Activities of Nadja HIRSCH related to 2012/0011(COD)
Plenary speeches (1)
Protection of individuals with regard to the processing of personal data - Processing of personal data for the purposes of crime prevention (debate)
Amendments (19)
Amendment 858 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) processing is necessary for compliance with a legal obligation to which the controller is subjectsolely carried out in the context referred to under Article 5a(2), (3) or (6) in accordance with Article 83;
Amendment 870 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or in the third party to which the data are transferred;
Amendment 873 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by athe controller, except where such interests are overridden by or by the third party or parties to whom the data are disclosed and of the legitimate expectations of the data subject based on his or her relationship with the controller, taking into account the interests or rights and freedoms of the controller to conduct a business as well as the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 886 #
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) processing is necessary for the purposes of ensuring the ability of a network or an information system to resist accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity or confidentiality of stored or transmitted data and the security of the related services offered by or accessible via these networks and systems;
Amendment 904 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Processing of pseudonymized data shall be lawful.
Amendment 916 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 923 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – introductory part
Article 6 – paragraph 3 – subparagraph 1 – introductory part
3. The legal basis ofor the processing referred to in points (c) and (e) of paragraph 1 must be provided for in:
Amendment 936 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Amendment 938 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. In case of processing based on point (f) of paragraph 1, the controller shall inform the data subject about this explicitly as well as the data subject's right to object pursuant to Article 19(2).
Amendment 944 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (efa) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
Amendment 958 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 968 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. TWhere data is processed pursuant to Article 6 paragraph 1(a) the controller shall bear the burden of proof for the data subject's consent to the processing of their personal data for specified purposes.
Amendment 976 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. TWithout prejudice to the data subject's existing contractual obligations, the data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. It is lawful that the withdrawal of consent might result in the termination of the relationship with the controller.
Amendment 985 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 999 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The required form of consent shall reflect the principles laid down in Articles 5a, 5b and 5c as well as the result of the data protection risk analysis referred to in Article 33.
Amendment 1007 #
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 societygoods or services directly to a child, the processing of personal data of a child below the age of 13 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.
Amendment 1027 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for thelaying down standard forms for specific methods to obtain verifiable consent referred to in paragraph 1. In doing so, the Commission shall consider specific measures for micro, small and medium-sized enterprises.
Amendment 1032 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 2961 #
Proposal for a regulation
Article 80 – paragraph 1 a (new)
Article 80 – paragraph 1 a (new)
1a. The European Data Protection Board shall issue guidance on when exemptions or derogations in accordance with paragraph 1 may be necessary, after consultation with representatives of the press, authors and artists, data subjects and civil society organisations.