BETA

Activities of Francesca DONATO related to 2022/0047(COD)

Plenary speeches (1)

2023/03/14
Dossiers: 2022/0047(COD)

Amendments (24)

Francesca DONATO

Proposal for a regulation
Recital 57

(57) In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined according to the respective procedures in the Member States or of relevant international organisations.deleted

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Recital 58

(58) An exceptional need may also arise when a public sector body can demonstrate that the data are necessary either to prevent a public emergency, or to assist recovery from a public emergency, in circumstances that are reasonably proximate to the public emergency in question. Where the exceptional need is not justified by the need to respond to, prevent or assist recovery from a public emergency, the public sector body or the Union institution, agency or body should demonstrate that the lack of timely access to and the use of the data requested prevents it from effectively fulfilling a specific task in the public interest that has been explicitly provided in law. Such exceptional need may also occur in other situations, for example in relation to the timely compilation of official statistics when data is not otherwise available or when the burden on statistical respondents will be considerably reduced. At the same time, the public sector body or the Union institution, agency or body should, outside the case of responding to, preventing or assisting recovery from a public emergency, demonstrate that no alternative means for obtaining the data requested exists and that the data cannot be obtained in a timely manner through the laying down of the necessary data provision obligations in new legislation.deleted

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Recital 60

(60) For the exercise of their tasks in the areas of prevention, investigation, detection or prosecution of criminal and administrative offences, the execution of criminal and administrative penalties, as well as the collection of data for taxation or customs purposes, public sector bodies and Union institutions, agencies and bodies should rely on their powers under sectoral legislation. This Regulation accordingly does not affect instruments for the sharing, access and use of data in those areas.deleted

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 1 – paragraph 2 – point a

(a) manufacturers of products and suppliers of related services placed on the market in the Union, irrespective of their place of establishment, and the users of such products or services;

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 1 – paragraph 2 – point b

(b) data holders, irrespective of their place of establishment, that make data available to data recipients in the Union;

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 1 – paragraph 2 – point e

(e) providers of data processing services, irrespective of their place of establishment, offering such services to customers in the Union.

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) whether the manufacturer supplying the product or the service provider providing the related service ~~intends to~~can use the data itself or allow a third party to use the data and, if so, the purposes for which those data will be used;

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 4 – paragraph 6

6. The data holder shall only use any non-personal data generated by the use of a product or related service on the basis of a contractual agreement with the user. The data holder shall not use such data generated by the use of the product or related service to derive insights about the economic situation, assets and production methods of or the use by the user that could undermine the commercial position of the user in the markets in which the user is active. Similarly, the data holder shall not use such data to obtain information on the user's health.

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) make the data available it receives to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user, and in any case upon explicit consent;

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 14

Obligation to make data available based 1. Upon request, a data holder shall make data available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need to use the data requested. 2. This Chapter shall not apply to small and micro enterprises as defined in Article 2 of the Annex to Recommendation 2003/361/EC.Article 14 deleted on exceptional need

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 15

Exceptional need to use data An exceptional need to use data within the meaning of this Chapter shall be deemed to exist in any of the following circumstances: (a) where the data requested is necessary to respond to a public emergency; (b) where the data request is limited in time and scope and necessary to prevent a public emergency or to assist the recovery from a public emergency; (c) where the lack of available data prevents the public sector body or Union institution, agency or body from fulfilling a specific task in the public interest that has been explicitly provided by law; and (1) the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market rates or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or (2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.Article 15 deleted

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 16

Relationship with other obligations to make data available to public sector bodies and Union institutions, agencies 1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations. 2. The rights from this Chapter shall not be exercised by public sector bodies and Union institutions, agencies and bodies in order to carry out activities for the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or for customs or taxation administration. This Chapter does not affect the applicable Union and national law on the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, or for customs or taxation administration.Article 16 deleted and bodies

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 17

Requests for data to be made available 1. Where requesting data pursuant to Article 14(1), a public sector body or a Union institution, agency or body shall: (a) specify what data are required; (b) demonstrate the exceptional need for which the data are requested; (c) explain the purpose of the request, the intended use of the data requested, and the duration of that use; (d) state the legal basis for requesting the data; (e) specify the deadline by which the data are to be made available or within which the data holder may request the public sector body, Union institution, agency or body to modify or withdraw the request. 2. A request for data made pursuant to paragraph 1 of this Article shall: (a) be expressed in clear, concise and plain language understandable to the data holder; (b) be proportionate to the exceptional need, in terms of the granularity and volume of the data requested and frequency of access of the data requested; (c) respect the legitimate aims of the data holder, taking into account the protection of trade secrets and the cost and effort required to make the data available; (d) concern, insofar as possible, non- personal data; (e) inform the data holder of the penalties that shall be imposed pursuant to Article 33 by a competent authority referred to in Article 31 in the event of non-compliance with the request; (f) be made publicly available online without undue delay. 3. A public sector body or a Union institution, agency or body shall not make data obtained pursuant to this Chapter available for reuse within the meaning of Directive (EU) 2019/1024. Directive (EU) 2019/1024 shall not apply to the data held by public sector bodies obtained pursuant to this Chapter. 4. Paragraph 3 does not preclude a public sector body or a Union institution, agency or body to exchange data obtained pursuant to this Chapter with another public sector body, Union institution, agency or body, in view of completing the tasks in Article 15 or to make the data available to a third party in cases where it has outsourced, by means of a publicly available agreement, technical inspections or other functions to this third party. The obligations on public sector bodies, Union institutions, agencies or bodies pursuant to Article 19 apply. Where a public sector body or a Union institution, agency or body transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received.Article 17 deleted

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 18

Compliance with requests for data 1. A data holder receiving a request for access to data under this Chapter shall make the data available to the requesting public sector body or a Union institution, agency or body without undue delay. 2. Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 5 working days following the receipt of a request for the data necessary to respond to a public emergency and within 15 working days in other cases of exceptional need, on either of the following grounds: (a) the data is unavailable; (b) the request does not meet the conditions laid down in Article 17(1) and (2). 3. In case of a request for data necessary to respond to a public emergency, the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or Union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1), point (c). 4. If the data holder decides to decline the request or to seek its modification in accordance with paragraph 3, it shall indicate the identity of the public sector body or Union institution agency or body that previously submitted a request for the same purpose. 5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data. 6. Where the public sector body or the Union institution, agency or body wishes to challenge a data holder’s refusal to provide the data requested, or to seek modification of the request, or where the data holder wishes to challenge the request, the matter shall be brought to the competent authority referred to in Article 31.Article 18 deleted

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 19

Obligations of public sector bodies and Union institutions, agencies and bodies 1. A public sector body or a Union institution, agency or body having received data pursuant to a request made under Article 14 shall: (a) not use the data in a manner incompatible with the purpose for which they were requested; (b) implement, insofar as the processing of personal data is necessary, technical and organisational measures that safeguard the rights and freedoms of data subjects; (c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. 2. Disclosure of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, the public sector body or the Union institution, agency or body shall take appropriate measures to preserve the confidentiality of those trade secrets.Article 19 deleted

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 20

Compensation in cases of exceptional 1. Data made available to respond to a public emergency pursuant to Article 15, point (a), shall be provided free of charge. 2. Where the data holder claims compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), such compensation shall not exceed the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.Article 20 deleted need

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 21 – paragraph 1

1. A public sector body or a Union institution, agency or body shall be entitled to share ~~data received under this Chapter~~anonymized, pseudonymized or aggregated data received with individuals or organisations in view of carrying out scientific research or analytics compatible with the purpose for which the data was requested, or to national statistical institutes and Eurostat for the compilation of official statistics.

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 21 – paragraph 3

~~3. Individuals or organisations receiving the data pursuant to paragraph 1 shall comply with the provisions of Article 17(3) and Article 19.~~deleted

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 22

Mutual assistance and cross-border 1. Public sector bodies and Union institutions, agencies and bodies shall cooperate and assist one another, to implement this Chapter in a consistent manner. 2. Any data exchanged in the context of assistance requested and provided pursuant to paragraph 1 shall not be used in a manner incompatible with the purpose for which they were requested. 3. Where a public sector body intends to request data from a data holder established in another Member State, it shall first notify the competent authority of that Member State as referred to in Article 31, of that intention. This requirement shall also apply to requests by Union institutions, agencies and bodies. 4. After having been notified in accordance with paragraph 3, the relevant competent authority shall advise the requesting public sector body of the need, if any, to cooperate with public sector bodies of the Member State in which the data holder is established, with the aim of reducing the administrative burden on the data holder in complying with the request. The requesting public sector body shall take the advice of the relevant competent authority into account.Article 22 deleted cooperation

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 25 – paragraph 2

2. From [date X, the date of entry into force of the Data Act] until [date X+31yrs], providers of data processing services may impose reduced charges on the customer for the switching process.

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 31 – paragraph 3 – point b

(b) handling complaints arising from alleged violations of this Regulation, and investigating, to the extent appropriate, the subject matter of the complaint and informing the complainant of the progress and the outcome of the investigation within ~~a reasonable period~~six months, in particular if further investigation or coordination with another competent authority is necessary;

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 31 – paragraph 3 – point d

(d) imposing, through administrative procedures, ~~dissuasive financial penalties which may include periodic penalties and penalties with retroactive effect, or initiating legal proceedings for the imposition of fines~~fines which cannot be retroactive;

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 33 – title

~~Penalti~~Fines

2022/11/14
Committee: ITRE

Francesca DONATO

Proposal for a regulation
Article 33 – paragraph 1

1. Member States shall lay down the rules on ~~penalti~~fines applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The ~~penalti~~fines provided for shall be effective, proportionate and dissuasive.

2022/11/14
Committee: ITRE