3 Amendments of Eva JOLY related to 2018/0336(COD)
Amendment 7 #
Proposal for a regulation
Recital 4
Recital 4
(4) To that end, a verification procedure should be established whereby the Authority must, in certain circumstancesfollowing a final decision by the supervisory authority or European Data Protection Supervisor, ask the committee of independent eminent persons to assess whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on protection of personal data. Where the committee finds that to be the case, the Authority should impose sanctions in line with the effective, proportionate and dissuasive sanctioning system established by the Regulation (EU, Euratom) No 1141/2014. These sanctions should pursue the objective of guaranteeing free and fair elections to the European Parliament, while possible sanctions imposed by the data protection authorities should pursue the objective of protecting natural persons with regard to the processing of personal data.
Amendment 14 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation 1141/2014
Article 10a, first subparagraph
Article 10a, first subparagraph
If the Authority becomes aware of a final decision of a supervisory authority within the meaning of point 21 of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council17adopted pursuant to Article 58(2) of Regulation (EU) 2016/679 or of a final decision of the European Data Protection Supervisor established in accordance with Article [52]of Regulation (EU) [2018/xxxx (45/2001)] of the European Parliament and of the Council adopted pursuant to [Article 58(2)] of Regulation [2018/xxxx (45/2001)] finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that final decision, or where there are otherwise reasonable grounds to believe, that the infringement is linked to political activities byfactual grounds indicating that the infringement was committed on behalf of, under instructions from, or with the support of a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons established by Article 11. The committee shall give an opinion as to whether the European political party or the European political foundation concerned has deliberateintentionally influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage ofinfringing the applicable rules on the protection of personal data, or by authorising, instructing or supporting an entity that has infringementd the applicable rules. The Authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority. The committee shall deliver its opinion within a short, reasonable deadline set by the Authority. _________________ 17 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ L 119, 4.5. 2016, p. 1).
Amendment 16 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 1141/2014
Article 11, paragraph 3, first subparagraph, second sentence
Article 11, paragraph 3, first subparagraph, second sentence
When requested by the Authority, the committee shall give an opinion on whether a European political party or a European political foundation has deliberateintentionally influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on the protection of personal data, or by authorising, instructing or supporting an entity that has infringed the applicable rules. In both cases the committee may request any relevant document and evidence from the Authority, the European Parliament, the European political party or European political foundation concerned, other political parties, political foundations or other stakeholders, and it may request to hear their representatives. In the case of opinions on whether a European political party or a European political foundation has deliberateintentionally influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement ofinfringing the applicable rules on the protection of personal data, or by authorising, instructing or supporting an entity that has infringed the applicable rules, the supervisory authorities referred to in the Article 10(a) shall cooperate with the committee in accordance with applicable law.