35 Amendments of Daniel BUDA related to 2023/0202(COD)
Amendment 89 #
Proposal for a regulation
Recital 3
Recital 3
(3) Complaints are an essential source of information for detecting infringements of data protection rules. Defining clear and efficient procedures for the handling of complaints in cross-border cases is necessary since the complaint may be dealt with by a supervisory authority other than the one to which the complaint was lodged. To this end, it is recommended that an efficient mechanism for communication between supervisory authorities be created so as to facilitate rapid and secure sharing of information necessary to resolve complaints in accordance with data protection rules.
Amendment 99 #
Proposal for a regulation
Recital 7
Recital 7
(7) The lead supervisory authority should regularly provide the supervisory authority with which the complaint was lodged with the necessaryall information on the progress of the investigation for the purpose of providing updates to the complainant. Defining clear and efficient procedures for the handling of complaints in cross- border cases is also necessary, since the complaint may be dealt with by a supervisory authority other than the one to which the complaint was lodged.
Amendment 101 #
Proposal for a regulation
Recital 13
Recital 13
(13) In the interest of effective inclusive cooperation between all supervisory authorities concerned and the lead supervisory authority, the comments of concerned supervisory authorities should be concise and worded in sufficiently clear and precise terms to be easily understandable to all supervisory authorities. To ensure that they are coherent and easy to understand, the legal arguments should be grouped by reference to the part of the summary of key issues to which they relate. The comments of supervisory authorities concerned may be supplemented by additional documents. However, a mere reference in the comments of a supervisory authority concerned to supplementary documents cannot make up for the absence of the essential arguments in law or in fact which should feature in the comments. The basic legal and factual particulars relied on in such documents should be indicated, at least in summary form, coherently and intelligibly in the comment itself.
Amendment 102 #
Proposal for a regulation
Recital 14
Recital 14
(14) Cases that do not raise contentious issues do not require extensive discussion between supervisory authorities in order to reach a consensus and could, therefore, be dealt with more quickly. When none of the supervisory authorities concerned raise comments on the summary of key issues, the lead supervisory authority should communicateleave the case to the court or tribunal with jurisdiction in the preliminary findings provided for in Article 14 withgion where the matter was referred, trusting the national legislation of the Member State concerned to apply national laws that are in nline monthswith European legislation.
Amendment 103 #
Proposal for a regulation
Recital 16
Recital 16
(16) If the use of those tools does not enable the supervisory authorities to reach a consensus on the scope of a complaint- based investigation, the lead supervisory authority should request an urgent binding decision of the Board under Article 66(3) of Regulation (EU) 2016/679 or of a court with jurisdiction in the region where the complaint was made. For this purpose, the requirement of urgency should be presumed. The lead supervisory authority should draw appropriate conclusions from the urgent binding decision of the Board for the purposes of preliminary findings. The urgent binding decision of the Board cannot pre-empt the outcome of the investigation of the lead supervisory authority or the effectiveness of the rights of the parties under investigation to be heard. In particular, the Board should not extend the scope of the investigation oin its own initiativeorder to ensure a lawful and transparent analysis process for the complainant.
Amendment 108 #
Proposal for a regulation
Recital 26
Recital 26
(26) The complainants should be given the possibility to submit in writing views on the preliminary findings. However, they should not have access to business secrets or other confidential information belonging to other parties involved in the proceedings. Complainants should not be entitled to have generalised access to the administrative file. This restriction is necessary to prevent accidental disclosure of confidential information and to protect the integrity of the decision-making process.
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 2 – point 1
Article 2 – paragraph 2 – point 1
(1) within the meaning of this Regulation, ‘parties under investigation’ meanincludes the controller(s) and/or processor(s) investigated for alleged infringement of Regulation (EU) 2016/679 related to cross- border processing. However, this definition is not exhaustive and may also include other parties who are being investigated, such as a representative;
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The supervisory authority with which the complaint was lodged shall determine the completeness of the information required by the Form within one monththree months, in accordance with the principle of procedural autonomy of Member States.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Where the complainant claims confidentiality when submitting a complaint, the complainant shall also submitprovide a non-confidential version of the complaint alongside the confidential version.
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
Amendment 127 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
A complaint may be resolved by amicable settlement between the complainant and the parties under investigation. Where the supervisory authority considers that an amicable settlement to the complaint has been found, it shall communicate the proposed settlement to the complainant. If the complainant does not object to the amicable settlement proposed by the supervisory authority within one month after the proposed settlement is communicated, the complaint shall be deemed withdrawn.
Amendment 133 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) translation of complaints and the views of complainants into thea language used by the leadof international communication, preferably English, or into the working language agreed on between the supervisory authorityies concerned, for the purposes of the investigation;
Amendment 134 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) translation of documents provided by the lead supervisory authority into thea language used for communication with the complainantof international communication, preferably English, or into the working language agreed on between the supervisory authorities concerned, where it is necessary to provide such documents to the complainant pursuant to this Regulation or Regulation (EU) 2016/679.
Amendment 136 #
Proposal for a regulation
Article 8 – paragraph 2 – point i
Article 8 – paragraph 2 – point i
(i) the views of the complainant on the preliminary findings, in cases where national legislation makes provision for this measure;
Amendment 137 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The summary of key issues shall include all of the following elements:the main relevant facts and a preliminary identification of the scope of the investigation, in particular the provisions of Regulation (EU) 2016/679 concerned by the alleged infringement which will be investigated.
Amendment 138 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 140 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 141 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 142 #
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
Amendment 144 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The supervisory authorities concerned may provide comments on the summary of key issues. Such comments must be provided within four weeks of receipt of the summary of key issues, in accordance with Article 60 of Regulation (EU) 2016/679.
Amendment 145 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 148 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 153 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The supervisory authority with which the complaint was lodged shall inform the complainant of the reasons for the intended full or partial rejection of the complaint and set a time-limit of at least three weeks, but not more than six weeks, within which the complainant may make known her or his views in writing. The time-limit shall be no less than three weeks. The supervisory authority with which the complaint was lodged shall inform the complainant of the consequences of the failure to make her or his views known.
Amendment 154 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The complainant may request access to the non-confidential version of the documents on which the proposed rejection of the complaint is based. In this context, the following are defined:
Amendment 155 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. ‘Confidential version of documents’ means documents containing confidential or sensitive information which may be legally privileged under the applicable laws and data protection rules.
Amendment 156 #
Proposal for a regulation
Article 11 – paragraph 4 b (new)
Article 11 – paragraph 4 b (new)
4b. ‘Non-confidential version of documents’ means a version of documents from which confidential or sensitive information has been redacted and which can be provided to the complainant without contravening laws or data protection rules.
Amendment 157 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. If the complainant makes known her or his views within the time-limit set by the supervisory authority with which the complaint was lodged and the views do not lead to a change in the preliminary view that the complaint should be fully or partially rejected under Article 60(8) or Article 60(9) of Regulation (EU) 2016/679, as applicable, the supervisory authority with which the complaint was lodged shall prepare the draft decision under Article 60(3) of Regulation (EU) 2016/679 which shall be submitted to the other supervisory authorities concerned by the lead supervisory authority pursuant to Article 60(3) of Regulation (EU) 2016/679.
Amendment 158 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The supervisory authority with which the complaint was lodged shall set a maximum time-limit within which the complainant may make known her or his views and which cannot exceed 30 days from receipt of details of the grounds for the intended full or partial rejection of the complaint.
Amendment 159 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 160 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 163 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 164 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 165 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where the lead supervisory authority issues preliminary findings relating to a matter in respect of which it has received a complaint, the supervisory authority with which the complaint was lodged shall provide the complainant with a non-confidential version of the preliminary findings and set a time-limit within which the complainant may make known its views in writing. The non- confidential version must be made available to the complainant within 30 days following receipt of the preliminary findings.
Amendment 167 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The complainant shall be provided with the non-confidential version of the preliminary findings only for the purpose of the concrete investigation in which the preliminary findings were issuedinvestigation concerning her or his specific complaint in which the preliminary findings were issued. The non- confidential version shall be provided in order to facilitate the complainant’s participation in the investigation procedure and to enable her or him to put forward her or his views and arguments adequately within that investigation.
Amendment 169 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Before receiving the non- confidential version of preliminary findings and any documents provided pursuant to paragraph 3, the complainant shall send to the lead supervisory authority a confidentiality declaration, where the complainant commits himself or herself not to disclose any information or assessment made in the non-confidential version of preliminary findings or to use those findings for purposes other than the concrete investigation in which those findings were issued. Breaches of this undertaking may incur legal consequences or penalties under the applicable legislation.