18 Amendments of Marie-Christine VERGIAT related to 2011/2025(INI)
Amendment 1 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in particular Article 8 on the protection of private and family life and Article 13 on effective remedy,
Amendment 2 #
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
– having regard to Council of Europe Convention 108 of 28 January 1981 and the additional protocol thereto of 8 November 2001,
Amendment 3 #
Motion for a resolution
Citation 2 c (new)
Citation 2 c (new)
Amendment 7 #
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 and privacy of individuals within and beyond the EU in all circumstances, in order to cope with the numerous challenges facing data protection,
Amendment 18 #
Motion for a resolution
Recital B
Recital B
B. whereas the new legal basis set out in Article 16 TFEU and the recognition in Article 8 of the Charter of Fundamental Rights of the right to protection of personal data as annd in Article 7 thereof of the right to respect for private and family life as autonomous rights fully necessitate and support a comprehensive approach to data protection in all fields in which personal data are processed, including the field of police and judicial cooperation in criminal matters,
Amendment 23 #
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 genuinely 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 exceptionalclearly defined, exceptional, strictly necessary, duly justified and never affect the essential elements of the right itself,
Amendment 27 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the principles, inter alia, of necessity, limitation, purpose and proportionality and the rights of access and rectification (including erasure) remain essential and need to supplemented by new principles, such as transparency, in order to guarantee the highest possible level of protection of personal data and genuinely effective protection of such data,
Amendment 29 #
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 encouraged by the complexity of modern society and made possible by technical and technological developments, have reached unprecedented dimensions and consequently necessitate strong data protection rules,
Amendment 48 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Emphasises that the right to protection of personal data and to privacy are fundamental rights which can be overridden only for compelling, strictly necessary, proportionate and duly justified reasons following consultation of the relevant stakeholders, in particular the bodies responsible for supervising personal data protection in the European Union;
Amendment 49 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly welcomes and supports the Commission communication entitled ‘A comprehensive approach on personal data protection in the European Union’ and its focus on strengthening existing arrangements, putting forward new principles and mechanisms and ensuring coherence and high standards of data protection; stresses, however, that some of the measures referred to in the Commission communication are outlined only as future action and that others are to be implemented in cooperation with private actors;
Amendment 86 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to draft a new legislation along the following principles andprinciples relating to the protection of personal data referred to above and the following 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 101 #
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; emphasises the need for specific procedures to deal with vulnerable persons, in particular children and the elderly; stresses that awareness- raising measures should not be understood as reversing the burden of responsibility, i.e. putting the onus back on the person affected;
Amendment 112 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports further clarification with regard to the processing of sensitive data, along with discussion of the need to include new categories such as genetic and biometric data, especially in the context of both technological developments (e.g. cloud computing) and societal developments;
Amendment 116 #
Motion for a resolution
Subheading 3
Subheading 3
Further advancing the internal market dimension and ensuring better enforcement of data protection rules
Amendment 130 #
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 supportregards examination of possibilities for their concrete application as essential;
Amendment 134 #
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 is in favour of givIs in favour of giving consideration to setting up a small number of EU certification schemes on the basis of minimum criteria and standards laid down at Community level ing considoperation to setting up EU certification schemeswith stakeholders and adopted under Article 294 TFEU;
Amendment 147 #
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 on the basis of the personal data protection principles referred to above ambitious core EU data protection aspects to be used for all types of international agreement;
Amendment 153 #
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 ISO; calls on the EU to open international discussions with a view to making the Guidelines for the regulation of computerised personal data files issued by the United Nations General Assembly in 1990 binding and incorporating into them the standards drawn up at the International Conference of Data Protection and Privacy Commissioners held in Madrid in November 2009;