Activities of Lena KOLARSKA-BOBIŃSKA related to 2011/2025(INI)
Shadow opinions (1)
OPINION A comprehensive approach on personal data protection in the European Union
Amendments (15)
Amendment 11 #
Draft opinion
Paragraph 2
Paragraph 2
2. Invites the Commission to carefully consider the impact on SMEs to ensure they are not disadvantaged; believes as well that the volume of data which is processed should also be taken into consideration independent of the size of a firm;
Amendment 17 #
Draft opinion
Paragraph 3
Paragraph 3
3. Invites the Commission to resist calls for new imprecise broad principles which maycritically assess if newly introduced principles do really solve genuine problems and do not cause legal uncertainty, skew competition, erect trade barriers, contravene the presumption of innocence and create additional burdens on controllers without quantifiable benefits in resolving genuine problems;
Amendment 24 #
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that any certification or seal scheme could be based on a model such as EMAS and must in any event be of ensured integrity and trustworthiness; asks that any scheme include individual serial codes on certificates viewable by the public and checkable in a central public database;
Amendment 25 #
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that any certification or seal scheme could be based on a model such as EMAS and must in any event be of ensured integrity and trustworthiness;
Amendment 32 #
Draft opinion
Paragraph 5
Paragraph 5
5. Recommends that any concrete implementation of ‘privacy by design’ is based on the existing EU model with respect to goods, to ensure legal certainty, a level playing field and free movement; believes ‘privacy by design’ should be based on the principle of data minimisation, meaning that all products should be built in such a way to collect, use and transmit only the personal data absolutely needed for it to function;
Amendment 41 #
Draft opinion
Paragraph 6
Paragraph 6
6. Recommends that the Commission considers a possibility for behavioural sanctions in case of infringement, instead of as well as introducing a principle of ‘accountability’;
Amendment 46 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Encourages all bodies involved to work towards a common standard as to what can be considered as an individual giving their consent and towards a common ‘age of consent’ for data usage and transfer;
Amendment 49 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that any new legal instrument should apply to all data controllers that handle the data of European citizens, irrespective of the location of that data controller both inside and outside the EU; calls on the Commission to work with international partners, especially India, towards the adoption of data protection rules which meet EU standards and the inclusion of EU standards in all international agreements;
Amendment 51 #
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission to further regulate the collection, sale and purchase of personal data by including this aspect into the scope of application of any new data protection rules; stresses that such data is not used for online proposes alone but also direct postal marketing;
Amendment 52 #
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses that citizens must be able to exercise their data rights free of charge and without postal or other costs; calls on companies to refrain from any attempts to add unneeded barriers to the right to view, amend or delete personal data;
Amendment 53 #
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Reminds the Commission that not all data controllers are internet businesses; calls on the Commission to ensure that new data protection rules can be applied both in the online and offline environment;
Amendment 54 #
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. stresses the need for the Member States to give greater powers to national judicial and data protection authorities to sanction companies for breaches in data protection or failure to apply data protection laws;
Amendment 55 #
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Notes that class-action lawsuits could be introduced as a tool for individuals to collectively defend their data rights and seek reimbursement of damages from a data breach; notes, however, that any such introduction must be subject to limits to avoid abuse; asks the Commission to clarify the relationship between this communication on data protection and the current public consultation on collective redress;
Amendment 56 #
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Believes that all personal data transfers should be subject to traceability (the origin and destination) and this information should be made available to the individual concerned; stresses that if an individual wishes to modify their data from a controller, the owner should be given the option to have this request forwarded to both the original source of the data as well to any other controllers the data has been was shared with;
Amendment 57 #
Draft opinion
Paragraph 8 h (new)
Paragraph 8 h (new)
8h. Asks the Commission to clarify the legal accountability of personal data controllers; stresses that it should be made clear whether the first data controller or the last known controller are accountable or if they subject to joint- accountability;