Activities of Philippe DE BACKER related to 2012/0011(COD)
Plenary speeches (1)
Protection of individuals with regard to the processing of personal data (A8-0139/2016 - Jan Philipp Albrecht)
Amendments (3)
Amendment 446 #
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal. There is no imbalance when the data are processed byin the employercontext of employees’ personal data in the employment contextment or risk protection. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 991 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller. There shall be no significant imbalance when the data are processed in the context of employment or contracts protecting against risk.
Amendment 3132 #
Proposal for a regulation
Article 91 – paragraph 2 – subparagraph 1
Article 91 – paragraph 2 – subparagraph 1
It shall apply from [two years from the date referred to in paragraph 1] without prejudice to the use of personal data lawfully processed before that date.