34 Amendments of Cornelia ERNST related to 2011/2025(INI)
Amendment 4 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Council of Europe Convention 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data,
Amendment 8 #
Motion for a resolution
Recital A
Recital A
A. whereas the EU must equip itself with a single comprehensive, coherent and effective framework able to protect the personal data of individuals within and beyond the EU in all circumstances, in order to cope with the numerous challenges facing data protection,
Amendment 11 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas violations of data protection provisions can lead to serious risks for the fundamental rights of individuals and for the values of the Member States,
Amendment 12 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas data protection legislation in the EU, the Member States, and beyond has developed a legal tradition that has to be maintained and further elaborated,
Amendment 19 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU and the Member States are obliged to take effective measures against all violations of personal rights and are obliged to protect individual privacy and informational self- determination,
Amendment 25 #
Motion for a resolution
Recital C
Recital C
C. whereas it is of utmost importance that a series of key elements be taken into account when legislative solutions are considered, namely effective protection, given under all circumstances and independent of political preferences within a certain timeframe; whereas the framework must be stable over a long period, and limitations on the exercise of the right, where and if needed, must be exceptional, strictly necessary, duly justified and never affect the essential elements of the right itself9 ,
Amendment 30 #
Motion for a resolution
Recital D
Recital D
D. whereas the collection, analysis, exchange and misuse of data and the danger of ‘profiling’, all of which have been made possible bystimulated by the complexity of technical developments, have reached unprecedented dimensions and consequently necessitate strong data protection rules,
Amendment 33 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the fundamental right to data protection includes the protection of persons from possible surveillance and abuse of their data by the state itself, as well as by private entities,
Amendment 37 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas effective control by the data subject requires transparent behaviour of data controllers,
Amendment 38 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas effective control by the data subject requires transparent behaviour of data controllers,
Amendment 41 #
Motion for a resolution
Recital F
Recital F
F. whereas a strong European and international data protection regime is the necessary foundation for the flow of personal data across borders, and whereas current differences in data protection legislation and enforcement are affecting European citizens as well as the global economy and the single European market,
Amendment 42 #
Motion for a resolution
Recital F
Recital F
F. whereas a strong European and international data protection regime is the necessary foundation for the flow of personal data across borders, and whereas current differences in data protection legislation and enforcement are affecting European citizens as well as the global economy and the single European market,
Amendment 46 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas continuous violations of data protection lead to a lack of trust by citizens that will weaken the expedient use of the new technologies,
Amendment 50 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the opportunity to substantiate and adapt the European data protection law to the legal conditions that emerge after the entry into force of the Lisbon Treaty and the Charter of Fundamental Rights,
Amendment 55 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that the technologically neutral approach of Directive 95/46/EC should be maintained as a principle of a new framework;
Amendment 57 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it imperative to extend the application of general data protection rules to the areas of police and judicial cooperation, including in the context of data processing at domestic level, while also allowing, as and where necessary, for restricted and harmonised limitations on certain data protection rights of the individual;
Amendment 63 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises equally the need to have the processing of personal data by institutions and bodies of the European Union, which is governed by Regulation (EC) No 45/2001, included within the scope of the new framework;
Amendment 66 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises equally the need to have the processing of personal data by institutions and bodies of the European Union, which is governed by Regulation (EC) No 45/2001, included within the scope of the new framework;
Amendment 73 #
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
– further clarification of the rules on applicable law with a view to delivering the same degree of protection for individuals irrespective of the geographical location of the data controller, including when it comes to enforcement of data protection by authorities or in court;
Amendment 75 #
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
– further clarification of the rules on applicable law with a view to delivering the same degree of protection for individuals irrespective of the geographical location of the data controller;
Amendment 81 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the revised data protection regime should keep bureaucratic and financial burdens to a minimum;
Amendment 85 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to draft a new legislation along the following principles and elements, while emphasising that these principles and elements are already set out in Directive 95/46/EC, but have not been realised and implemented fully in the Member States or found full application in the ‘online environment’: the principle of transparency, the principles of data minimisation and purpose limitation, and the provisions on consent;
Amendment 87 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points to fact that voluntary consent can not be assumed in the field of labour contracts;
Amendment 96 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that citizens must be able to exercise their data rights free of charge and without postal or other costs; calls on companies to refrain from any attempts to add unneeded barriers to the right to view, amend or delete personal data;
Amendment 98 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that the right to access includes not only full access to the data processed about oneself including its source and recipients, but also intelligible information about the logic involved in any automatic processing; emphasises that the latter will become even more important with profiling and data-mining;
Amendment 99 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines that the data subject must be put in the position to know at any time which data have been stored by whom, when, for which purpose, for which time period, and how it is being processed; he or she has to be able to obtain its deletion, correction and blocking in an unbureaucratic way and without costs; he or she has to be informed about any misuse and any data breach;
Amendment 102 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission communication’s focus on awareness- raising campaigns aimed both at the general public and more specifically at young people; stresses the need to also specifically address elderly people; underlines that awareness-raising measures should not be understood as shifting the burden of responsibility on the data subject;
Amendment 129 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Sees in the concepts of ‘privacy by design’ and ‘privacy by default’ a strengthening of data protection, and supports examination of possibilities for their concrete application and further development;
Amendment 133 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports efforts further to advance self-regulatory initiatives within the revision of the data protection framework, as suggested in the Commission communication, and iIs in favour of giving consideration to setting up EU certification schemes;
Amendment 137 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is in favour of further clarifying, strengthening and harmonising the status and powers of national data protection authorities, including by equipping them with appropriate resources, and of exploring ways to ensure more consistent application of EU data protection rules across the internal market;
Amendment 139 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 148 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to streamline and strengthen current procedures for international data transfers, and to define ambitious core EU data protection aspects to be used for all types of international agreement;
Amendment 149 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to streamline and strengthen current procedures for international data transfers, and to define ambitious core EU data protection aspects to be used for all types of international agreement;
Amendment 154 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports the Commission’s efforts to enhance cooperation with third countries and international organisations, including the United Nations, the Council of Europe and the OECD, as well as with standardisation organisations such as the CEN and the ISOEuropean Committee for Standardisation (CEN), the International Organisation for Standardisation (ISO), World Wide Web Consortium (W3C) and Internet Engineering Task Force (IETF);