18 Amendments of Bernd LANGE related to 2012/0011(COD)
Amendment 316 #
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) in the course of an activity which can be attributed to the professional or a commercial activity of a data subject.
Amendment 342 #
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
(9) ‘personal data breach’ means a breach of securityn unlawful processing of personal data leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
Amendment 368 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or in the public interest,
Amendment 373 #
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) The processing of the name, address, occupation, branch, contact details including the telephone number and the address of electronic mail shall always be lawful. This shall not apply, however, if such data is purposefully collected, stored and - if applicable together with other data - evaluated and such data then can provide a comprehensive personality and movement profile of the data subject, or if such data describes or portrays the data subject in a defamatory manor.
Amendment 393 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The controller shall bear the burden of proof for the data subject's consent to the processing of their personal data for the specified purposes within the meaning of point (a) of Article 1(1). The declaration of consent does not require a special form.
Amendment 400 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent of an employee shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller of data by the employer. The lawfulness of the processing shall be assessed in accordance with points (a) through (f) of Article 6(1) and paragraphs 2 through 5. The individual consent according to point (a) of Article 6(1) can be replaced by collective agreements as legal basis, in particular by collective bargaining agreements or works council agreements.
Amendment 434 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The controller shall have transparent and easily accessible policies with regard to the processing of personal data and for the exercise of data subjects’ rights and on request for this purpose shall provide to everybody the information set out in points (a) through (g) of Article 28(2) in an appropriate manner.
Amendment 435 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child, which according to this Regulation he is obliged to provide access to, to the data subject in an intelligible form, which can be understood by an average informed, attentive and understanding average consumer.
Amendment 460 #
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 as far as possible, in addition to the information referred to in paragraph 1, from which source the personal data originate.
Amendment 492 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the controller referred to in paragraph 1 has made the personal data public, it shall take all reasonable steps, including technical measures as far as economically and technically possible, in relation to data for the publication of which the controller is responsible, to inform third parties which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller has authorised a third party publication of personal data, the controller shall be considered responsible for that publication.
Amendment 600 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals. The provisions in sentence 1 and 2 shall not apply with regard to the processing of data the purpose of which is the fulfilment of statutory obligations and/or which is in the public interest, insofar as such obligation or task is aimed at the best possible completeness of a data base. This in particular applies to telecommunications subscriber directories.
Amendment 689 #
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) in the course of an activity which can be attributed to the professional or a commercial activity of a data subject;
Amendment 857 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74 and 75 on behalf of one or more data subjects. Claims according to Article 77 may not be exercised by bodies, organisations or associations within the meaning of Article 73(2).
Amendment 914 #
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. This Regulation shall not impose additional obligations on natural or legal persons in relation to the processing of personal data in connection with the provision of publicly available electronic communications serapply, insofar as the Directive 2002/58/EC provicdes in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/ECfor data processing.
Amendment 916 #
Proposal for a regulation
Article 89 – paragraph 2
Article 89 – paragraph 2
2. Article 1(2) of Directive 2002/58/EC shall be deleted. The remainder of Directive 2002/58/EC shall remain unaffected.
Amendment 1114 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child, which according to this Regulation he is obliged to provide access to, to the data subject in an intelligible form, which can be understood by an average informed, attentive and understanding average consumer.
Amendment 1728 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals. This sentence 1 shall not apply with regard to the processing of data the purpose of which is the fulfilment of statutory obligations and/or which is in the public interest, insofar as such obligation or task is aimed at the best possible completeness of a data base. This in particular applies to telecommunications subscriber directories.
Amendment 3125 #
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. This Regulation shall not impose additional obligations on natural or legal persons in relation to the processing of personal data in connection with the provision of publicly available electronic communications serapply, insofar as the Directive 2002/58/EC provicdes in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/ECfor data processing.