19 Amendments of Françoise CASTEX related to 2012/0010(COD)
Amendment 133 #
Proposal for a directive
Article 3 – point 1
Article 3 – point 1
(1) ‘'data subject’' means an identified natural person or a natural person who can be identified or singled out, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number or other unique identifier, location data, online identifiers or to one or more factors specific to the gender, physical, physiological, genetic, mental, economic, cultural or social identity or sexual orientation of that person;
Amendment 137 #
Proposal for a directive
Article 4 – point a
Article 4 – point a
(a) processed fairly and lawfully and in a transparent manner in relation to the data subject;
Amendment 141 #
Proposal for a directive
Article 4 – point c
Article 4 – point c
(c) adequate, relevant, and not exlimited to the minimum necessiveary in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;
Amendment 143 #
Proposal for a directive
Article 4 – point d
Article 4 – point d
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 151 #
Proposal for a directive
Article 7
Article 7
Member States shall provide that the processing of personal data is lawful only if and to the extent that processing is necessary: (a) for the performance of a task carried out by a competent authority, based on law for the purposes set out in Article 1(1); or (b) for compliance with a legal obligation to which the controller is subject; or (c) in order to protect the vital interests of the data subject or of another person; or (d) for the prevention of an immediate and serious threat to public security and not further processed in a way that is incompatible with these purposes.
Amendment 153 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 155 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Automated processing of personal data intended to evaluate certain personal aspects relating to the data subject shall not be based solely oninclude or generate special categories of personal data referred to in Article 8.
Amendment 157 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Profiling that (whether intentionally or otherwise) has the effect of discriminating against individuals on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation, or that (whether intentionally or otherwise) result in measures which have such effect, shall be prohibited in all cases.
Amendment 159 #
Proposal for a directive
Article 11 – paragraph 1 – point f a (new)
Article 11 – paragraph 1 – point f a (new)
Amendment 160 #
Proposal for a directive
Article 11 – paragraph 1 – point f b (new)
Article 11 – paragraph 1 – point f b (new)
(fb) information regarding specific security measures taken to protect personal data;
Amendment 163 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. 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 data originate.
Amendment 165 #
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. Member States may adopt legislative measures delaying, or restricting or omitting the provision of the information to the data subject to the extent that, and as long as, such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned, based on a concrete and individual examination of each specific case:
Amendment 170 #
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States may adopt legislative measures restricting, wholly or partly, the data subject's right of access to the extent and for the period that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned, based on a concrete and individual examination of each specific case:
Amendment 172 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The legislative measures referred to in paragraph 1 must be in compliance with the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms, and in line with the case law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 176 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Personal data referred to in paragraph 3 may, with the exception of storage, only be processed when necessary for purposes of proof, or the protection of vital interests of the data subject or another person.
Amendment 180 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall provide thatWhere processing of personal data is restricted pursuant to paragraph 3, the controller shall informs the data subject in writing of any refusal of erasure or marking of the processbefore lifting, the reasons for the refusal and the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedystriction.
Amendment 181 #
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. Member States shall provide that the controller informs the data subject in writing of any refusal of erasure or restriction of the processing, the reasons for the refusal and the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy.
Amendment 182 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data which are necessary for the purposes of the processing are processed 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. This shall be ensured using technical and/or organisational measures, as appropriate. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
Amendment 192 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Where the Commission has taken no decision pursuant to Article 34, Member States shall provide that a transfer of personal data to a recipientcompetent public authority in a third country or an international organisation may take place where: (a) appropriate safeguards with respect to the protection of personal data have been adduced in a legally binding instrument; or (b) the controller or processor has assessed all the circumstances surrounding the transfer of personal data and concludes that appropriate safeguards exist with respect to the protection of personal data.