23 Amendments of Birgit SIPPEL related to 2016/2225(INI)

Motion for a resolution
Recital D

D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights such as the right to privacy and data protection, but also to other fundamental rights, including freedom of expression and non- discrimination, as guaranteed by the EU Charter and Union law;

2016/12/19
Committee: LIBE

Motion for a resolution
Recital E

E. whereas the pervasiveness of sensors, extensive routine data production and contemporary data-processing activities are characterised by a high degree of opacity, which hinders the capacity of citizens and authorities to assess the processes and purpose of the collection, compilation, analysis and use of personal data, along with the appropriateness of security measures and safeguards applied for its protection or lack thereof;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 1

1. Emphasises that information revealed by big data analysis does not offer an objective and impartial overview of any subject matter and is only as reliable as the underlying data permits, and that strong scientific and ethical standards are therefore needed for judging the results of such analysis and its predictive algorithms;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 2

2. Stresses that the prospects and opportunities of big data can only be fully enjoyed by citizens, corporations, governments and institutions when public trust in these technologies is ensured by strong enforcement of fundamental rights and legal certainty for all actors involved; stresses that the processing of personal data can only be done on the basis of the consent of the person concerned or some other legitimate basis laid down by law;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 2 a (new)

2 a. (new) Notes that education and awareness over fundamental rights is urgently needed in the EU; urges the EU and Member States to invest in digital literacy and awareness-raising of digital rights, privacy and data protection among citizens, including children; underlines that this type of education needs to address the understanding of the principles/logic of how algorithms and automated decision-making processes work and how to interpret them in a meaningful way; further notes the need to educate on fostering understanding on where and how data streams are collected (i.e. web scraping, combining streaming data with data of social networks and connected devices and aggregating that into a new data stream);

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 2 a (new)

2 a. Points out that the border between personal and non-personal data is getting more and more blurred through the technological possibility to generate personal data through the analysis of non-personal data and that the General Data Protection Regulation does not fully cover this phenomenon;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 2 b (new)

2 b. (new) Highlights that big data- types of processing of personal data, which often encompass indefinite periods of retention of data without a specific identified purpose, are contrary to the data protection principles of purpose limitation and limits on retention; alerts therefore that such data processing and retention is only allowed under EU law if the data is properly anonymised, and where there is no risk of re-identification under likely and reasonable means;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 2 c (new)

2 c. Believes that large public and private investment is needed to develop and make the most of Privacy Enhancing Technologies; believes that the incorporation of such technologies could grant enormous competitive advantage to EU businesses and services; calls for a concerted public and private strategy to enhance the EU as a world leader in this field;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 3

3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality ~~and non- discrimination~~, data minimisation, purpose limitation and non- discrimination as well as the right of individuals to receive information regarding the logic involved in the automated decision-making and profiling and the right to seek redress, are applicable to data processing even when that processing is preceded by pseudonymisation and anonymisation techniques, insofar as there are risks of re- identification, or, in any case, when use of non-personal data might impact on individuals’' private lives or other rights and freedoms;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 4

4. Takes the view that transparency, fairness, lawfulness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of corporations, public authorities and other actors that use data to frame their decision-making procedures; emphasises the need for much greater transparency with regard to data processing and analytics by businesses, public authorities and any other actors that use big data analytics;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 4 a (new)

4 a. Is concerned that the concentration in digital markets stifles competition and thus choice and could harm the rights of data subjects and consumers, including with regard to mergers;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 5

5. Highlights the fundamental role that the Commission, the European Data Protection Board and other independent supervisory authorities should play in the coming years and decades to promote legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics; underlines the necessity for closer collaboration among regulators of conduct in the digital environment, thus strengthening the synergies between regulatory frameworks for consumers, antitrust and data protection and proposes to further explore the possibility of setting up a Digital Clearing House [1]; furthermore calls for adequate funding and staffing of such authorities; [1] Opinion 8/2016 of the European Data Protection Supervisor of 23 September 2016 entitled 'EDPS Opinion on coherent enforcement of fundamental rights in the age of big data', p. 15.

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 6

6. Takes the view that anonymisation techniques should comprise technical measures and contractual obligations which ensure non-re-identification; calls on corporations and other actors involved in the analysis of big data to regularly review such risks in light of new technologies and to document the appropriateness of measures adopted, allowing independent supervisory authorities to monitor practices and provide recommendations;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 7 a (new)

7 a. (new) Is particularly concerned with the detrimental impact that data analytics may have on fairness and equality of opportunities for access to education and employment due to the use of algorithmic systems to recruit and score applications, which may counter diversity and perpetuate biases and discrimination against some populations groups;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 8

8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities; calls for strengthening investment into privacy by design and default and new encryption techniques that decentralise storage of compromising information; stresses that such measures should not only be applied by big companies and governmental agencies, but by all actors involved in big data analytics, including SMEs, and other actors dealing with sensitive data, such as lawyers, journalists and people working in the health sector;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 10

10. ~~Encourage~~Reminds all law enforcement actors that use data processing and analytics t~~o ensure appropriate human intervention throughout the various stages of the processing and analysis of data, especially when decisions may carry~~ hat the data protection directive of 2016 prohibits to base any decision solely on automated processing, including profiling, which produces an adverse legal effect concerning the data subject or significantly affects him or her, unless authorised by Union or Member State law to which the controller is subject and whigch ~~risks for individuals~~provides appropriate safeguards for the rights and freedoms of the data subject, at least the right to obtain human intervention on the part of the controller;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 10 a (new)

10 a. Stresses the prohibition to process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation, unless suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 10 b (new)

10 b. Stresses the need to put in place appropriate safeguards including the provision of specific information to the data subject and the right to obtain human intervention, in particular to express his or her point of view, to obtain an explanation of the decision reached after such assessment or to challenge the decision; and that control through an independent and sufficiently staffed and financed authority has to be ensured;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 11

11. Stresses, in particular, the importance of carrying out prior impact assessments and audits that take account of ethical concerns in order to assess the inclusiveness, accuracy and quality of the data and the quality of the technology purchased, and to ensure that individuals targeted by the decisions and/or actors involved in the decision-making processes are able to challenge the analysis, patterns and correlations and to prevent any harmful effects on certain groups of individuals; further underlines the need to ensure that only the minimum necessary data is collected, used and stored;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 11

11. Stresses, in particular, the importance of carrying out prior impact assessments that take account of ethical concerns and legal obligations in order to assess the inclusiveness, accuracy and quality of the data, and to ensure that individuals targeted by the decisions and/or actors involved in the decision-making processes are able to understand and challenge the analysis, patterns and correlations and to prevent any harmful effects on certain groups of individuals;

2016/12/19
Committee: LIBE

Motion for a resolution
Paragraph 12 a (new)

12 a. (new) Stresses the need for guidelines and systems to be incorporated into public tenders for law enforcement data processing models, tools and programs in order to guarantee that the underlying code can be and is checked by the law enforcement authority themselves prior to final purchase and can be verified for its correctness and security;

2016/12/19
Committee: LIBE