21 Amendments of Evelyne GEBHARDT related to 2020/0340(COD)
Amendment 175 #
Proposal for a regulation
Recital 9
Recital 9
(9) Public sector bodies should comply with competition law when establishing the principles for re-use of data they hold, avoiding as far as possible the conclusion of agreements, which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. Such agreement should be only possible when justified and necessary for the provision of a service of general interest. This may be the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question, for example where there is only one entity (which has specialised in the processing of a specific dataset) capable of delivering the service or the product which allows the public sector body to provide an advanced digital service in the general interest. Such arrangements should, however, be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. In addition, such arrangements should comply with the relevant State aid rules, as appropriate, and should be concluded for a limited period, which should not exceed three years. In order to ensure transparency, such exclusive agreements should be published online, regardless of a possible publication of an award of a public procurement contract.
Amendment 181 #
Proposal for a regulation
Recital 12
Recital 12
(12) The intellectual property rights of third parties should not be affectbe ensured by this Regulation. This Regulation should neither affect the existence or ownership of intellectual property rights of public sector bodies, nor should it limit the exercise of these rights in any way beyond the boundaries set by this Regulation. The obligations imposed in accordance with this Regulation should apply only insofar as they are compatible with international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the WIPO Copyright Treaty (WCT). Public sector bodies should, however, exercise their copyright in a way that facilitates re-use.
Amendment 204 #
Proposal for a regulation
Recital 33
Recital 33
(33) The competent authorities designated to monitor compliance of data sharing services with the requirements in this Regulation should be chosen on the basis of their proved capacity and expertise regarding horizontal or sectoral data sharing, and they should be independent as well as transparent and impartial in the exercise of their tasks. Member States should notify the Commission of the identity of the designated competent authorities.
Amendment 207 #
Proposal for a regulation
Recital 36
Recital 36
(36) Legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements, should be able to register as ‘Data Altruism Organisations recognised in the Union’. This could lead to the establishment of data repositories. As registration in a Member State would be valid across the Union, and this should facilitate cross-border data use within the Union and the emergence of data pools covering several Member States. Data subjects in this respect would consent to specific purposes of data processing, but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. The voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. Such trust should result in particular from a place of establishment within the Union, as well as from the requirement that registered entities have a not-for-profit character, from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. Further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity, oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics, effective technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679 as well as means for data subjects to stay informed about the use of data they made available. Legal entities should ensure that misleading marketing practices are not used to solicit donations of data.
Amendment 211 #
Proposal for a regulation
Recital 39
Recital 39
(39) To bring additional legal certainty to granting and withdrawing of consent, in particular in the context of scientific research and statistical use of data made available on an altruistic basis, a European data altruism consent form should be developed and used in the context of altruistic data sharing. Such a form should contribute to additional transparency for data subjects that their data will be accessed and used in accordance with their consent and also in full compliance with the data protection rules. It could also be used to streamline data altruism performed by companies and provide a mechanism allowing such companies to withdraw their permission to use the data at any moment in time. Persons who decide to withdraw their consent shall be ensured that the data for which they gave their consent is no longer used and that they have been removed from the projects for which they were used. In order to take into account the specificities of individual sectors, including from a data protection perspective, there should be a possibility for sectoral adjustments of the European data altruism consent form.
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2a) The re-use of employees’ personal data shall be prohibited. To this end, it must be ensured that public service data do not contain employees’ personal data, such as data about their mobility.
Amendment 227 #
Proposal for a regulation
Article 3 – paragraph 2 – point e a (new)
Article 3 – paragraph 2 – point e a (new)
(ea) data processed in the context of employment;
Amendment 238 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
(5) The period of exclusivity of the right to re-use data shall not exceed threewo years. Where a contract is concluded, the duration of the contract awarded shall be as aligned with the period of exclusivity.
Amendment 239 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
(7) Agreements or other practices falling within the scope of the prohibition in paragraph 1, which do not meet the conditions set out in paragraph 2, and which were concluded before the date of entry into force of this Regulation shall be terminated at the end of the contract and in any event at the latest within threewo years after the date of entry into force of this Regulation.
Amendment 243 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Conditions for re-use shall be lawful, clearly indicated, non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be used to restrict competition.
Amendment 277 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
(4) The competent body or bodies shall have adequate human resources as well as legal and technical capacities and expertise to be able to comply with relevant Union or national law concerning the access regimes for the categories of data referred to in Article 3 (1), so that data protection, privacy and confidentiality are fully respected. The competences and resources of the competent body or bodies shall prohibit unjustified outsourcing.
Amendment 311 #
Proposal for a regulation
Article 11 – paragraph 1 – point 10
Article 11 – paragraph 1 – point 10
(10) the provider offering services to data subjects shall act in the data subjects’ best interest when facilitating the exercise of their rights, in particular by advising data subjects onand ensure they understand potential data uses and standard terms and conditions attached to such uses;
Amendment 321 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
(1) Each competent authority designated pursuant to Article 20 shall keep a register of recognised data altruism organisations. That register shall be accessible to the public.
Amendment 324 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
(2) The Commission shall maintain a Union register of recognised data altruism organisations. The Union register shall be accessible to the public.
Amendment 335 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) demonstrate professional expertise in processing data activities in compliance with relevant Union and national legislation;
Amendment 345 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
(1) Any entity entered in the national register of recognised data altruism organisations shall keep full, comprehensible and accurate records concerning:
Amendment 346 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) all natural or legal persons that were given the possibility to process data held by that entity; and their contact details;
Amendment 349 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
(1) Any entity entered in the register of recognised data altruism organisations shall inform data holders prior any processing of their data:
Amendment 351 #
Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) about the rights that the data subject can apply with regard to the processing of its personal data;
Amendment 352 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) about any processing outside the Union. and the associated risks and the location outside the Union where the processing will take place;
Amendment 356 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
(2a) The entity shall ensure that the data is not used for advertising purposes.