11 Amendments of Angelika MLINAR related to 2017/2065(INI)
Amendment 1 #
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
– having regard to 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);
Amendment 2 #
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
– having regard to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, ETS N°108 and its additional Protocol;
Amendment 3 #
Draft opinion
Citation 1 c (new)
Citation 1 c (new)
– having regard to Resolution 2016/2727(RSP) on transatlantic data flows;
Amendment 4 #
Draft opinion
Citation 1 d (new)
Citation 1 d (new)
– having regard to Article 45 of Regulation (EU) 2016/679 which establishes that a third country ensures an adequate level of protection of personal data by reason of its domestic law or the international commitments it has entered into, the rule of law , respect for human rights and the existence and effective functioning of independent supervisory authorities;
Amendment 5 #
Draft opinion
Citation 1 e (new)
Citation 1 e (new)
– having regard to the judgment of the European Court of Justice in Case C- 362/14 (Schrems) which clarified that an adequate level of protection in a third country must be understood to be ‘essentially equivalent’ to that guaranteed within the European Union by virtue of Directive 95/46/EC read in the light of the Charter of Fundamental Rights of the European Union (hereinafter ‘the EU Charter’)
Amendment 6 #
Draft opinion
Citation 1 f (new)
Citation 1 f (new)
– having regard to the Report from the Commission to the European Parliaments, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the Trade Policy Strategy “Trade for all”, Delivering a Progressive Trade Policy to Harness Globalisation;
Amendment 13 #
Draft opinion
Recital C
Recital C
C. whereas the EU data protection framework already allows for the ‘free flow’ of data within the EU and with third countries, provided that its requirements are fulfilled so as to ensure that the level of protection of personal data warranted in the Union should not be undermined as a result of the transfer;
Amendment 17 #
Draft opinion
Recital E
Recital E
E. whereas the protection of personal data is a fundamental right and high standards in this field help to build trust in the digital economy and thus foster the development of digital trade; whereas promoting high data protection standards and facilitating international trade must go hand in hand in the digital era; whereas therefore the General Data Protection Regulation may not be seen as an obstacle to data flows;
Amendment 20 #
Draft opinion
Recital F
Recital F
F. whereas trade agreements can be a lever to improve digital rights; whereas the inclusion of provisions on net neutrality, prohibition of forced data localisation, encryption and intermediary liability in trade agreements can strengthen the protection of freedom of speech in particular;
Amendment 41 #
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to act as the benchmark for setting high data protection standards on data flows at international level and to consult the appropriate EU data protection institutions and bodies before and during the negotiation process of international or trade agreements that may potentially impact data protection.
Amendment 42 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to be cautious in drawing up rules for cross- border data transfers, including through FTAs, as these should be in full compliance with, and without prejudice to, the Charter of Fundamental Rights and the EU’s data protection and privacy rules and might contradict a policy approach that should be based upon fostering adequacy between the EU and its trading partners in the area of data protection; calls on the Commission to seek the formal opinion of the EDPS and the forthcoming European Data Protection Board (EDPB) on any of such rules already in the drafting stage;