Activities of Jasenko SELIMOVIC related to 2018/0336(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament PDF (597 KB) DOC (88 KB)
Amendments (5)
Amendment 2 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) When the Authority imposes a sanction on the European political party or foundation pursuant to the verification procedure, it shall take due account of the ne bis in idem principle, to avoid that the same infringement is sanctioned twice, on the national level following the decision of the supervisory authority, and on the European level following the verification procedure.
Amendment 6 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 1141/2014
Article 10a – paragraph 1
Article 10a – paragraph 1
If the Authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council17 adopted pursuant to Article 58(2) of Regulation (EU) 2016/679 or of a decision of the European Data Protection Supervisor established in accordance with Article 52 of Regulation (EU) [2018/xxxx (45/2001)] of the European Parliament and of the Council adopted pursuant to [Article 58(2)] of Regulation [2018/xxxx(45/2001)] finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision, or where there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons established by Article 11. The committee shall give an opinion as to whether the European political party or the European political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of that infringement. The Authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority. The committee shall deliver its opinion within a short, reasonable deadline set by the Authority. _________________ 17 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), (OJ L 119, 4.5. 2016, p. 1).
Amendment 10 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU, Euratom) No. 1141/2014
Article 11 – paragraph 3 – subparagraph 1 – second sentence
Article 11 – paragraph 3 – subparagraph 1 – second sentence
When requested by the Authority, the committee shall give an opinion on whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on the protection of personal data. In both cases the committee may request any relevant document and evidence from the Authority, the European Parliament, the European political party or European political foundation concerned, other political parties, political foundations or other stakeholders, and it may request to hear their representatives. In the case of opinions on whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on the protection of personal data, the supervisory authorities referred to in the Article 10(a) shall cooperate with the committee in accordance with applicable law and in compliance with the duty of professional secrecy as laid down in Article54(2) of Regulation (EU) 2016/679 and in [Article 56] of Regulation [2018/xxxx (45/2001)].
Amendment 13 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU, Euratom) No 1141/2014
Article 27 – paragraph 2 – point a – point vii
Article 27 – paragraph 2 – point a – point vii
(vii) where, in accordance with Article 10a, the committee issues an opinion finding that a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on the protection of personal data. In this case, due account shall be taken of the ne bis in idem principle;
Amendment 14 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a a (new)
Article 1 – paragraph 1 – point 6 – point a a (new)
Regulation (EU, Euratom) No 1141/2014
Article 27 – paragraph 2 – point b a (new)
Article 27 – paragraph 2 – point b a (new)
(aa) in paragraph 2 the following point is added: “(ba) in the situation referred to in point (a) (vii) of Article 27, where the natural person has been found also to be responsible for the facts and conduct in question pursuant to the procedure established in Article 10a.”