9 Amendments of Ole CHRISTENSEN related to 2012/2011(COD)
Amendment 23 #
Proposal for a regulation
Recital 124
Recital 124
(124) The general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context. Therefore, in orderMember States should be able to regulate the processing of employees‘' personal data in the employment context, Member States should be able, within the limits of this Regulation, to adopt by law specific rules for by law or by collective agreement in accordance with national practices of regulating personal data in the employment context between employer- and workers' representatives. Such collective agreements can also regulate the processing of personal data and be the primary legal instrument for the parties to the agreement. The Regulation should not impose restrictions on collective agreements. Where a statutory basis exists in the Member State in question for the regulation of employment matters by agreement between employee representatives and the management of the undertaking or the controlling undertaking of a group of undertakings (collective agreement) or under Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees it should also be possible to regulate the processing of personal data in thean employment sector. context by such an agreement.
Amendment 35 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller. This should not affect the right of the employer to process data on the basis of consent by the employee nor the right of public authorities to process data on the basis of consent by the citizen.
Amendment 43 #
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6 a. While complying with the data requirements of this Regulation, especially privacy by design, the provisions in paragraph 4 and 6 of this Article do not change the right of public authorities to store data for documentary evidence of a given case history.
Amendment 48 #
Proposal for a regulation
Article 28 – paragraph 4 – point a a (new)
Article 28 – paragraph 4 – point a a (new)
a a. public authority when dealing with data other than personal sensitive data in accordance with Article 9, paragraph 1.
Amendment 58 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor, after obtaining the consent of the workplace representation, shall designate a data protection officer in any case where:
Amendment 66 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 (new)
Article 35 – paragraph 2 – subparagraph 1 (new)
If the undertakings in this group are located in more than one Member State, a data protection officer shall be appointed in each of these Member States where the conditions set out in paragraph 1 are met.
Amendment 67 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The controller or processor, after obtaining the consent of the workplace representation, shall designate the data protection officer on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in Article 37. The necessary level of expert knowledge shall be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller or the processor. The data protection officer shall be given the opportunity to follow regular further training in the context of their duties, whereby the costs of such training shall be borne by the controller and/or processor.
Amendment 84 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States may adopt by lawegal provisions specific rules regulating the processing of employees‘' personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. The level of protection afforded by this Regulation may not be undercut, especially where arrangements are made by agreement between employee representatives and the management of the undertaking or of the controlling undertaking of a group of undertakings. The right of Member States - or the social partners via collective agreements - to provide employees with more favourable protection provisions in respect of the processing of personal data in the employment context shall remain unaffected.
Amendment 100 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1 a. The open optical-electronic and open acoustic-electronic monitoring of parts of an undertaking which are not accessible to the public and are used primarily by employees for private activities, especially in bathrooms, changing rooms, rest areas, and bedrooms, shall be prohibited. Clandestine surveillance shall be inadmissible under all circumstances. Any surveillance in areas that are open to the public shall be communicated by means of a visible sign.