13 Amendments of Jean LAMBERT related to 2012/2011(COD)
Amendment 26 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. This Regulation applies to the processing of personal data of data subjects not residing in the Union by a controller or processor established in the Union, through their economic activities in a third country(ies).
Amendment 40 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membership and activities, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited.
Amendment 59 #
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) the processing is carried out by a public authority or body or on their behalf; or
Amendment 61 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the processing is carried out by an enterprise employing 250 persons or more legal person and relates to more than 100 data subjects per year; or
Amendment 63 #
Proposal for a regulation
Article 35 – paragraph 1 – point b a (new)
Article 35 – paragraph 1 – point b a (new)
(b a) the data processed is of particularly sensitive nature e.g. medical; or
Amendment 65 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. In the case referred to in point (b) of paragraph 1, a group of undertakings may appoint a single data protection officer where this applies to a single jurisdiction.
Amendment 82 #
Proposal for a regulation
Article 82 – title
Article 82 – title
Amendment 91 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits ofOn the basis of the rules set out in this Regulation, Member States may adopt by law specific rules regulating the processing of employees‘ personal data relevant 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, 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.
Amendment 102 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1 a. The purpose of processing such data must be directly linked to the reason it was collected for and stay within the context of employment. Profiling or use for secondary purposes shall not be allowed.
Amendment 108 #
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
1 b. Data on medical conditions can only be used within the context of competence at work.
Amendment 112 #
Proposal for a regulation
Article 82 – paragraph 1 c (new)
Article 82 – paragraph 1 c (new)
1 c. In addition to the provisions of Chapter IV, Section 4, the data protection officer shall be entitled to relevant training financed by the company, and shall be afforded due time to fulfil relevant duties, where they are in addition to their general tasks. National and European Works Councils shall be consulted in the appointment of the data protection officer and shall be afforded the continuous right of consultation with them
Amendment 116 #
Proposal for a regulation
Article 82 – paragraph 1 d (new)
Article 82 – paragraph 1 d (new)
1 d. Data from job applications shall be treated as data from employees with respect to data protection
Amendment 117 #
Proposal for a regulation
Article 82 – paragraph 1 e (new)
Article 82 – paragraph 1 e (new)
1 e. Notwithstanding the other provisions of this Regulation, the legal provisions of Member States shall include: -rules to outlaw as a criminal offence the use of data to blacklist, vet or bar from employment - measures to ensure that any person or enterprise found to be taking part in blacklisting will face significant penalties.