Activities of Marie-Christine VERGIAT related to 2016/2225(INI)
Shadow reports (1)
REPORT on fundamental rights implications of big data: privacy, data protection, non-discrimination, security and law-enforcement PDF (311 KB) DOC (67 KB)
Amendments (23)
Amendment 3 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the guidelines for the regulation of computerised personal data files of the United Nations General Assembly in its Resolution 45/95 of 14 December 1990,
Amendment 13 #
Motion for a resolution
Recital B
Recital B
B. whereas the progress of communication technologies and the ubiquitous use of electronic devices, monitoring gadgets, social media, web interactions and networks, including devices which communicate information without human interference, have led to the development of massive, ever-growing data sets which, through advanced processing techniques and analytics, provide unprecedented insight into human behaviour and our societies, usually without users' knowledge;
Amendment 18 #
Motion for a resolution
Recital C
Recital C
C. whereas corporations, governmentan increasing number of corporations, public sector bodies and organisations haveof all kinds taken advantage of such data sets and big data analytics to foster competitiveness, innovation, market prediction, targeted advertisingimprove, in particular, scientific research and, policy making in the field of transportation, ‘smart cities’the environment, taxation, law enforcement, transparency, public health andor improving disaster response, but also to increase private profit, market forecasts and targeted advertising;
Amendment 31 #
Motion for a resolution
Recital D
Recital D
D. whereas, whilst big data has the potential to bring undeniable benefits and opportunities for citizens, businesses and governments, buit also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter of Fundamental Rights and Union law;
Amendment 40 #
Motion for a resolution
Recital E
Recital E
E. whereas the pervasiveness of sensors, extensive routine data production and contemporarytechniques employed involve, in particular, the pervasiveness of sensors, the retrieval and processing of extensive amounts of data, their use and dissemination for ever-increasing, inter- connecting purposes, and whereas these data-processing activities are characterised by a high degree of opacity;
Amendment 49 #
Motion for a resolution
Recital F
Recital F
F. whereas biased algorithms and other analytical tools, low quality of data, spurious correlations, errors, the underestimation of legal, social and ethical implications, the risk of use for discriminatory or fraudulent purposes and the marginalisation of the role of humans in these processes can trigger flawedresult in flawed or even dangerous decision-making procedures;
Amendment 56 #
Motion for a resolution
Recital G
Recital G
G. whereas the proliferation of data processing and analytics, the multitude of actors involved in collecting, retaining, processing and sharing data and the combination of large data sets containing personal data from a variety of sources, the risk of fraud and fraudulent or even malicious or criminal use, retained for unlimited amounts of time, have all created great uncertainty for both citizens and businesses, businesses and public authorities alike over the specific requirements for compliance with general data-protection principles;
Amendment 66 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that information revealed by big data analysis iscan only as reliable aschieve a sufficient level of reliability if the underlying data permits, and that strong scientific and ethical standards are therefore needed for managing data collection and judging the results of suchtheir analysis and its predictive algorithms;
Amendment 72 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the prospects and opportunities of big data can only be fully enjoyed by citizens, corporations, governments and institutions when public trust inthe use of these technologies is ensured by strong enforcement of fundamental rights and legal certainty for all actors involvthe standards and legislation to protect fundamental rights, the transparency of the instruments used and the proper provision of information to the audiences concerned in order to guarantee legal certainty and ensure or re-establish trust among all actors and audiences concerned;
Amendment 92 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality, the rejection of profiling and non- discrimination, are applicable to data processing even when that processing is preceded by pseudonymisation and anonymisation techniques, insofar as there are unforeseeable risks of re-identification, or, in any case, when use of non-personal data might impact on individuals’ private lives or other rights and freedomlead to the stigmatisation of whole sections of the population and impact on individuals’ private lives or other rights and freedoms guaranteed by national and European laws and international conventions;
Amendment 105 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that education, information, transparency, fairnessequality, accountability and control over personal data are core values through which specific rights and obligations are derived, and which shouldmust guide the action of corporations, public authorities and other actors that use data to frame their decision- making procedures; emphasises the need for much greater transparency with regard to data processing and analytics by businesses;
Amendment 110 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of reinforcing the right of users of connected objects to be informed and to be able to refuse the collection and use of their personal data collected for purposes other than those clearly provided for by the normal use of the connected objects in question;
Amendment 116 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the fundamental role that the Commission, the European Data Protection Board, the European Data Protection Supervisor and other independent supervisory authorities should play in the coming years and decades to promotensure legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the collection of data and the use of data processing and analytics;
Amendment 122 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the development of big data makes anonymisation increasingly difficult, and that specific risks may arise particularly when the anonymised data are exported to third countries, where a re-identification could take place;
Amendment 127 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that anonymisation techniques should comprise technical measures and contractual obligations which ensure non-re-identification; calls on corporationsall entities involved in the collection, analysis and processing of big data to regularly review such risks in light of new technologies and to document the appropriateness of measures adopted, allowing independent supervisory authorities to monitor practices and provide recommendations;
Amendment 135 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges corporationInsists that corporations, public authorities and other data controllers to make use of instruments provided for by the GDPR, such as codes of conduct and certification schemes, to seekestablish greater certainty over their specific obligations under Union law and to bring their practices and activities into compliance with the appropriate Union legal standards and safeguards;
Amendment 153 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats while protecting fundamental data protection rights requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities;
Amendment 159 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the strengthening of supervision and of the role of European and national authorities in the control and collection of big data processing algorithms held by public and private entities;
Amendment 168 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Union and the Member States to identify and minimistake every possible measure to reduce algorithmic discrimination and bias and to develop a strong and common ethics framework for the processing of personal data and automated decision-making;
Amendment 179 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages all law enforcement actors that collect data and use data processing and analytics to ensure appropriate human intervention throughout the various stages of the collection, processing and analysis of data, especially whenin the light of the risks that these decisions may carry high risks for individuals;
Amendment 189 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses, in particular, the importance of carrying out prior impact assessments that take account of ethical concerns and legal obligations in order to assess the inclusiveness, accuracy and quality of the data, and to ensure that individuals targeted by the decisions and/or actors involved in the decision-making processes are able to challenge the collection or analysis, patterns and correlations and to prevent any harmful effects on certain groups of individuals;
Amendment 212 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses the risks to civil liberties and human rights of any predictive use that may be made of big data;
Amendment 213 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States’ law enforcement authoriall parties that make use of data analytics to uphold the highest standards of ethics in the analysis of data and to ensure human intervention and accountability throughout the different stages of decision-making, not only to assess the representativeness, accuracy and quality of the data, but also to assess the appropriateness of each decision to be taken on the basis of that information;