9 Amendments of Alfred SANT related to 2023/0205(COD)
Amendment 190 #
Proposal for a regulation
Recital 19
Recital 19
(19) The data use perimeter thus established in this Regulation and in the accompanying guidelines (‘the guidelines’)regulatory technical standards to be developed by the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA) should provide a proportionate framework on how personal data related to a consumer that falls within the scope of this Regulation should be used. The data use perimeter ensures consistency between the scope of this Regulation, which excludes data that forms part of a creditworthiness assessment of a consumer as well as data related to life, health and sickness insurance of a consumer, and the scope of the guidelines,regulatory technical standards which set recommendations on how types of data originating from other areas of the financial sector that are in scope of this Regulation can be used to provide these products and services. The guideline The regulatory technical standards developed by the EBA should set out how other types of data that are in scope of this Regulation can be used to assess the credit score of a consumer. The guidelineregulatory technical standards developed by EIOPA should set out how data in scope of this Regulation can be used in products and services related to risk assessment and pricing in the case of life, health and sickness insurance products. The guidelineregulatory technical standards should be developed in a manner that is aligned to the needs of the consumer and proportionate to the provision of such products and services. The regulatory technical standards developed by EIOPA and the EBA should also elaborate on the limits for combining ‘customer data’ with other types of personal data, such as personal data obtained from third party sources, such as from social media networks or from data brokers.
Amendment 271 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall not apply to the entities referred to in Article 2(3), points (a) to (e), of Regulation (EU) 2022/2554. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925, shall not be an eligible data user for the purposes of this Regulation. .
Amendment 282 #
Proposal for a regulation
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3 b. This regulation shall not apply to collectively concluded products such as products resulted from social partners bargaining, trade unions or products procured by non-profit organisations on behalf of their members.
Amendment 327 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘financial information service’ means an online service providing consolidated information on one or more financial services products listed under Article 2(1) of this Regulation with a view to providing a customer with an overall view of their financial situation immediately at any given moment;
Amendment 375 #
Proposal for a regulation
Article 6 – paragraph 4 – point a a (new)
Article 6 – paragraph 4 – point a a (new)
(a a) not transfer any customer data to any third party without the customer’s explicit permission;
Amendment 397 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. In accordance with Article 16 of Regulation (EU) No 1093/2010, tThe European Banking Authority (EBA) shall develop guidelinedraft regulatory technical standards on the implementation of paragraph 1 of this Article for products and services related to the credit score of the consumer, mortgage credit agreements, and payment services.
Amendment 403 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. For the purposes of paragraphs (2) and (3) of this article, regulatory technical standards should address: (a) the limits of the combination of ‘customer data’ obtained pursuant to the Proposal with other types of personal data; (b) the explainability, transparency and bias avoidance safeguards needed to be installed when Artificial Intelligence tools and algorithms are being deployed, used or trained for any of the purposes mentioned in paragraphs (2) and (3) of this article; (c) the information provision obligations for financial institutions when a customer is presented with a personalised offer that is based on profiling or other types of automated processing of personal data; (d) how the ‘right to be forgotten’ of cancer survivors shall be applicable in relation to non-credit related insurance policies, including life and health insurance, in line with article 124 of the 2020/2267 (INI) Report of the European Parliament. This shall also be extended to other chronic diseases and mental conditions.
Amendment 464 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point a a (new)
Article 10 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) each of the parties listed in paragraph (a) above shall have fair and equal representation in the internal decision-making processes of the scheme as well as equal weight in any voting procedures; where a member is both a data holder and data user, its membership shall be counted equally towards both sides;
Amendment 471 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point g a (new)
Article 10 – paragraph 1 – subparagraph 1 – point g a (new)
(g a) a financial data sharing scheme shall also establish minimum technical and organisational measures to ensure an appropriate level of security for the exchange of personal data;