14 Amendments of Nuno MELO related to 2012/0010(COD)
Amendment 220 #
Proposal for a directive
Recital 38
Recital 38
(38) The protection of the rights and freedoms of data subjects with regard to the processing of personal data requires that appropriate technical and organisational measures be taken to ensure that the requirements of the Directive are met. In order to ensure compliance with the provisions adopted pursuant to this Directive, the controller should adopt policies and implement appropriate measures, which meet in particular the principles of data protection by design and data protection by default.Does not affect English version.)
Amendment 238 #
Proposal for a directive
Recital 48
Recital 48
(48) The Commission should equally be able to recognise that a third country, or a territory or a processing sector within a third country, or an international organisation, does not offer an adequate level of data protection. Consequently the transfer of personal data to that third country should be prohibited except when they are based on an international agreement, appropriate safeguards or a derogation. Provision should be made for procedures for consultations between the Commission and such third countries or international organisations. However, such a Commission decision shall be without prejudice to the possibility to undertake transfers on the basis of appropriate safeguards or on the basis of a derogation laid down in the Directive.Does not affect English version.)
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data, and prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability or illness, age or sexual orientation; and
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) ensure that the exchange of personal data by competent authorities within the Union is neither restricted nor prohibited for reasons connected with the protection of individuals with regard to the processing of personal dataprovided for pursuant to point (a).
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) 'profiling' means an automated data processing technique consisting in categorising an individual, in particular for the purpose of taking decisions in relation to that individual or to analyse or predict their personal preferences, behaviour and attitudes;
Amendment 320 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) persons with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence;
Amendment 322 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) victims of a criminal offence, or persons with regard to whom certain facts give reasons for believing that he or she could be the victim of a criminal offence;
Amendment 393 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 399 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 417 #
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States may adopt legislative measures restricting, wholly or partly, the data subject's right of access to the extent that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned, respecting the essence of the rights and fundamental freedoms of the person concerned under Article 52 of the Charter of Fundamental Rights of the European Union:
Amendment 426 #
Proposal for a directive
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) to protect the rights and freedoms of othird partiers.
Amendment 428 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may determine by law categories of data processing which may wholly or partly fall under the exemptions of points (a) to (d) of paragraph 1.
Amendment 447 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 566 #
Proposal for a directive
Article 29 – paragraph 4
Article 29 – paragraph 4
4. The communication to the data subject may be delayed, restricted or omitted on the grounds referred to in Article 11(43(1).