17 Amendments of Sophia IN 'T VELD related to 2020/0340(COD)
Amendment 171 #
Proposal for a regulation
Recital 5
Recital 5
(5) The idea that data that has been generated at the expense of public budgets should benefit society has been part of Union policy for a long time. Directive (EU) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. However, certain categories of data (commercially confidential data, data subject to statistical confidentiality, data protected by intellectual property rights of third parties, including trade secrets and personal data not accessible on the basis of specific national or Union legislation, such as Regulation (EU) 2016/679 and Directive (EU) 2016/680) in public databases is often not made available, not even for research or innovative activitieson beneficial to society. Due to the sensitivity of this data, certain technical and legal procedural requirements must be met before they are made available, in order to ensure the respect of rights others have over such data. Such requirements are usually time- and knowledge-intensive to fulfil. This has led to the underutilisation of such data. While some Member States are setting up structures, processes and sometimes legislate to facilitate this type of re-use, this is not the case across the Union.
Amendment 203 #
Proposal for a regulation
Recital 38
Recital 38
(38) Data Altruism Organisations recognised in the Union should be able to collect relevant data directly from natural and legal persons or to process data collected by others under an appropriate legal basis established under Regulation (EU) 2016/679. Where they are processing personal data or data controllers or processors in the meaning of Regulation (EU) 2016/679, they are bound by the rules of that Regulation. Typically, data altruism would rely on consent of data subjects in the sense of Article 6(1)(a) and 9(2)(a) and in compliance with requirements for lawful consent in accordance with Article 7 of Regulation (EU) 2016/679. In accordance with Regulation (EU) 2016/679, scientific research purposes can be supported by consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research or only to certain areas of research or parts of research projects. Article 5(1)(b) of Regulation (EU) 2016/679 specifies that further processing for scientific or historical research purposes or statistical purposes should, in accordance with Article 89(1) of Regulation (EU) 2016/679, not be considered to be incompatible with the initial purposes.
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2 a) Where personal and non-personal data in a data set are inextricably linked in mixed data-sets, the data set shall be considered personal data.
Amendment 254 #
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
(a) to access and re-use the data, which have been anonymised or pseudonymised, remotely within a secure processing environment provided and controlled by the public sector ;
Amendment 272 #
Proposal for a regulation
Article 5 – paragraph 13
Article 5 – paragraph 13
(13) Where the re-user intends to transfer non-personal data to a third country, the public sector body shall inform the data holder about the transfer of data to that third countryintention to transfer that data to that third country. Where the data can be reasonably assumed to lead to the identification or identifiability of natural persons when combined with other datasets, the data shall be treated as personal data, which can only be transferred to third countries pursuant to Chapter V of Regulation (EU) 2016/679.
Amendment 345 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
(1) Any entity entered in the register of recognised data altruism organisations shall inform data holders prior to any processing of their data:
Amendment 346 #
Proposal for a regulation
Article 19 – paragraph 1 – point -a (new)
Article 19 – paragraph 1 – point -a (new)
(-a) about the legal basis established under Regulation (EU) 2016/679 under which it collects data;
Amendment 351 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) about any processing outside the Union, including its location.
Amendment 361 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
(3 a) When personal data is shared by a data subject, all data subjects rights established under Regulation (EU) 2016/679 continue to apply;
Amendment 365 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
(1) In order to facilitate the collection of data based on data altruism, the Commission may adopt implementing acts developing a European data altruism consent form, after consultation and authorisation of the European Data Protection Board. The form shall allow the collection of consent across Member States in a uniform format. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2).
Amendment 368 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
(1) The competent authorities designated pursuant to Article 12 and Article 20 shall be legally distinct from, and functionally independent of any provider of data sharing services or entity included in the register of recognised data altruism organisations. The authorities referred to in Articles 12 and 20 shall be the same as the supervisory authorities designated under Regulation (EU) 2016/679. Member States shall make available additional financial and human resources to perform these tasks.
Amendment 370 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties may be invited to attend meetings of the Board and to participate in its work. In case stakeholders are invited, an equal number from industry, academia, civil society, and consumer protection group shall be represented. These stakeholders shall be registered in the Transparency Register.
Amendment 371 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
(4 a) The agenda of meetings of the Board shall be published beforehand, as well as the minutes after the meeting without undue delay. The minutes shall contain a list of representatives and stakeholders present.
Amendment 375 #
Proposal for a regulation
Article 30 – title
Article 30 – title
International access and transfer of non- personal data
Amendment 376 #
Proposal for a regulation
Article 30 – paragraph 3 – point a
Article 30 – paragraph 3 – point a
(a) where the third-country system requires the reasons and proportionality of the decision to be set out, and it requires the court order or the decision, as the case may be, to be specific in character, for instance by establishing a sufficient link to certain suspected persons, or infringements; and
Amendment 380 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
By [fourtwo years after the data of application of this Regulation], the Commission shall carry out an evaluation of this Regulation, and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee, which shall be made publicly available. Member States and the EDPB shall provide the Commission with the information necessary for the preparation of that report. The report shall contain a quantitative and qualitative analysis on the impact of this Regulation on the fundamental rights to privacy and to the protection of personal data.