7 Amendments of Petru Constantin LUHAN related to 2012/0011(COD)
Amendment 713 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person and who is not acting in his/her professional capacity;
Amendment 772 #
Proposal for a regulation
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
(10) ‘genetic data’ means all data, of whatever type, concerning the characteristics of an individual which are inherited or acquired during early prenatal developmentinformation on the hereditary characteristics, or alteration thereof, of an identified or identifiable person, obtained through nucleic acid analysis;
Amendment 2428 #
Proposal for a regulation
Article 42 – paragraph 2 – point c
Article 42 – paragraph 2 – point c
(c) standard data protection clauses adopted by a supervisory authority in accordance with the consistency mechanism referred to in Article 57 when declared generally valid by the Commission pursuant to point (b) of Article 62(1); or
Amendment 2432 #
Proposal for a regulation
Article 42 – paragraph 2 – point d a (new)
Article 42 – paragraph 2 – point d a (new)
(da) for historical, statistical or scientific purposes, the measures referred to in Article 83(4);
Amendment 2442 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. A transfer based on standard data protection clauses or binding corporate rules as referred to in points (a), (b) or (c) or (e) of paragraph 2 shall not require any further authorisation.
Amendment 3062 #
Proposal for a regulation
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
1a. Further processing of data for historical, statistical or scientific purposes shall not be considered as incompatible under point (b) of Article 5(1) provided that the processing: (a) is subject to the conditions and safeguards of this Article; and (b) complies with all other relevant legislation.
Amendment 3075 #
Proposal for a regulation
Article 83 – paragraph 2 a (new)
Article 83 – paragraph 2 a (new)
2a. A controller or processor may transfer personal data to a third country or an international organisation for historical, statistical or scientific purposes if: (a) these purposes cannot be otherwise 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.