Activities of Kosma ZŁOTOWSKI related to 2020/0340(COD)
Plenary speeches (1)
Data Governance Act (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on European data governance (Data Governance Act)
Amendments (26)
Amendment 254 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
Amendment 256 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 263 #
Proposal for a regulation
Article 5 – paragraph 11
Article 5 – paragraph 11
(11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing thiimplementing powers should be conferred on the Commission as Rregulation byards laying down special conditions applicable for transfers to third-countries. The conditions for the transfer to third- countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non- discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third-countries. The implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 268 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
(2a) Any fees shall be reasonable, proportionate and shall not exceed marginal costs in line with Directive (EU) 2019/1024.
Amendment 280 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
(2a) The single information point may develop additional services regarding data access and data sharing, including information on data re-use requests under Directive (EU) 2019/1024.
Amendment 282 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) within a reasonable time, and in any case within twohree months from the date of the request.
Amendment 299 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
(7) At the request of the provider, the competent authority shall, within onetwo weeks, issue a standardised declaration, confirming that the provider has submitted the notification referred to in paragraph 4.
Amendment 305 #
Proposal for a regulation
Article 11 – paragraph 1 – point 6
Article 11 – paragraph 1 – point 6
(6) the provider shall ensure a reasonable continuity of provision of its services and, in the case of services which ensure storage of data, shall have sufficient guarantees in place that allow data holders and data users to obtain access to their data and transfer of their data in case of insolvency;
Amendment 309 #
Proposal for a regulation
Article 11 – paragraph 1 – point 9
Article 11 – paragraph 1 – point 9
(9) the provider shall have procedures in place to ensure compliance with the Union and national rules on competition and consumer protection;
Amendment 328 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) operate on a not-for-profit basis and be independent from any entity involved in the collection, processing or storage of data that operates on a for-profit basis;
Amendment 329 #
Proposal for a regulation
Article 16 – paragraph 1 – point b a (new)
Article 16 – paragraph 1 – point b a (new)
(ba) provide supervisory mechanisms, such as ethics boards or councils, to ensure that the data controller maintains high standards of scientific ethics;
Amendment 330 #
Proposal for a regulation
Article 16 – paragraph 1 – point b b (new)
Article 16 – paragraph 1 – point b b (new)
(bb) provide effective technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679;
Amendment 331 #
Proposal for a regulation
Article 16 – paragraph 1 – point b c (new)
Article 16 – paragraph 1 – point b c (new)
(bc) provide the means to keep data subjects informed of the use of the data they have made available;
Amendment 333 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) ensures technical and organisational requirements for the application of data protection standards and the exercise of data subjects' rights, including the right to transfer data;
Amendment 347 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) a list of all natural and legal persons that were allowed to use data it holds, including a summarycomprehensive description of the general interest purposes pursued by such data use and the description of the technical means used for it, including a description of the techniques used to preserve privacy and data protection;
Amendment 364 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
(4) The form shall be available in all the official languages of the EU in a manner that can be printed on paper and read by humans as well as in an electronic, machine-readable form.
Amendment 366 #
Proposal for a regulation
Article 23 – paragraph 6 a (new)
Article 23 – paragraph 6 a (new)
(6a) Member States shall regularly report to the Commission and the European Data Innovation Board on the activities that competent authorities carry pursuant to this Regulation. The Commission and the Board shall be informed, in particular, about the financial and human resources allocated to the activities pursuant to this Regulation.
Amendment 368 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
(1) The Commission shall establish a European Data Innovation Board (“the Board”) in the form of an Expert Group, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, relevant data spaces and other representatives of competent authorities in specific sectors. and composed of the following groups:
Amendment 370 #
Proposal for a regulation
Article 26 – paragraph 1 – point a (new)
Article 26 – paragraph 1 – point a (new)
(a) representatives of: (i) competent authorities of all the Member States; (ii) the European Data Protection Board; (iii) the Commission; (iv) European Union Agency for Cybersecurity; (v) relevant data spaces; (vi) other representatives of competent authorities in specific sectors; (b) experts representing relevant private stakeholders and business sectors, representing relevant industries, and persons with data related expertise; (c) experts appointed in a personal capacity, who have proven knowledge and experience in the areas covered by this Regulation.
Amendment 371 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 373 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties including industry and civil society organisations may be invited to attend meetings of the Board and to participate in its work.
Amendment 375 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
(4a) The Board shall carry out its tasks in accordance with the principle of transparency. The Commission shall publish the minutes of the meetings of the Board and other relevant documents on the Commission website.
Amendment 381 #
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(ea) to facilitate cooperation between Member States in relation to the rules on penalties laid down by the Member States pursuant to Article 31 and to issue recommendations as regards the harmonisation of those penalties across the Union.
Amendment 382 #
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(ea) to provide expertise, recommendations and advise to the Commission on the possible need to amend this or other related regulations, such as Directive (EU) 2019/1024;
Amendment 383 #
Proposal for a regulation
Article 27 – paragraph 1 – point e b (new)
Article 27 – paragraph 1 – point e b (new)
(eb) By [PO: insert date 5 years after date of entry into force of this Regulation] the Commission after consultation with the Board shall carry out review of the Board activities, summarising its most important actions, provided added value, issued recommendations and overall contributions to the development of the European Data Market. The conclusions shall be submitted as a report to the European Parliament and the Council.
Amendment 384 #
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
The Board shall develop recommendations to ensure the consistency between the practices of the competent authorities and shall draft opinions on the status of the application of the Regulation in Member States. If inconsistent practices that could lead to fragmentation of the Single Market have been identified, the Board shall draft decisions for the Commission to adopt. Such decisions may require Member States to take all necessary measures to ensure consistency of practices and prevent market fragmentation.