17 Amendments of Frank ENGEL related to 2012/0011(COD)
Amendment 405 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Where a service provider processes personal data without being able to access this data by means that are technically feasible, do not involve a disproportionate effort, and reasonably likely to be used by the service provider to gain knowledge of the content of such data, such service providers should be deemed to be a neutral intermediary or mere conduit pursuant to Article 12 of Directive 2000/31/EC, who are not responsible for any personal data transmitted or otherwise processed or made available through them.
Amendment 645 #
Proposal for a regulation
Recital 127 a (new)
Recital 127 a (new)
(127a) For purposes of legal certainty, this Regulation should not lead to conflicts with sector-specific legislation concerning legal obligations and non- legal requirements and recommendations flowing from such sectorial legislation, for example in health or banking sector.
Amendment 663 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
If the provisions of this Regulation conflict with a provision of another Union act governing specific aspects of processing of personal data in specific sectors, the provision of the other Union act shall prevail and shall apply to those specific sectors.
Amendment 1076 #
Proposal for a regulation
Article 9 – paragraph 2 – point j
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation or orders and recommendations of competent organizations as well as the requirements of supervisory authorities to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A complete register of criminal convictions shall be kept only under the control of official authority.
Amendment 1707 #
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
Amendment 1708 #
Proposal for a regulation
Article 22 – paragraph 4 b (new)
Article 22 – paragraph 4 b (new)
4b. The main establishment designated under paragraph 4 subpoint 1 shall be responsible to the supervisory authority of the Member State in which that main establishment is established, for the implementation of the provisions of this Regulation by all of the controller's or processor's establishments within the territory of the Union.
Amendment 2575 #
Proposal for a regulation
Article 50
Article 50
The members and the staff of the supervisory authority shall be subjectbound, both during and after their term of office, to a duty ofby the obligation for professional secrecy with regard to any confidential information in conformity with national legislation and practice which has come to their knowledge in the course of their performance of their official duties.
Amendment 2580 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member Statehas designated a main establishment in accordance with Article 22a, the supervisory authority of the main establishment of the controller or processor shall be solely competent for the supervision of all the processing activities of the controller or the processor in all Member States, without prejudice to the provisions of Chapter VII of this Regulation.
Amendment 2588 #
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. In situations referred to in Article 3(2) and where the controller has designated a representative in the Union pursuant to Article 25, the supervisory authority of the establishment of the representative shall be solely competent for the supervision, in all Member States, of all processing activities that are carried out by or on behalf of that controller.
Amendment 2599 #
Proposal for a regulation
Article 51 – paragraph 3 a (new)
Article 51 – paragraph 3 a (new)
3a. Subject to paragraph 5, each supervisory authority shall receive and transmit to the competent supervisory authority as defined in paragraph 2 any request sent to it by a data subject resident of that Member State and whose data are processed or likely to be processed by a controller or a processor established in another Member State. The competent supervisory authority shall inform and cooperate with the supervisory authority of the data subject in accordance with Articles 55.
Amendment 2658 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. In cases where data subjects in several Member States are likely to be adversely affected by processing operations, a supervisory authority of each of those Member States shall have the right to participate in the joint investigative tasks or joint operations, as appropriate. The competent supervisory authority shall invite the supervisory authority of each of those Member States to take part in the respective joint investigative tasks or joint operations and respond to the request of a supervisory authority to participate in the operations without delay.
Amendment 2665 #
Proposal for a regulation
Article 58 – paragraph 2 – point a
Article 58 – paragraph 2 – point a
(a) relates to processing activities of personal data which are related to the offering of goods or services specifically targeted ato data subjects in several Member States, or to the monitoring of their behaviourin accordance of Article 3 (2) and where the controller has not designated a representative in the Union; or
Amendment 2667 #
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
Amendment 2735 #
Proposal for a regulation
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or, at the request of the European Parliament, Council or Commission, in particular:
Amendment 2755 #
Proposal for a regulation
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
4a. Where appropriate, the European Data Protection Board shall, in its execution of the tasks as outlined in this Article, consult interested parties and give them the opportunity to comment within a reasonable period. The European Data Protection Board shall, without prejudice to Article 72, make the results of the consultation procedure publicly available.
Amendment 2835 #
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or the processor proves that they are not responsible for the event giving rise to the damage or if the controller does not have actual knowledge of the event giving rise to the claim for compensation.
Amendment 2838 #
Proposal for a regulation
Article 77 – paragraph 3 a (new)
Article 77 – paragraph 3 a (new)
3a. If a processor processes personal data other than as instructed by the controller, he may be held liable should any person suffer damage as a result of such processing.