Activities of Klaus-Heiner LEHNE related to 2012/0011(COD)
Legal basis opinions (0)
Amendments (13)
Amendment 88 #
Proposal for a regulation
Recital 58
Recital 58
(58) Every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing. However, such measure and which produces legal effects concerning that natural person or significantly affects that natural person. Actual effects should be comparable in their intensity to legal effects to fall under this provision. This is not the case for measures relating to commercial communication, like for example in the field of customer relationship management or customer acquisition. However, a measure based on profiling by automated data processing which produces legal effects concerning a natural person or significantly affects a natural person should be allowed when expressly authorised by law, carried out in the course of entering or performance of a contract, or when the data subject has given his consent. In any case, such processing should be subject to suitable safeguards, including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child.
Amendment 108 #
Proposal for a regulation
Article 4 – point 2 a (new)
Article 4 – point 2 a (new)
Amendment 144 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (ef) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
Amendment 173 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);
Amendment 178 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority;
Amendment 180 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate, except where the data originate from a publicly available source or where the transfer is provided by law or the processing is used for purposes relating to the professional activities of the person concerned.
Amendment 183 #
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) where the personal data are not collected from the data subject, at the time of the recording or within a reasonable period after the collection, having regard to the specific circumstances in which the data are collected or otherwise processed, or, if a disclosure to another recipient is envisaged, and at the latest when the data are first disclosed, or, if the data shall be used for communication with the person concerned, at the latest at the time of the first communication to that person.
Amendment 202 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 214 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The data subject shall have the right to object, on in the cases of points (d), (e) and (f) of Article 6(1) on predominant and protection-worthy grounds relating to their particular situation, at any time to the processing of their personal data which is based on points (d), (e) and (f) of Article 6(1), unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of. In the case of a justified objection the processing by the controller may no longer refer to theis data subject.
Amendment 227 #
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguardslawful pursuant to Article 6(1) (a) to (f) of this regulation.
Amendment 396 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 435 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. Member States shall provide for exemptions or derogations from the provisions on the gChapter II (General principles in), Chapter II, the rI (Rights of the data subject in), Chapter III, on cV (Controller and processor in), Chapter IV, on the tV (Transfer of personal data to third countries and international organisations in), Chapter V, the iI (Independent supervisory authorities in), Chapter VI and on cI (Co-operation and consistency in) as well as Articles 73, 74, 76 and 79 of Chapter VIII for(Remedies, liability and sanctions) shall not apply to the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression.
Amendment 437 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2