36 Amendments of Stavros LAMBRINIDIS related to 2011/2025(INI)
Amendment 4 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Council of Europe Convention 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data,
Amendment 11 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas violations of data protection provisions can lead to serious risks for the fundamental rights of individuals and for the values of the Member States,
Amendment 12 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas data protection legislation in the EU, the Member States, and beyond has developed a legal tradition that has to be maintained and further elaborated,
Amendment 19 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU and the Member States are obliged to take effective measures against all violations of personal rights and are obliged to protect individual privacy and informational self- determination,
Amendment 26 #
Motion for a resolution
Recital C
Recital C
C. whereas it is of utmost importance that a series of key elements be taken into account when legislative solutions are considered, namely effective protection, given under all circumstances and independent of political preferences within a certain timeframe; whereas the framework must be stable over a long period, and limitations on the exercise of the right, where and if needed, must be exceptional, proportionate duly justified and never affect the essential elements of the right itself9 ,
Amendment 33 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the fundamental right to data protection includes the protection of persons from possible surveillance and abuse of their data by the state itself, as well as by private entities,
Amendment 43 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas not all data controllers are online businesses and thus new data protection rules must cover both the online and the offline environment while taking possible differences between them into account,
Amendment 46 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas continuous violations of data protection lead to a lack of trust by citizens that will weaken the expedient use of the new technologies,
Amendment 50 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the opportunity to substantiate and adapt the European data protection law to the legal conditions that emerge after the entry into force of the Lisbon Treaty and the Charter of Fundamental Rights,
Amendment 54 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the importance of Article 9 of Directive 95/46/EC which obliges Member States to provide for exemptions from data protection rules when personal data are used solely for journalistic purposes or the purpose of artistic or literary expression and in this context underlines the importance of the right to freedom of expression;
Amendment 55 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that the technologically neutral approach of Directive 95/46/EC should be maintained as a principle of a new framework;
Amendment 59 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it imperative to extend the application of general data protection rules to the areas of police and judicial cooperation, including in the context of data processing at domestic level, while also allowing, as and where necessary, for restricttaking especially into account the trend to re-use on a systematic basis personal data of the private sector for law enforcement purposes, while also allowing, in exceptional and necessary circumstances, for narrowly-tailored and harmonised limitations on certain data protection rights of the individual; ;
Amendment 67 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recognises that enhanced additional measures might be needed for specific sectors, as has already been the case for the e-Privacy Directive - but insists that sector-specific rules should in no circumstances lower the level of protection ensured by framework legislation, strictly defining exceptional, necessary, legitimate and narrowly- tailored derogations to general data protection principles,
Amendment 68 #
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls on the Commission explicitly to ensure that the current revision of EU data protection law will allowegislation will provide for:
Amendment 71 #
Motion for a resolution
Paragraph 4 – indent 1
Paragraph 4 – indent 1
– fullrther harmonisation and legal certainty, providing a uniform and high level of protection of individuals’ fundamental rights in all circumstances,
Amendment 73 #
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
– further clarification of the rules on applicable law with a view to delivering the same degree of protection for individuals irrespective of the geographical location of the data controller, including when it comes to enforcement of data protection by authorities or in court;
Amendment 74 #
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
– further clarification of the rules on applicable law with a view tof delivering the samea uniform degree of protection for individuals irrespective of the geographical location of the data controller;
Amendment 80 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the revised data protection regime should keep bureaucratic and financial burdens to a minimum, while fully enforcing the rights to privacy and data protection;
Amendment 84 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to draft a new legislation along the following principles and elements, while emphasising that thesereinforce existing principles and elements are alreadys set out in Directive 95/46/EC, but have not been realised and implemented fully in the Member States or found full application inimproving their implementation in Member States , particularly as regards the ‘online- environment’:, amongst which the principles of transparency, the principles of data minimisation and purpose limitation, and the provisions on consent;necessity, legitimacy and proportionality of data processing, informed, prior and explicit consent, data breach notification and the data subjects’ right of access to data which has been collected concerning them, as well as the right to have them rectified or deleted
Amendment 92 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines, furthermore, the importance of improving means of exercising the rights of access, rectification, erasure and blocking of data, and of clarifying the ‘right to be forgotten’; while ensuring that full technical and organizational feasibility is developed and in place to allow for the exercise of those rights
Amendment 96 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that citizens must be able to exercise their data rights free of charge and without postal or other costs; calls on companies to refrain from any attempts to add unneeded barriers to the right to view, amend or delete personal data;
Amendment 98 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that the right to access includes not only full access to the data processed about oneself including its source and recipients, but also intelligible information about the logic involved in any automatic processing; emphasises that the latter will become even more important with profiling and data-mining;
Amendment 99 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines that the data subject must be put in the position to know at any time which data have been stored by whom, when, for which purpose, for which time period, and how it is being processed; he or she has to be able to obtain its deletion, correction and blocking in an unbureaucratic way and without costs; he or she has to be informed about any misuse and any data breach;
Amendment 104 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission cReiterates the need to enhance obligations of data controllers as to the information of data subjects and welcomes the attention given by the Communication’s focus on to awareness- raising campaigns aimed bothdirected at the general public and also, more specifically, at young people;
Amendment 107 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the need for data protection legislation to acknowledge the special need to protect children and minors and underlines that media literacy has to become an element of formal education in order to instruct children and minors on how to act responsibly in the online environment;
Amendment 111 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports further clarification with regard toand reinforcement of guarantees for the processing of sensitive data, along with discussnd the reflection ofn the need to includecessity to deal with new categories such as genetic data, especially in the context of both technological developments (e.g. cloud computing) and societal developments;
Amendment 114 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the need to enhance guarantees for the protection of children’s personal data, also in light of the increased access of children to Internet and digital contents;
Amendment 117 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it essential thato reinforce data controllers’ obligations to ensure compliance with data protection, and, in this connection, legislation by having in place, inter alia, proactive mechanisms and procedures, and welcomes the other directions suggested inby the Commission communication;
Amendment 120 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Welcomes and supports the considerations of the Commission to introduce a principle of accountability as it is of key importance to ensure that data controllers act upon their responsibility; at the same time calls on the Commission to carefully examine how such a principle could be effectively implemented and assess the consequences thereof;
Amendment 125 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers essential the possibility of making Privacy Impact Assessments mandatory in order to identify privacy risks, foresee problems, and bring forward proactive solutions;
Amendment 127 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages the Commission to introduce a system for mandatory general personal data breach notifications in extending it to other sectors than the telecommunications sector while ensuring that (a) it does not become a routine alert for all sorts of breaches but mainly the ones that can impact negatively on the individual and (b) that all breaches without exception are logged and at the disposal of data protection or other appropriate authorities for inspection and evaluation;
Amendment 129 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Sees in the concepts of ‘privacy by design’ and ‘privacy by default’ a strengthening of data protection, and supports examination of possibilities for their concrete application and further development;
Amendment 135 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the efforts to further to advance self- regulatory initiatives withinand the revision of the data protection framework, as suggested in the Commission communication, and is in favour of giving considerflection on setting up of EU certification schemes, as complementary steps to legislative measures, while maintaining that the EU data protection model is based on legislation to setting up EU certification schemhigh- level guarantees;
Amendment 139 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 150 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to streamline and strengthen current procedures for international data transfers, and to define core EU data protection aspects to be used for all types ofin international agreements;
Amendment 151 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that the Commission’s adequacy procedure of the Commission would benefit from further clarification, stricter implementation, enforcement and monitoring, and that the criteria and requirements for assessing the level of data protection in a third country or an international organisation should be better specified taking into account the new threats to privacy and personal data;