5 Amendments of Petra KAMMEREVERT related to 2012/0011(COD)
Amendment 625 #
Proposal for a regulation
Recital 121
Recital 121
(121) TWhe processing of personal data solely for journalistic purposes, or for the purposes of artistic or liternever necessary, expression should qualify for exempemptions or derogations from the requirements of certain provisions of this Regulation for the processing of personal data should be possible in order to reconcile the right to the protection of personal data with the right to freedom of expression, and notably the right to receive and impart information, as guaranteed in particular by Article 11 of the Charter of Fundamental Rights of the European Union. This should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries. In accordance with the Protocol on the system of public broadcasting in the Member States annexed Treaty on European Union, the Treaties establishing the European Communities and certain related acts, the competence of Member States to define and organize Public Service Broadcasting shall also be respected in the field of data protection. Therefore, Member States should adopt legislative measures, which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights. Such exemptions and derogations should be adopted by the Member States on general principles, on the rights of the data subject, on controller and processor, on the transfer of data to third countries or international organisations, on the independent supervisory authorities and on co-operation and consistency. This should not, however, lead Member States to lay down exemptions from the other provisions of this Regulation. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary to interpret notions relating to that freedom, such as journalism, broadly. Therefore, Member States should classify activities as ‘journalistic’ for the purpose of the exemptions and derogations to be laid down under this Regulation if the object of these activities is the disclosure to the public of information, opinions or ideas, irrespective of the medium which is used to transmit them. They should not be limited to media undertakings and may be undertaken for profit-making or for non- profit making purposes.
Amendment 1009 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 136 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodianlegal representative. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology. The methods to obtain verifiable consent shall not lead to the further processing of personal data which would otherwise not be necessary.
Amendment 1021 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Paragraph 1 shall not apply where the information society services offered directly to a child are solely preventive or counselling services for young people in difficult situations.
Amendment 1618 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. In case of a child, profiling shall never be allowed, regardless of a possible consent given by the child's parent or legal representative.
Amendment 2952 #
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 forentireties of chapters Chapter II, Chapter III, Chapter IV, Chapter V, Chapter VI and Chapter VII in order to reconcile the right to the processingtection 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 expressionwith the rules governing freedom of expression in accordance with the Charter of Fundamental Rights of the European Union and its referral to the ECHR.