10 Amendments of Stephen HUGHES related to 2012/2011(COD)
Amendment 27 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. This Regulation applies to the processing of personal data of data subjects not residing in the Union by a controller or processor established in the Union, through their economic activities in a third country(ies).
Amendment 30 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. The data shall not be used against the data subject in a disciplinary hearing, or to blacklist, vet or bar them from future employment.
Amendment 39 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membership and activities, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited. In particular, this would include safeguards to prohibit the blacklisting of workers, for example in relation to their trade union activities or health and safety representative roles.
Amendment 41 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate. This would include data sourced from a third party illegally and passed on to the controller.
Amendment 42 #
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
Amendment 72 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered material or non-material damage as a result of an unlawful processing operation, including blacklisting, or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered and for any injury to feeling.
Amendment 73 #
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2 a. Member States shall lay down rules on penalties that are effective and dissuasive in preventing any abuse of the fundamental right to the protection of personal data as enshrined in the Charter of Fundamental Rights, including legal provisions outlawing as a criminal offence the use of personal data to blacklist workers, vet them or bar them from future employment.
Amendment 74 #
Proposal for a regulation
Article 78 – paragraph 2 b (new)
Article 78 – paragraph 2 b (new)
2 b. Member States shall ensure that persons or companies found to be taking part in blacklisting will be excluded from receiving EU grants and funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level until all legal proceedings are proven to be completed, all compensation has been paid in full to any victims and there is reliable proof that this criminal culture has been removed from the organisation
Amendment 89 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States mayshall adopt by law and practice specific rules regulating the processing of employees‘' personal data in the employment context, in particular forbut not limited to the purposes of the recruitment, or the performance of the contract of employment, including. This will include measures to outlaw the blacklisting of workers, the discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
Amendment 99 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1 a. Notwithstanding the other provisions of this Regulation, the legal provisions of Member States shall include: a) measures to prohibit the covert monitoring and tracking of workplace activities through the use of technologies such as radio frequency identification; b)rules to outlaw as a criminal offence the use of data to blacklist, vet or bar from employment, which is a breach of fundamental rights and has a devastating impact not only on the worker but also on their wider family when they are illegally denied access to employment and therefore financial income; c) measures to ensure that any person or enterprise found to be taking part in blacklisting will face significant penalties. This will include exclusion from receiving EU grants or funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level until all legal proceedings are proven to be completed, all compensation has been paid in full to any victims of blacklisting and there is reliable proof that this criminal culture has been removed from the organisation