4 Amendments of Maria GRAPINI related to 2018/0111(COD)
Amendment 64 #
Proposal for a directive
Recital 47
Recital 47
(47) This Directive is without prejudice and should be implemented and applied in full compliance with Union law relating to the protection of personal data including Regulation (EU) 2016/679 of the European Parliament and of the Council37 and Directive 2002/58/EC of the European Parliament and of the Council38. Anonymisation is a means to reconcile the interests in making public sector information as re-usable as possible with the obligations under data protection legislationRegulation EU 2016/679, but comes at a cost. It is appropriate to consider this cost as one of the cost items to be considered as part of the marginal cost of dissemination as defined in Article 6 of this Directive. _________________ 37 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) […]. 38 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201 , 31/07/2002 p. 37).
Amendment 109 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) Re-use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction, provision and dissemination , and – where applicable – anonymisation of personal data, in accordance with Regulation EU 2016/679, and measures taken to protect commercially confidential information .
Amendment 112 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
(3) In the cases referred to in points (a) and (c) of paragraph 2, the total charges shall be calculated according to objective, transparent and verifiable criteria to be laid down by the Member States. The total income from supplying and allowing re-use of documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction and dissemination, and – where applicable – anonymisation of personal data, in accordance with Regulation EU 2016/679, and measures taken to protect commercially confidential information, together with a reasonable return on investment. Charges shall be calculated in line with the applicable accounting principles.
Amendment 113 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) Where charges are made by the public sector bodies referred to in point (b) of paragraph 2, the total income from supplying and allowing re-use of documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction, dissemination, preservation and rights clearance and – where applicable – anonymisation of personal data, in accordance with Regulation EU 2016/679, and measures taken to protect commercially confidential information , together with a reasonable return on investment. Charges shall be calculated in line with the accounting principles applicable to the public sector bodies involved.