12 Amendments of Nadja HIRSCH related to 2012/2011(COD)
Amendment 13 #
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees' personal data in the employment context. In an employment context, data processing intended to have primarily legally or financially advantageous consequences for the employee is an exception. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 18 #
Proposal for a regulation
Recital 75
Recital 75
(75) Where the processing is carried out in the public sector or where, in the private sector, processing is carried out by a large enterprise, or where its core activities, regardless of the size of the enterprise, involve processing operations which require regular and systematic monitoring, a person should assist the controller or processor to monitor internal compliance with this Regulation. Such data protection officers, whether or not an employee of the controller, should be in a position to perform their duties and tasks independently. Processing should be carried out by a legal person and relate to more than 250 data subjects per year.
Amendment 22 #
Proposal for a regulation
Recital 124
Recital 124
(124) The general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context. Therefore, in orderMember States should be able to regulate the processing of employees' personal data in the employment context, Member States should be able, within the limits of this Regulation, to adopt by law specific rules forwhile ensuring compliance with the standards set out in this Regulation. Where a statutory basis is provided in the Member State in question for the regulation of employment matters by agreement between employee representatives and the management of the undertaking or the controlling undertaking of a group of undertakings (collective agreement) or under Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees1, the processing of personal data in thean employment sector. context may also be regulated by such an agreement. __________________ 1 OJ L 122, 16.5.2009, p. 28.
Amendment 25 #
Proposal for a regulation
Recital 124 a (new)
Recital 124 a (new)
(124a) In order to safeguard business interests which are directly related to employment, the transmission and processing of employee data within groups of undertakings is permitted. This should not be affected by interests of the person concerned which are worthy of protection. Employee data includes all types of personal data of the person concerned which are directly related to employment. The rules laid down in Article 82(4) take into account the widespread practice of processing employee data in groups of undertakings.
Amendment 62 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the processing is carried out by an enterprise employing 250 persons or more legal person and relates to more than 250 data subjects per year; or
Amendment 83 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States may adopt by lawMember States may, in accordance with the rules set out in this Regulation, adopt by legal provisions specific rules regulating the processing of employees' personal data in the employment context, in particular for the purposes of the recruitment and job applications within the group of undertakings, the performance of the contract of employment, including discharge of obligations laid down by law orand by collective agreements, collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. The level of protection afforded by this Regulation may not be significantly undercut, especially where arrangements are made by agreement between employee representatives and the management of the undertaking or of the controlling undertaking of a group of undertakings. The right of Member States to provide employees with more favourable protection provisions in respect of the processing of personal data in the employment context shall remain unaffected.
Amendment 92 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
Amendment 106 #
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
1b. In addition to the provisions of Chapter IV, Section 4, the data protection officer shall enjoy special protection from dismissal and may not be the subject of discrimination. Authorities and companies shall also ensure that the data protection officer can carry out all activities independently in accordance with Article 36(2).
Amendment 111 #
Proposal for a regulation
Article 82 – paragraph 1 c (new)
Article 82 – paragraph 1 c (new)
1c. The transmission and processing of personal employee data between legally independent undertakings within a group of undertakings and with professionals providing legal and tax advice shall be permitted, providing it serves a business interest and is used for the conduct of specific operations or administrative procedures and is not contrary to the interests of the person concerned which are worthy of protection. Where employee data are transmitted to a third country and/or to an international organization, Chapter V shall apply.
Amendment 115 #
Proposal for a regulation
Article 82 – paragraph 1 d (new)
Article 82 – paragraph 1 d (new)
1d. Article 7, paragraph 4, shall not apply where the data processing is intended to have legally or economically advantageous consequences for the employee.
Amendment 126 #
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 solely for the purpose of further specifying the criteria and requirements for the safeguensuring the latest technical and security standards for the processing of personal data for the purposes referred to in paragraphs 1 and 4. Account shall be taken of the costs of implementation, the risks represented by the processing and the corresponding need to protect the data.
Amendment 128 #
Proposal for a regulation
Article 82 – paragraph 3 a (new)
Article 82 – paragraph 3 a (new)
3a. On a proposal from the Commission, the European Parliament and the Council shall review Article 82 of this Regulation no later than 2 years after the date referred to in Article 91, paragraph 2. They shall reach a decision on this proposal under the procedure laid down in Article 294 of the Treaty on the Functioning of the European Union.