Activities of Anneli JÄÄTTEENMÄKI related to 2008/0090(COD)
Plenary speeches (2)
Public access to European Parliament, Council and Commission documents (debate)
Public access to European Parliament, Council and Commission documents (debate)
Amendments (4)
Amendment 17 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Names, titles and functions of public office holders, civil servants and interest representatives in relation withPersonal data shall not be disclosed if such disclosure would harm the privacy or the integrity of the person concerned. Such harm does not arise: – if the data relate solely to their professional activities shall be disclosedof the person concerned unless, given the particular circumstances, there is reason to assume that disclosure would adversely affect that person; – if the data relate solely to a public person unless, given the particular circumstances, there is reason to assume that disclosure would adversely affect the persons concerned. Oat person or other persons related to him or her; – if the data have already been published with the consent of ther person concerned. Personal data shall nevertheless be disclosed inf accordance with the conditions regarding lawful processing of such data laid down in EC legislationn overriding public interest requires disclosure. In such cases, the institution, body, office or agency shall be required to specify the public interest. It shall give reasons why, in the specific case, the public interest outweighs the interests onf the protection of individuals with regard to erson concerned. Where an institution, body, office or agency refuses access to a document on the basis of this paragraph, it shall consider whether processing of personal data. artial access to that document is possible.
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The exceptions under paragraphs (21) andto (3) shall apply unless there is an overriding public interest in disclosure. When balancing the public interest in disclosure, special weight shall be given to the fact that the requested documents relate to the protection of fundamental rights or the right to live in a healthy environment. As regards paragraphs 2(a), (b) and (d) an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment, with the exception of investigations, in particular those concerning possible infringements of Union law. As regards the other exceptions set out in Article 4, the institution concerned must take into account the public interest served by disclosure and whether the information requested relates to emissions into the environment, if a request concerns access to environmental information.
Amendment 104 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. An institution, body, office or agency shall refuse access to a document on the grounds of the exceptions under paragraphs (1) to (3) only where a concrete and individual assessment of the requested document shows that there is a risk to the protected interest which is reasonably foreseeable and not purely hypothetical.
Amendment 121 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where a Member State receives a request for a document in its possession, which originates from an institution, unless it is clear that the document shall or shall not be disclosed,n application concerns a document originating from a Member State, other than documents transmitted in the framework of procedures leading to a legislative act or a delegated or implementing act of general application the authorities of theat Member State shall be consult with ted. The institution concerned in order to take a decision that does not jeopardise the objectives of this Regulation. The Member State may instead referholding the document shall disclose it unless the Member State gives reasons for withholding it, based on the exceptions referred to in Article 4. The institution shall appreciate the radequest to the institutionacy of reasons given by the Member State.