11 Amendments of Birgit SIPPEL related to 2013/2063(INI)
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates that notwithstanding the potential and benefits of ‘cloud computing’ for businesses, citizens and the public sector, it entails significant risks and challenges, particularly for fundamental rights, and in particular for the right to privacy and the protection of personal data, and by increasing impact in case of disruptions;
Amendment 7 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that access to a safe Internet is a fundamental right of every citizen and that 'cloud computing' will continue to play an important role in this aspect; reiterates, therefore, its call on the Commission and on the Council to unequivocally recognise digital freedoms as fundamental rights and as indispensable prerequisites for enjoying universal human rights;
Amendment 8 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates that, as a general rule, the level of data protection in a 'cloud computing' environment must not be inferior to that required in any other data- processing context;
Amendment 10 #
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that EU data protection law already fully applies to cloud computing services operating in the EU and thus must be fully respected; explicitly welcomes the fact that in Article 3(2) of its proposal for a regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) the Commission proposes that the territorial scope of EU data protection law should be extended to cover controllers not established in the Union where such controllers offer goods and services to data subjects in the Union; points out, however, that many cloud computing services established outside the EU are aimed specifically at legal persons, who would not be covered if this definition were to be interpreted restrictively;
Amendment 22 #
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the use of cloud services by public authorities, including EU institutions, requires special consideration, especially yet not exclusively when sensitive data are being processed; emphasises that data integrity and security must be guaranteed and unauthorised access, including by law enforcement authorities or foreign governments, prevented; stresses that this also applies to specific processing activities by certain non-governmental services such as banks, insurance companies, schools and hospitals; stresses, furthermore, that all of the aforementioned is of particular importance if data is being transferred between different jurisdictions; therefore takes the view that public authorities as well as non-governmental services and the private sector should rely as far as possible on European clouds when processing sensitive data;
Amendment 27 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges the Commission, when negotiating international agreements that involve the processing of personal data, to take particular note of the risks and challenges associated with 'cloud computing' for fundamental rights, and in particular for the right to privacy and for the protection of personal data; furthermore urges the Commission to take note of the negotiating partner's domestic rules governing law enforcement access to personal data processed through 'cloud computing' services, in particular the requirement that access for law enforcement authorities can only be granted following due process of law and that there should be a legal basis allowing for the access, as well as the requirement to specify the exact conditions of access, the security measures put in place when handing over the data, the rights of individuals, as well as the rules for supervision and for an effective redress mechanism;
Amendment 32 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines that particular attention has to be paid to small and medium enterprises which increasingly rely on 'cloud computing' technology when processing personal data and which might not always have the resources or the expertise to adequately address security challenges;
Amendment 34 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Underlines the importance of digital literacy among all citizens and urges Member States to develop concepts of how to promote safe use of the Internet including of 'cloud computing' services;
Amendment 36 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Underlines the importance of effective, proportionate and dissuasive administrative sanctions where 'cloud computing' services do not comply with EU data protection standards;
Amendment 50 #
Draft opinion
Paragraph 5 – indent 3 a (new)
Paragraph 5 – indent 3 a (new)
- proposals on how to define 'transfer' of personal data and on how to update standard contractual clauses that are tailored to the cloud environment as 'cloud computing' often involves massive flows of data from the cloud clients to cloud providers' servers and data centres involving many different parties and crossing borders between EU and non-EU countries;
Amendment 51 #
Draft opinion
Paragraph 5 – indent 4
Paragraph 5 – indent 4
– proposals to guaranteefor a definition of net neutrality and service neutrality in order to prevent commercially motivated discrimination against specificwhich are based on the principles of equal treatment and non-discrimination in respect of data packages and the practical implementation of those principles, in order to prevent discrimination on commercial and other grounds against specific cloud services; in particular, and as a matter of principle, mobile and fixed- line telephony should be treated in the same way as regards access to cloud services;