Activities of Jan Philipp ALBRECHT related to 2011/2025(INI)
Shadow opinions (1)
OPINION on a comprehensive approach to personal data protection in the European Union
Amendments (40)
Amendment 4 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Council of Europe Convention 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data,
Amendment 8 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that the right to access includes not only full access to the data processes about oneself including the source and recipients, but also intelligible information about the logic involved in any automatic processing; emphasises that the latter will even become more important with profiling and data-mining;
Amendment 9 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to guarantee synergies on data protection rights ad consumers’ rights;
Amendment 11 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas violations of data protection provisions can lead to serious risks for the fundamental rights of individuals and for the values of the Member States,
Amendment 12 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas data protection legislation in the EU, the Member States, and beyond has developed a legal tradition that has to be maintained and further elaborated,
Amendment 14 #
Draft opinion
Paragraph 4
Paragraph 4
Amendment 19 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU and the Member States are obliged to take effective measures against all violations of personal rights and are obliged to protect individual privacy and informational self- determination,
Amendment 24 #
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 and proportionate, duly justified and never affect the essential elements of the right itself9 ,
Amendment 28 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Supports efforts further to advance enforceable and binding self-regulatory initiatives based on the legal framework within the revision on the data protection framework, as suggested in the Commission communication, and is in favour of further supporting EU certification schemes; points out that public procurement should play an important role in taking the lead here;
Amendment 33 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the fundamental right to data protection includes the protection of persons from possible surveillance and abuse of their data by the state itself, as well as by private entities,
Amendment 38 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas effective control by the data subject requires transparent behaviour of data controllers,
Amendment 42 #
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 44 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas privacy and security are possible and are both of key importance for citizens, meaning that there is no need to chose between being free or being safe,
Amendment 46 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas continuous violations of data protection lead to a lack of trust by citizens that will weaken the expedient use of the new technologies,
Amendment 50 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the opportunity to substantiate and adapt the European data protection law to the legal conditions that emerge after the entry into force of the Lisbon Treaty and the Charter of Fundamental Rights,
Amendment 54 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the importance of Article 9 of Directive 95/46/EC which obliges Member States to provide for exemptions from data protection rules when personal data are used solely for journalistic purposes or the purpose of artistic or literary expression and in this context underlines the importance of the right to freedom of expression;
Amendment 58 #
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, taking especially into account the trend to re-use on a systematic basis personal data of the private sector for law enforcement purposes, while also allowing, asexceptionally and where strictly necessary, for restrict and proportionate, for narrowly-tailored and harmonised limitations on certain data protection rights of the individual;
Amendment 66 #
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 67 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recognises that enhanced additional measures might be needed for specific sectors, as has already been the case for the e-Privacy Directive - but insists that sector-specific rules should in no circumstances lower the level of protection ensured by framework legislation, strictly defining exceptional, necessary, legitimate and narrowly- tailored derogations to general data protection principles,
Amendment 68 #
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls on the Commission explicitly to ensure that the current revision of EU data protection law will allowegislation will provide for:
Amendment 73 #
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, including when it comes to enforcement of data protection by authorities or in court;
Amendment 80 #
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, while fully enforcing the rights to privacy and data protection;
Amendment 84 #
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 thesereinforce existing principles and elements are alreadys set out in Directive 95/46/EC, but have not been realised and implemented fully in the Member States or found full application inimproving their implementation in Member States , particularly as regards the ‘online- environment’:, amongst which the principles of transparency, the principles of data minimisation and purpose limitation, and the provisions on consent;necessity, legitimacy and proportionality of data processing, informed, prior and explicit consent, data breach notification and the data subjects’ right of access to data which has been collected concerning them, as well as the right to have them rectified or deleted
Amendment 98 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that the right to access includes not only full access to the data processed about oneself including its source and recipients, but also intelligible information about the logic involved in any automatic processing; emphasises that the latter will become even more important with profiling and data-mining;
Amendment 99 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines that the data subject must be put in the position to know at any time which data have been stored by whom, when, for which purpose, for which time period, and how it is being processed; he or she has to be able to obtain its deletion, correction and blocking in an unbureaucratic way and without costs; he or she has to be informed about any misuse and any data breach;
Amendment 100 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission cReiterates the need to enhance obligations of data controllers as to the information of data subjects and welcomes the attention given by the Communication’s focus on to awareness- raising campaigns aimed bothdirected at the general public and also, 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 107 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the need for data protection legislation to acknowledge the special need to protect children and minors and underlines that media literacy has to become an element of formal education in order to instruct children and minors on how to act responsibly in the online environment;
Amendment 111 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports further clarification with regard toand reinforcement of guarantees for the processing of sensitive data, along with discussnd the reflection ofn the need to includecessity to deal with new categories such as genetic data, especially in the context of both technological developments (e.g. cloud computing) and societal developments;
Amendment 114 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the need to enhance guarantees for the protection of children’s personal data, also in light of the increased access of children to Internet and digital contents;
Amendment 117 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it essential thato reinforce data controllers’ obligations to ensure compliance with data protection, and, in this connection, legislation by having in place, inter alia, proactive mechanisms and procedures, and welcomes the other directions suggested inby the Commission communication;
Amendment 119 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that in this context special attention must be paid to data controllers who are subject to professional secrecy obligations and that for those the building of special structures for data protection supervision should be considered;
Amendment 120 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Welcomes and supports the considerations of the Commission to introduce a principle of accountability as it is of key importance to ensure that data controllers act upon their responsibility; at the same time calls on the Commission to carefully examine how such a principle could be effectively implemented and assess the consequences thereof;
Amendment 125 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers essential the possibility of making Privacy Impact Assessments mandatory in order to identify privacy risks, foresee problems, and bring forward proactive solutions;
Amendment 129 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Sees in the concepts of ‘privacy by design’ and ‘privacy by default’ a strengthening of data protection, and supports examination of possibilities for their concrete application and further development;
Amendment 132 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports efforts further to advance enforceable and binding self- regulatory initiatives based on the legal framework within the revision of the data protection framework, as suggested in the Commission communication, and is in favour of giving consideration to setfurther supporting up EU certification schemes; reminds that public procurement should play an important role in taking the lead here;
Amendment 137 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is in favour of further clarifying, strengthening and harmonising the status and powers of national data protection authorities, including by equipping them with appropriate resources, and of exploring ways to ensure more consistent application of EU data protection rules across the internal market;
Amendment 139 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 148 #
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;
Amendment 151 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that the Commission’s adequacy procedure of the Commission would benefit from further clarification, stricter implementation, enforcement and monitoring, and that the criteria and requirements for assessing the level of data protection in a third country or an international organisation should be better specified taking into account the new threats to privacy and personal data;
Amendment 154 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports the Commission’s efforts to enhance cooperation with third countries and international organisations, including the United Nations, the Council of Europe and the OECD, as well as with standardisation organisations such as the CEN and the ISOEuropean Committee for Standardisation (CEN), the International Organisation for Standardisation (ISO), World Wide Web Consortium (W3C) and Internet Engineering Task Force (IETF);