and bodies shall protect the information related to end–users’ terminal equipment accessing their publicly available websites and mobile applications in accordance with Regulation (EU) XX/XXXX [new ePrivacy Regulation], in particular Article 8 thereof.
Amendment 170 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Following the adoption of proposals for aIn the course of the legislative actprocess and of recommendations or proposals to the Council pursuant to Article 218 TFEU and when preparing delegated acts or implementing acts, which have an impact on relating to the protection of individuals’natural persons' rights and freedoms with regard to the processing of personal data, the Commission shall consult the European Data Protection Supervisor.
Amendment 171 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Where an act referred to in paragraph 1 is of particular importance for the protection of individuals’ rights and freedoms with regard to the processing of personal data, the Commission mayshall also consult the European Data Protection Board. In such cases the European Data Protection Supervisor and the European Data Protection Board shall coordinate their work with a view to issue a joint opinion.
Amendment 175 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. The data protection officer may be a staff member of the Union institution or body, or fulfil the tasks on the basis of a service contract.
Amendment 181 #
Proposal for a regulation
Article 46 – paragraph 1 – point g a (new)
Article 46 – paragraph 1 – point g a (new)
(ga) Ensure that the rights and freedoms of the data subjects are unlikely to be adversely affected by the processing operations.