16 Amendments of Timothy Charles Ayrton TANNOCK related to 2012/0011(COD)
Amendment 412 #
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject’s wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of their personal data. The act of seeking and agreeing to specific healthcare treatment should be considered as consent within the meaning of Articles 4(8) and 6(1)(a) to the processing of personal health data related to that specific treatment and as meeting the burden of proof under Article 7(1), without preventing Member States from maintaining existing more stringent national rules in this regard. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject’s consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
Amendment 494 #
Proposal for a regulation
Recital 53
Recital 53
(53) Any person should have the right to have personal data concerning them rectified and a ‘right to be forgotten’ where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for rheasons of public interlth purposest in the area of public healthaccordance with Article 81, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them.
Amendment 762 #
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Article 4 – paragraph 1 – point 8
(8) ‘the data subject’s consent’ means any freely given specific, and informed and explicit indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;
Amendment 821 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; further processing of data for health, historical, statistical, or scientific purposes shall not be considered as incompatible subject to compliance with the conditions in Article 81 or Article 83 as appropriate;
Amendment 994 #
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 or coercive relationship between the position of the data subject and the controller. The patient-healthcare provider relationship is not considered a significantly imbalanced or coercive relationship.
Amendment 1267 #
Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
Article 14 – paragraph 5 – point d a (new)
(da) the data are processed for health, historical, statistical or scientific research purposes subject to the conditions and safeguards referred to in Articles 81 or 83 as appropriate, and the provision of such information proves impossible or would involve a disproportionate effort.
Amendment 1433 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) for rheasons of public interest in the area of public healthlth purposes in accordance with Article 81;
Amendment 1434 #
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(ba) for maintaining medical records for prevention, medical diagnosis, treatment, palliative care, clinical trials, patient registries, and other health research and medical innovation purposes;
Amendment 2956 #
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 general principles in Chapter II, the rights of the data subject in Chapter III, on controller and processor in Chapter IV, on the transfer of personal data to third countries and international organisations in Chapter V, the independent supervisory authorities in Chapter VI and on co-operation and consistency in Chapter VII and the provisions regarding processing concerning health and processing for historical, statistical and scientific research purposes in this chapter whenever this is necessary for 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 2962 #
Proposal for a regulation
Article 80 – paragraph 1 a (new)
Article 80 – paragraph 1 a (new)
Amendment 2981 #
Proposal for a regulation
Article 81 – paragraph 1 – point c
Article 81 – paragraph 1 – point c
(c) other reasons of public interest in areas such as social protection, especially in order to ensure the quality and cost- effectiveness of the procedures used for settling claims for benefits and services in the health insurance system and the provision of health services.
Amendment 2987 #
Proposal for a regulation
Article 81 – paragraph 2 a (new)
Article 81 – paragraph 2 a (new)
Amendment 2998 #
Proposal for a regulation
Article 81 – paragraph 3 b (new)
Article 81 – paragraph 3 b (new)
3b. Within the limits of this Regulation, personal data may be processed for the purposes of a manufacturer's regulatory pre- and post-marketing obligations with respect to clinical evaluation of medical devices.
Amendment 3069 #
Proposal for a regulation
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
Amendment 3079 #
Proposal for a regulation
Article 83 – paragraph 2 a (new)
Article 83 – paragraph 2 a (new)
2a. Where the data subject is required to give his/her consent under this article, the option of broad consent should be available.
Amendment 3094 #
Proposal for a regulation
Article 83 – paragraph 3 a (new)
Article 83 – paragraph 3 a (new)
3a. A controller or processor may transfer personal data to a third country or an international organisation for historical, statistical or scientific research purposes if: (a) these purposes cannot reasonably be fulfilled by processing data which does not permit or not any longer permit the identification of the data subject; (b) the recipient does not reasonably have access to data enabling the attribution of information to an identified or identifiable data subject; and (c) contractual clauses between the controller or processor and the recipient of the data prohibit re-identification of the data subject and limit processing in accordance with the conditions and safeguards laid down in this Article.