39 Amendments of Stanimir ILCHEV related to 2012/0011(COD)
Amendment 745 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘'controller’' means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, conditions and means of the processing of personal data; where the purposes, conditions and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law; controllers include in particular:
Amendment 749 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5 a (new)
Article 4 – paragraph 1 – point 5 a (new)
(5a) ‘direct controller’ means a person who collects personal data from the data subject or otherwise processes it;
Amendment 750 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5 b (new)
Article 4 – paragraph 1 – point 5 b (new)
(5b) ‘indirect controller’ means a person who does not collect personal data from the data subject or otherwise process it.
Amendment 1110 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible and permanent form, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child.
Amendment 1165 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 1168 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
The data controller directly responsible for the operation shall notify all recipients to whom data from him or her have been passed on of any correction or erasure that has been made or any objection raised under Article 16, 17 or 19. Where recipients of personal data are unknown to the data controller directly responsible for the operation, and this is not due to his or her deliberate act or negligence, he or she shall be exempted from this requirement.
Amendment 1169 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
Amendment 1170 #
Proposal for a regulation
Article 13 – subparagraph 1 c (new)
Article 13 – subparagraph 1 c (new)
The burden of proof of compliance with the above obligations shall rest with the data controllers.
Amendment 1175 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. WThere personal data relating to a data subject are collected, the controller shall provide the data subject with controller directly responsible for the operation and, if applicable, his representative, shall at least document the following information:
Amendment 1209 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) the recipients or categories of recipients of the personal data;identity and contact details of all recipients who process the personal data received from the direct controller, and the purposes of the processing, irrespective of whether they have received the data directly from him or indirectly from another party. This shall not apply insofar as recipients are unknown, and this state of affairs has not arisen due to the deliberate intent or negligence of the direct controller.
Amendment 1212 #
Proposal for a regulation
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
(g) where applicable, that the controller intends to transferransfer of the data to a third country or international organisation andor the intention of the controller to make such a transfer and information on the level of protection afforded by that third country or international organisation by reference to an adequacy decision by the Commission. In the cases referred to in Article 44(1)(h), the documentation should also include evidence that appropriate safeguards are in place;
Amendment 1218 #
Proposal for a regulation
Article 14 – paragraph 1 – point h a (new)
Article 14 – paragraph 1 – point h a (new)
(ha) communications pursuant to Article 13(1).
Amendment 1221 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. WThere the personal data are collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, whether the provision of personal data is obligatory or voluntary, as well as the possible consequences of failure to provide such data indirect controller and, if applicable, his representative, shall at least document the following: (a) the information referred to in Article 14(1)(a), (b), (c), (d), (e), (g) and (h); (b) the identity and the contact details of all recipients who process personal data received from the indirect controller, and the purposes of the processing; (c) the identity and the contact details of the direct controller and, if any, of his representative; (d) communications pursuant to Article 13(2).
Amendment 1227 #
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(a) the direct controller shall, at the time when the data are collected or immediately thereafter, inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate. whether the provision of personal data is obligatory or voluntary, as well as the possible consequences of failure to provide such data; (b) the direct controller shall, after the first communication pursuant to paragraph 3(a), provide the information pursuant to paragraph 1 once a year, provided that changes have occurred in the information since it was last communicated.
Amendment 1233 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The controller shall provide the information referred to in paragraphs 1, 2 and 3: (a) at the time when the personal data are obtained from the data subject; or (b) where the personal data are not collected from the data subject,If the personal data are not collected from the data subject, the indirect controller shall, at the minimum, inform the direct controller of the purposes for which he is processing the personal data, stating his identity and contact details. This shall be done at the time ofwhen the personal data are cordingllected or within a reasonable period thereafter, the collection, having regard toaking into account 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. Article 20(4) shall apply in addition to this provision.
Amendment 1243 #
Proposal for a regulation
Article 14 – paragraph 5 – introductory part
Article 14 – paragraph 5 – introductory part
5. Paragraphs 1 to 4and 2 shall not apply, where: (a) the data subject has already the information referred to in paragraphs 1, 2 and 3; or (b) the data are not collected from the data subject and the provision of such information proves impossible or would involve a disproportionate effort; or (c) the data are not collected from the data subject and recording or disclosure is expressly laid down by law; or (d) the data are not collected from the data subject and the provision of such information will impair the rights and freedoms of others, as defined in Union law or Member State law in accordance with Article 21 to natural persons who process personal data without a commercial interest.
Amendment 1271 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. In the case referred to in point (b) of paragraph 5, the controller shall provide appropriate measures to protect the data subject's legitimate interestsParagraph 3 shall not apply where: (a) it proves impossible to provide the information or providing it would involve a disproportionate effort; or (b) the data subject already has the information referred to in paragraph 1.
Amendment 1281 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria for categories of recipients referred to in point (f) of paragraph 1, the requirements for the noticeParagraph 4 shall not apply where: (a) collection or disclosure of the data is expressly laid down by law; or (b) the provision of such information will impair the rights and freedoms of potential acceshers, as rdeferred to in point (g) of paragraph 1, the criteria for the further information necessary referred to in pointined in Union law or Member State law in accordance with Article 21; (hc) of paragraph 1 for specific sectors and situations, and the conditions and appropriate safeguards for the exceptions laid down in point (b)it proves impossible to provide the information ofr paragraph 5. In doing so, the Commission shall take the appropriate measures for micro, small and medium-sized- enterprises. roviding it would involve a disproportionate effort.
Amendment 1287 #
Proposal for a regulation
Article 14 – paragraph 8
Article 14 – paragraph 8
8. The Commission may lay down standard forms for providing the information referred to in paragraphs 1 to 3, taking into account the specific characteristics and needs of various sectors and data processing situations where necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)In the cases referred to in paragraphs 6(a) and 7(c), the controller shall take appropriate measures to protect the data subject's legitimate interests.
Amendment 1289 #
Proposal for a regulation
Article 14 – paragraph 8 a (new)
Article 14 – paragraph 8 a (new)
8a. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of regulating the requirements applicable to information referred to in paragraph 1(g), the criteria for the provision of further information referred to in paragraph 1(h) for specific sectors and situations, and the conditions and appropriate safeguards for the exceptions laid down in paragraphs 6(a) and 7(c). In doing so, the Commission shall take the appropriate measures for micro, small and medium- sized-enterprises.
Amendment 1290 #
Proposal for a regulation
Article 14 – paragraph 8 b (new)
Article 14 – paragraph 8 b (new)
8b. The Commission may lay down standard forms for providing the information referred to in paragraphs 3 and 4, taking into account the specific characteristics and needs of various sectors and data processing situations where necessary. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 1294 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The data subject shall have the right to obtain from theevery controller at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed. WThere such personal data are being processed, the controller shall provi confirmation shall, at the minimum, include the following information:
Amendment 1306 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) the recipients or categories of recipients to whom the personal data are to be or have beef the personal data pursuant to Article 14(1)(f), if the direct controller provides the confirmation. If the confirmation disclosed, in particular to recipients in third countries provided by the indirect controller, the recipients shall receive it pursuant to Article 14(2)(b);
Amendment 1425 #
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. TWhere the controller learns of a request for erasure pursuant to this article or Article 13, he shall carry out the erasure without delay, except to the extent that the retention of the personal data is necessary:
Amendment 1607 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Article 14 shall include information as toeach controller shall notify the data subject separately without delay of the existence of processing for a measures of the kind referred to in paragraph 1 and the envisaged effects of such processing on the data subject.
Amendment 1686 #
Proposal for a regulation
Article 22 – paragraph 2 – point f
Article 22 – paragraph 2 – point f
(f) keeping the documentation pursuant to Article 2814;
Amendment 1747 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, he and they shall be joint data controllers. Where this regulation does not impose any particular obligations on the data controllers who are directly and indirectly responsible for the operation, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them.
Amendment 1757 #
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
Amendment 1827 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Documentation requirement: processor
Amendment 1828 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative,processor shall maintain documentation of all processing operations under its responsibility.
Amendment 2162 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
Amendment 2185 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 2819 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered unless the controller or processor proves that they are not responsible for the damage either by intent or negligence.
Amendment 2832 #
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
Amendment 2914 #
Proposal for a regulation
Article 79 – paragraph 5 – point f
Article 79 – paragraph 5 – point f
(f) does not or not sufficiently maintain the documentation pursuant to Article 14, Article 28, Article 31(4), and Article 44(3);
Amendment 3110 #
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
2. The delegation of power referred to in Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(79), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 336), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 3113 #
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. The delegation of power referred to in Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(79), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) may be revoked at any time by the European Parliament or by the Councilshall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 3116 #
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. A delegated act adopted pursuant to Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(79), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 3117 #
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. A delegated act adopted pursuant to Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(79), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.