Activities of Kyriacos TRIANTAPHYLLIDES related to 2011/2025(INI)
Shadow opinions (1)
OPINION on a comprehensive approach on personal data protection in the European Union
Amendments (24)
Amendment 3 #
Draft opinion
Recital B
Recital B
B. whereas rapid technological developments have brought new challenges in terms of personal data protection as a result of the increased reliance on complex information technology tools for data processing as well as enhanced online activity, including e-commerce,
Amendment 8 #
Motion for a resolution
Recital A
Recital A
A. whereas the EU must equip itself with a single comprehensive, coherent and effective framework able to protect the personal data of individuals within and beyond the EU in all circumstances, in order to cope with the numerous challenges facing data protection,
Amendment 12 #
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the data protection dimension of the internal market to be enhanced both online and offline through the uniformisation of Member States'’ legislation and increased legal certainty, with excessive restrictions and further organisational costs being avoided, and, especially as regards definitions, grounds for and lawfulness of data processing, data subject rights, international transfers and national data protection authorities, to ensure increased legal certainty and reduce excessive administrative burdens reduced, especially for SMEs;
Amendment 22 #
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the need for a coherent application of data protection rules, taking into account the impact of new technologies on individuals'’ rights, while ensuring free circulation of personal data to facilitate the smooth functioning of both the internal market and the Internet and its characteristic openness and interconnectivity;
Amendment 25 #
Motion for a resolution
Recital C
Recital C
C. whereas it is of utmost importance that a series of key elements be taken into account when legislative solutions are considered, namely effective protection, given under all circumstances and independent of political preferences within a certain timeframe; whereas the framework must be stable over a long period, and limitations on the exercise of the right, where and if needed, must be exceptional, strictly necessary, duly justified and never affect the essential elements of the right itself9 ,
Amendment 30 #
Motion for a resolution
Recital D
Recital D
D. whereas the collection, analysis, exchange and misuse of data and the danger of ‘profiling’, all of which have been made possible bystimulated by the complexity of technical developments, have reached unprecedented dimensions and consequently necessitate strong data protection rules,
Amendment 31 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the importance for any future legislation to be technologically- neutral to ensure that data subjects' rights are always valid and enforceable regardless of the technology used for processing personal data; calls upon industry, research and development and innovation sectors to incorporate the principle of privacy by design and to promote PETs (Privacy Enhancing Technologies) in order to guarantee a high level of protection of personal data throughout the Single Market;
Amendment 32 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that the development and broader use of cloud computing raises new challenges in terms of privacy and protection of personal data; calls, therefore, for a clarification of the capacities of transparency on behalf of data controllers, data processors and hosts as to better allocate the corresponding legal responsibilities and so that the data subjects know where their data are stored, who has access to their data, who decides the use to which the personal data will be put, and what kind of back-up and recovery processes are in place;
Amendment 33 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission to clarify the rules on applicable law in the Data Protection Directive 95/46, especially in situations where companies operate in several Member States or have branches outside the European Union;
Amendment 37 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need for awareness-raising activities on data protection to ensure that the rules on consent are implemented every individual knows his or her rights in terms of personal data protection and understands the short and long term consequences of providing certain types of data as well as the conditions attached to providing such data, including the different modalities of consent, data portability and the right to be forgotten. Awareness raising a uniform way, especially in the online environmentbout such information is not only relevant to online activity but also to employment relationships and intra or inter corporate transfers of personal employment data;
Amendment 37 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas effective control by the data subject requires transparent behaviour of data controllers,
Amendment 41 #
Motion for a resolution
Recital F
Recital F
F. whereas a strong European and international data protection regime is the necessary foundation for the flow of personal data across borders, and whereas current differences in data protection legislation and enforcement are affecting European citizens as well as the global economy and the single European market,
Amendment 48 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a revision and simplificatn extension of the current personal data breach notification system with a view to making data processing by all data controllers less cumbersome and expensivebeyond the telecom sector to serious data breaches;
Amendment 56 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to examine the modalities for access, rectification and deletion of data, as well as recourse to Alternative Dispute Resolution and judicial collective redress in the internal market;
Amendment 57 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it imperative to extend the application of general data protection rules to the areas of police and judicial cooperation, including in the context of data processing at domestic level, while also allowing, as and where necessary, for restricted and harmonised limitations on certain data protection rights of the individual;
Amendment 63 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises equally the need to have the processing of personal data by institutions and bodies of the European Union, which is governed by Regulation (EC) No 45/2001, included within the scope of the new framework;
Amendment 64 #
Draft opinion
Paragraph 6
Paragraph 6
Amendment 75 #
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
– further clarification of the rules on applicable law with a view to delivering the same degree of protection for individuals irrespective of the geographical location of the data controller;
Amendment 81 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the revised data protection regime should keep bureaucratic and financial burdens to a minimum;
Amendment 85 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to draft a new legislation along the following principles and elements, while emphasising that these principles and elements are already set out in Directive 95/46/EC, but have not been realised and implemented fully in the Member States or found full application in the ‘online environment’: the principle of transparency, the principles of data minimisation and purpose limitation, and the provisions on consent;
Amendment 87 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points to fact that voluntary consent can not be assumed in the field of labour contracts;
Amendment 102 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission communication’s focus on awareness- raising campaigns aimed both at the general public and more specifically at young people; stresses the need to also specifically address elderly people; underlines that awareness-raising measures should not be understood as shifting the burden of responsibility on the data subject;
Amendment 133 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports efforts further to advance self-regulatory initiatives within the revision of the data protection framework, as suggested in the Commission communication, and iIs in favour of giving consideration to setting up EU certification schemes;
Amendment 149 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to streamline and strengthen current procedures for international data transfers, and to define ambitious core EU data protection aspects to be used for all types of international agreement;