18 Amendments of Alessandra BASSO related to 2020/0340(COD)
Amendment 162 #
Proposal for a regulation
Recital 3
Recital 3
(3) It is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges. Sector- specific legislation can develop, adapt and propose new and complementary elements, depending on the specificities of the sector, such as the envisaged legislation on the European health data space25 and on access to vehicle data. Moreover, certain sectors of the economy are already regulated by sector-specific Union law that include rules relating to cross-border or Union wide sharing or access to data26 . This Regulation is therefore without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council27, and in particular the implementation of this Regulation shall not prevent cross border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place, Directive (EU) 2016/680 of the European Parliament and of the Council28, Directive (EU) 2016/943 of the European Parliament and of the Council29, Regulation (EU) 2018/1807 of the European Parliament and of the Council30, Regulation (EC) No 223/2009 of the European Parliament and of the Council31, Directive 2000/31/EC of the European Parliament and of the Council32, Directive 2001/29/EC of the European Parliament and of the Council33, Directive (EU) 2019/790 of the European Parliament and of the Council34, Directive 2004/48/EC of the European Parliament and of the Council35, Directive (EU) 2019/1024 of the European Parliament and of the Council36, as well as Regulation 2018/858/EU of the European Parliament and of the Council37, Directive 2010/40/EU of the European Parliament and of the Council38 and Delegated Regulations adopted on its basis, and any other sector-specific Union legislation that organises the access to and re-use of data. This Regulation should be without prejudice to the access and use of data for the purpose of international cooperation in the context of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. A horizontal regime for the re-use of certain categories of protected data held by public sector bodies, the provision of data sharing services and of services based on data altruism in the Union should be established. Specific characteristics of different sectors may require the design of sectoral data-based systems, while building on the requirements of this Regulation. Where a sector-specific Union legal act requires public sector bodies, providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical, administrative or organisational requirements, including through an authorisation or certification regime, those provisions of that sector-specific Union legal act should also apply. __________________ 25 See: Annexes to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Commission Work Programme 2021 (COM(2020) 690 final). 26For example, Directive 2011/24/EU in the context of the European Health Data Space, and relevant transport legislation such as Directive 2010/40/EU, Regulation 2019/1239 and Regulation (EU) 2020/1056, in the context of the European Mobility Data Space. 27Regulation (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) 28 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. (OJ L 119, 4.5.2016, p.89) 29Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. (OJ L 157, 15.6.2016, p.1) 30 Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union. (OJ L 303, 28.11.2018, p. 59) 31Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities. (OJ L 87, 31.03.2009, p. 164) 32Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000, on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). (OJ L 178, 17.07.2000, p. 1) 33Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. (OJ L 167, 22.6.2001, p. 10) 34 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. (OJ L 130, 17.5.2019, p. 92) 35Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. (OJ L 157, 30.4.2004). 36Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information. (OJ L 172, 26.6.2019, p. 56). 37 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018). 38 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport. (OJ L 207, 6.8.2010, p. 1)
Amendment 170 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) It highlights the importance of processing the personal data of EU citizens in the European Union if at all possible.
Amendment 171 #
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) The development of a European industrial and technological base calls for the introduction of a European preference for local or European production in public procurement of digital data in the European Union.
Amendment 172 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Some personal data, such as health or children’s data, are by their very nature unique. The anonymisation of such data should be guaranteed and storage or analysis thereof outside the European Union should not be authorised.
Amendment 189 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) A third country which has not penalised a significant security lapse on the part of a firm processing personal or protected data of European origin will be deemed not to offer appropriate safeguards.
Amendment 190 #
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) Third countries engaging in economic espionage against EU companies cannot be deemed to offer appropriate safeguards regarding the processing by their companies of protected data of European origin.
Amendment 191 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) To ensure the proper enforcement of such obligations, the re-user located in a third country or another Member State should also authorise any inspection deemed necessary by the public-sector body which authorised re-use.
Amendment 192 #
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) A Member State should be able to require cloud providers and digital undertakings operating in the European Union, whether located in the European Union or in a third country, to grant access to any relevant personal data linked to terrorism, even if they are stored in a third country.
Amendment 271 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
(5) Fees shall be derived from the costs related to the production of the data, to the processing of requests for re- use of the categories of data referred to in Article 3 (1) and a percentage of the profits generated through the commercial re-use of the data. The methodology for calculating fees shall be published in advance.
Amendment 272 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
(5a) The Member State may use the cost of producing the data to establish a fair fee to offset the initial or recurrent public investment. The European Union shall use the fees to cover the sums it has invested to produce these data.
Amendment 273 #
Proposal for a regulation
Article 6 – paragraph 5 b (new)
Article 6 – paragraph 5 b (new)
(5b) In making the calculation, the Member State may take account of the way the data are used and the company’s tax contribution in order to reduce the fee.
Amendment 296 #
Proposal for a regulation
Article 10 – paragraph 6 – point h a (new)
Article 10 – paragraph 6 – point h a (new)
(ha) the place of data processing and the number of jobs to be created in the European Union;
Amendment 297 #
Proposal for a regulation
Article 10 – paragraph 6 – point h b (new)
Article 10 – paragraph 6 – point h b (new)
(hb) the turnover and taxes paid in the Member State in the previous year, except in the case of an SME.
Amendment 318 #
Proposal for a regulation
Article 13 – paragraph 4 – point a a (new)
Article 13 – paragraph 4 – point a a (new)
(aa) impose a state compensation obligation on the entity re-using the data in the event of a breach of data anonymity.
Amendment 319 #
Proposal for a regulation
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) exclude the provider from access to new public data in that Member State for a specified period of time.
Amendment 380 #
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(ea) report annually the percentage of data shared in accordance with this Regulation which are processed inside and outside the European Union; report on job creation in the data-processing sector by Member State.
Amendment 387 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 388 #
Proposal for a regulation
Article 30 – paragraph 3 – point a
Article 30 – paragraph 3 – point a
(a) where the third-country system requires the reasons and proportionality of the decision to be set out, and it requires the court order or the decision, as the case may be, to be specific in character, for instance by establishing a sufficient link to certain suspected persons, or and their criminal infringements;