Activities of Emmanuel MAUREL related to 2020/0340(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council European data governance (Data Governance Act)
Amendments (9)
Amendment 51 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Both Article 6(2) of the Treaty on European Union and Article 51 of the Charter of fundamental rights require the Union to respect fundamental rights, observe the principles and promote the application thereof;
Amendment 73 #
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be lawful, transparent, non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Similarly, depending on the case, the public sector bodies should take adequate measures that aim at protecting content protected by intellectual property rights. Where provision of anonymised or modified data would not respond to the needs of the re- user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re- user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re- users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact or any sufficient information should be given that allows re-users to trace back, de-anonymise and contact data subjects or companies directly.
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘'data shariexchange’ means the provision by a data holder or data intermediary of data to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary, under open data or commercial licences, for free or against remuneration; Insofar as personal data is concerned, their processing must always be based on an adequate legal basis under Article 6 of the GDPR;
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Conditions for re-use shall be lawful, transparent, non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be used to restrict competition.
Amendment 143 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Public sector bodies mayshall impose an obligation to re-use only pre-processed non-personal data where such pre- processing aims tof anonymizeing or pseudonymiseing personal data or deleteto protect commercially confidential information, including trade secrets, as well as content protected by intellectual property rights.
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. To this end, the public sector bodies shall be equipped with the necessary human and financial resources for monitoring and law enforcement.
Amendment 169 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes in the public interest, scientific or historical research and by small and medium-sized enterprises and microenterprises in line with State aid rules. In such cases, the re-use should be allowed for free or at a lower cost.
Amendment 231 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
(2) The entity shall also ensure that the data is not be used for any other purposes than those of general interest for which it permits the processing. To that extent, the entity shall put in place measures to monitor the processing of data carried out by the data user. The entity shall put in place measures in order to prevent fraudulent or abusive practices in relation to access to data from parties seeking access through their services; Safeguards shall be provided to ensure that misleading marketing practices are not used to solicit donations of data; The entity shall take measures to ensure a high level of security for the storage and processing of non-personal data; The entity shall ensure that consent from data subjects or permissions to process data made available by legal persons can be easily withdrawn; The entity shall also guarantee that data holders reserve the right to obtain access to and to retrieve their data should they decide to withdraw their permission to the processing of their data for data altruism purposes; Possibilities for sanctions shall be provided for when acting against public interests, according to national laws;
Amendment 249 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
(1) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing providerintermediary or the entity entered in the register of recognised data altruism organisations, as the case may be, shall take all reasonable technical, legal and organisational measures in order to preventforbid transfer or access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the law of the relevant Member State, unless the transfer or access are in line withwithout prejudice to paragraph 2 or 3.