13 Amendments of Catherine CHABAUD related to 2020/0340(COD)
Amendment 149 #
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, pThe conditions for re-use should be designed in a manner promoting scientific research, e.g. privileging research should be considered non-discriminatory. Public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effortburden for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-userAlternatively, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re- user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re- user may have acquired despite the safeguards put in placeis also applies to pseudonymised data which remain personal data in the sense of Regulation (EU)2016/679. In the event of reidentification of data subjects, the obligation to report such a data breach to the public sector body should apply in addition to the obligation to report such a data breach to a supervisory authority and to the data subject in accordance with Regulation (EU) 2016/679. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body shcould support potential re- users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly. When transmitting the request to consent, the public sector body should ensure that the data subject is clearly informed of the possibility to refuse such a request.
Amendment 296 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘data sharing service provider’ means a provider of a commercial service, which, through the provision of technical, legal and other services establishes relationships between an undefined number of data subjects and data holders, on the one hand and data users on the other hand, for the exchange, pooling or trade of data;
Amendment 315 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘data shariexchange’ means the provisionand encompasses all the activities performed by athe data holder of, the data to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary; user and the data sharing service provider, for the purpose of exchanging data, under open data or commercial licenses, for free or against remuneration.
Amendment 400 #
Proposal for a regulation
Article 5 – paragraph 9 – point a a (new)
Article 5 – paragraph 9 – point a a (new)
(a a) ensure that a natural or legal person located in a third country seeking the right to re-use has a legal representative in one of the Member States;
Amendment 401 #
Proposal for a regulation
Article 5 – paragraph 9 – subparagraph 1
Article 5 – paragraph 9 – subparagraph 1
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2) and will permit transfers to the concerned third country.
Amendment 550 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
This Chapter shall not apply to not-for- profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.:
Amendment 553 #
Proposal for a regulation
Article 14 – paragraph 1 – point a (new)
Article 14 – paragraph 1 – point a (new)
(a) public sector bodies that offer data sharing facilities on a non-commercial basis;
Amendment 554 #
Proposal for a regulation
Article 14 – paragraph 1 – point b (new)
Article 14 – paragraph 1 – point b (new)
(b) not-for-profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.
Amendment 565 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) An entity registered in the register in accordance with Article 16 may refer to itself as a ‘data altruism organisation recognised in the Union’ in its written and spoken communication. The entity shall use a EU dedicated logo and link to the European register of recognised data altruism organisations. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act in accordance with the procedure referred to in Article 29.
Amendment 720 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
(1) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of recognised data altruism organisations, as the case may be, shall take all reasonable technical, legal and organisational measures in order to prevent transfer or access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the law of the relevant Member State, unless the transfer or access are in line withwithout prejudice to paragraph 2 or 3.
Amendment 723 #
Proposal for a regulation
Article 30 – paragraph 3 – introductory part
Article 30 – paragraph 3 – introductory part
(3) WIn the absence of such an international agreement, where a public sector body, a natural or legal person to which the right to re-use data was granted under Chapter 2, a data sharing provider or entity entered in the register of recognised data altruism organisations is the addressee of a decision of a court or of an administrative authority of a third country to transfer from or give access to non- personal data held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the law of the relevant Member State, transfer to or access to such data by that third-country authority shall take place only:
Amendment 725 #
The addressee of the decision shallmay ask the opinion of the relevant competent bodies or authorities, pursuant to this Regulation, in order to determine if these conditions are met. The relevant competent bodies shall exchange information on international access requests in the framework of the European Data Innovation Board.
Amendment 729 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
(5) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider and the entity providing data altruism shall inform the data subject or the data holder about the existence of a request of an administrative authority in a third-country to access its data before complying to the request, except in cases where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity.