Activities of Heide RÜHLE related to 2011/0226(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) PDF (242 KB) DOC (327 KB)
Amendments (14)
Amendment 47 #
Proposal for a regulation
Recital 16
Recital 16
(16) The European Data Protection Supervisor should monitor and ensure the application of the provisions of this Regulation, inter alia maintaining contacts with national data protection authorities, including the relevant provisions on data security.
Amendment 52 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendment 53 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. For the acts listed in Annex II to this Regulation, tThe Commission may carry out pilot projects in order to assess whether IMI would be an effective tool for the implementation of provisions for administrative cooperation of internal market acts not yet listed in the Annex. The Commission mayshall decide that IMI shall be used, taking into account technical feasibility, cost- efficiency, user-friewhich internal market acts shall be subject to a pilot project, and on the modalities of that project. 1a. Prior to expandliness and ovg IMI to new areas and/or internall impact on the system. In such cases, the Commission shall be empowered to include those acts in Annex I following the procedure referred to in Article 23 market acts not yet listed in the Annex, the Commission shall undertake a full risk assessment and impact assessment regarding data protection. 1b. The Commission shall submit an evaluation of the outcome of the pilot project, risk assessments and impact assessments to the European Parliament and to the Council, accompanied, where appropriate, with a legislative proposal to amend the Annex to expand IMI to the relevant internal market acts.
Amendment 57 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 65 #
Proposal for a regulation
Article 5 – paragraph 2 – point j a (new)
Article 5 – paragraph 2 – point j a (new)
(j a) 'formal closure' refers to the closure of a case, once the case has served its primary purpose. Such closure requires the active participation of an IMI user and that IMI user's agreement to close a case by an IMI user.
Amendment 66 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States, in cooperation with the Commission, shall designate the IMI coordinators and competent authorities and the internal market areas in which they have competence. The Commission may play a consultative role in this process.
Amendment 78 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. Where a case has been inactive for six months, or not formally closed after six months, IMI users and actors shall receive an automatic notification that the case has been inactive. If the case remains inactive or the competent authority does not signal otherwise within thirty days, the data pertaining to the case shall be blocked.
Amendment 80 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The processing of special categories of data referred to in Article 8(1) of Directive 95/46/EC and Article 10(1) of Regulation (EC) 45/2001 by means of IMI shall be allowed only on the basis of a specific ground mentioned in Article 8(2) of the Directive and Article 10(2) of the Regulationlegal provision or with the consent of the data subject, and with appropriate safeguards to ensure the rights of individuals whose personal data are processed.
Amendment 81 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Where sensitive data referred to in paragraph 1 is added to a data subject's file, the data subject shall be informed by the competent authority of the Member State which supplies those data. This information shall also include possible means of redress and the contact details of whom to contact in this regard. Where such sensitive data are proved wrong, inaccurate or of no further relevance, those sensitive data shall be deleted within thirty days of the decision or notification by the competent authority, whichever is the shorter time period.
Amendment 83 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. IMI actors shall ensure that data subjects are informed about processing of their personal data in IMI and that they have access to a privacy notice explaining their rights and how to exercise them, including information about whom to contact throughout the lifespan of their data in IMI and relevant contact details, in accordance with Articles 10 or 11 of Directive 1995/46/EC and national legislation which is in accordance with that Directive.
Amendment 85 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Data submitted by data subject to IMI shall only be used for the purposes for which the data were submitted. Data subject consent shall also be required for extension of the use of those data to new areas or workflows.
Amendment 86 #
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) types of administrative cooperation procedures, all IMI functionalities and categories of data that may be processed in IMI.
Amendment 91 #
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3 a. The Commission's internal control mechanisms shall include data privacy assessments, including a security risk analysis, on the basis of which a data protection policy (including a security plan) will be adopted, as well as periodic reviews and auditing.
Amendment 92 #
Proposal for a regulation
Annex I – point 3 a (new)
Annex I – point 3 a (new)
3 a. Commission Recommendation of 7 December 2001 on principles for using 'SOLVIT' – the Internal Market Problem Solving Network: Chapters I and II1 1 OJ L 331, 15.12.2001, p.79.