[ParlTrack]

Proposal for a regulation
Recital 4

(4) Action at Union level is necessary in order to help address the barriers to a well- functioning data-driven economy and to create a Union-wide governance framework for data access and use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. This action is without prejudice to obligations and commitments in trade agreements concluded by the EU.

2021/04/28
Committee: ITRE

Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI

Proposal for a regulation
Recital 19

(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non- personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, 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 who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.deleted

2021/04/28
Committee: ITRE

Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI, Jessica STEGRUD

Proposal for a regulation
Recital 43

(43) In order to take account of the specific nature of certain categories of data, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down special conditions applicable for transfers to third-countries of certain non-personal data categories deemed to be highly sensitive in specific Union acts adopted though a legislative procedure. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

2021/04/28
Committee: ITRE

Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non- personal data without seeking a ~~reward~~profit, for purposes of general interest, such as scientific research purposes or improving public services;

2021/04/28
Committee: ITRE

Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 5 – paragraph 4 – point a

(a) to access and re-use the data within a remote secure processing environment provided and controlled by the public sector ;

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 5 – paragraph 6

(6) Where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under Regulation (EU) 2016/679, the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use, where it is feasible without disproportionate cost for the public sector. In that task they may be assisted by the competent bodies referred to in Article 7 (1).deleted

2021/04/28
Committee: ITRE

Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI, Jessica STEGRUD

Proposal for a regulation
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 this Regulation by 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.deleted

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
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 empow~~implementing powers should be conferred ~~to adopt delegated acts in accordance with Article 28 supplementing this Regulation by~~on the Commission as regards the laying down special conditions applicable for transfers to third-countries, based on the recommendations from the European Data Innovation Board. 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) [No182/2011 of the European Parliament and of the Council.

2021/04/28
Committee: ITRE

Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI, Jessica STEGRUD

Proposal for a regulation
Article 6 – paragraph 2

(2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall not restrict competition. They shall be limited to the necessary costs incurred for the reproduction, provision and dissemination of data, costs for anonymisation of personal data, costs for the maintenance of the secure processing environment, as well as any costs in relation to supporting re-users in seeking consent of data subjects.

2021/04/28
Committee: ITRE

Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 10 – paragraph 6 – point h

(h) optionally, an indicative list of the Member States where the provider intends to provide services.

2021/04/28
Committee: ITRE

Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 10 – paragraph 8

~~(8) The competent authority shall forward each notification to the national competent authorities of the Member States by electronic means, without delay.~~deleted

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 10 – paragraph 8

~~(8) The competent authority shall forward each notification to the national competent authorities of the Member States by electronic means, without delay.~~deleted

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 10 – paragraph 9

(9) The competent authority shall ~~notify the Commission of each new notification~~enter each new notification in the Commission’s register. The Commission shall keep a commonly available register of providers of data sharing services.

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)

(c a) be able to process the data within the secure processing environment operated by the entity;

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 16 – paragraph 1 – point c b (new)

(c b) have effective oversight mechanism to ensure high standards of scientific ethics;

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 16 – paragraph 1 – point c c (new)

(c c) have effective technical means to withdraw or modify context at any moment as well as means for data subjects to stay informed about th use of data they made available;

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 26

(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. (2) Stakeholders and relevant third parties may be invited to attend meetings of the Board and to participate in its work. (3) The Commission shall chair the meetings of the Board. (4) The Board shall be assisted by a secretariat provided by the Commission.Article 26 deleted European Data Innovation Board

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)

(e a) 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.

2021/04/28
Committee: ITRE

Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI, Jessica STEGRUD

Proposal for a regulation
Article 28

(1) The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. (2) The power to adopt delegated acts referred to in Article 5 (11) shall be conferred on the Commission for an indeterminate period of time from […]. (3) The delegation of power referred to in Article 5 (11) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. (4) Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. (5) As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. (6) A delegated act adopted pursuant to Article 5 (11) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.Article 28 deleted Exercise of the Delegation

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 29 – paragraph 2

(2) Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply.

2021/04/28
Committee: ITRE

Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI

Proposal for a regulation
Article 31 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The penalties system shall be based on the recommendations from the European Data Innovation Board. Member States shall notify the Commission of those rules and measures by [date of application of the Regulation] and shall notify the Commission without delay of any subsequent amendment affecting them.

2021/04/28
Committee: ITRE

21 Amendments of Zdzisław KRASNODĘBSKI related to 2020/0340(COD)

ParlTrack - 2011-2024